Domestic Violence

California domestic violence laws make it a crime to harm, or threaten to harm, an intimate partner. Common charges include Penal Code 243(e)(1) “domestic battery” and Penal Code 273.5, “inflicting corporal injury on an intimate partner.”

When a person is arrested on a domestic violence offense, he or she can ultimately be charged with either a felony or a misdemeanor depending on a number of different factors. There are significant differences between felony and misdemeanor level offenses in California and cases that start out as felonies can sometimes be reduced to misdemeanors. It is important to understand the differences between a domestic violence felony and misdemeanor offense and what these differences mean to those who are facing charges.

Is it a Felony of Misdemeanor?

In many domestic violence cases, the defendant will be arrested on suspicion of corporal injury to a spouse in violation of California Penal Code Section 273.5 PC, which is a wobbler offense. Prior to the defendant’s arraignment date, the detective assigned to the case and the filing Deputy District Attorney will review the case and decide what level of charges to file. Typically, a prosecutor will file felony charges when there are injuries or where the defendant has a history of domestic violence offenses on his or her criminal record. Punishments are often increased when the victim suffers serious bodily injury as a result of the defendant’s conduct.

The prosecutor may file charges of corporal injury to a spouse under California Penal Code Section 273.5 PC as either a felony or a misdemeanor. Alternatively, the prosecutor may charge the defendant with domestic battery in violation of California Penal Code Section 243(e) PC. Domestic battery is a misdemeanor and usually involves physical contact that does not involve any injury, such as when there is pushing and shoving between a husband and wife.

There may be cases where a domestic violence offense can be considered a strike under California’s Three Strikes Law. A conviction for a strike offense results in heightened sentences and can be used to enhance future convictions. One example of a strike offense is assault with a deadly weapon in violation of California Penal Code Section 245 PC.

Protecting You, Your Family And Your Future

Domestic violence charges often occur in relation to other family disputes such as divorce proceedings and child custody battles. In many cases, we are able to utilize documents from other related court proceedings to build strong defense strategies for our clients. We handle all types of domestic violence charges including those involving weapons offenses.

When you retain us for legal services, we will take the time to understand the facts of your case and your unique circumstances. We will then build a vigorous defense strategy, using the best legal precedents to help protect your rights, your family and your best interests.

CONTACT OUR LAW OFFICE TO FIND OUT HOW WE CAN ASSIST YOU

Whatever the nature of your offense, we can help. To learn more, contact us using the form below or at 951-977-9828 to schedule a free consultation. Spanish translation services are available.