California is among the states leading in enforcing domestic violence laws in an effort to curb this widespread issue. California’s legal system is structured to aggressively prosecute domestic violence allegations, placing defendants at an immediate disadvantage without a strategic defense. Thus, you want to hire a highly qualified and knowledgeable domestic violence lawyer right after you are arrested to ensure your legal rights are safeguarded at all stages of the criminal process.
At Leah Legal Criminal Defense Attorney, we are prepared to fight rigorously to help you keep your freedom. If you face domestic violence charges in Los Angeles, you need effective and reliable legal representation to maximize your odds of securing a fair, favorable outcome. Let us review your case and build a compelling defense strategy to help you.
What Is Domestic Violence?
Domestic violence is defined under Penal Code (PC) 13700. This law describes domestic violence, also known as domestic abuse, as any type of abuse perpetrated against an intimate or romantic partner. Violence or abuse involves the reckless or intentional application of bodily force against someone or the threat to apply force against them. Generally, domestic violence describes the abuse happening inside an intimate relationship or family. It could be emotional, financial, psychological, or physical. Some instances of domestic abuse include:
- Hitting
- Punching
- Scratching
- Biting
- Controlling finances
- Issuing threats
- Forcing sexual conduct or activity.
Section 6211 of the California Family Code outlines who is eligible to be a domestic abuse victim. It describes an intimate or romantic partner widely enough to encompass these categories of individuals:
- Your current or ex-domestic partner
- Your current or ex-spouse
- An individual you have a child with
- Someone you are dating or have dated
- A current or former live-in romantic partner
Regarding custody disputes, the law additionally allows anybody related to the defendant within the second degree by marriage or blood to be classified as a domestic violence victim:
Common California Domestic Abuse Charges
According to California statutes, various standard crimes can be associated with domestic violence. These offenses cover a broad array of abusive conduct. The penalties for these charges depend on whether the crime is a felony or a misdemeanor. Therefore, domestic abuse crimes are mostly wobblers. The seriousness of the injury the victim sustained, and your past criminal record are factors considered in determining whether to prosecute an offense as a felony or misdemeanor domestic violence act. The most prevalent domestic violence charges are:
PC 273(d), Child Abuse
PC 273(d) makes it a domestic violence crime to physically injure or impose cruel bodily punishment upon a minor that does not qualify as reasonable discipline. Committing this crime will generally trigger a distinct investigation by the Department of Child and Family Services (DCFS). The Child Abuse Central Index (CACI) is a statewide database in California maintained by the Department of Justice (DOJ) to track persons suspected of committing child neglect or abuse.
If you work as a caregiver or are a guardian or parent suspected of not being able to keep a minor under your care safe, you might be subject to child dependency proceedings to determine if the minor can really be safe under your care.
In criminal court, child abuse is a wobbler. A misdemeanor conviction is punishable by up to 12 months in jail and up to $6,000 in fines. The judge may sentence you to summary probation rather than jail. A felony conviction will subject you to a prison term of two, four, or six years and up to $6,000 in fines. The judge may sentence you to felony probation rather than impose a prison sentence. You may face a sentence enhancement if you have a prior conviction.
PC 273(a), Child Endangerment
PC 273a defines child endangerment as willfully:
- Inflicting or permitting a minor to suffer,
- Causing unjustifiable psychological suffering or bodily pain, or
- Subjecting a minor to a situation that endangers their health
Child endangerment differs from child abuse since it does not necessitate that the child suffer a real injury. This kind of domestic abuse is generally an additional accusation when a physical fight occurs between spouses in a child’s presence.
Child endangerment is a wobbler offense. If you are found guilty of a felony violation, the consequences may include a maximum of 6 years in prison and a fine not exceeding $10,000. If you are found guilty of a misdemeanor, the penalties may be up to 12 months in jail and not more than $1,000 in fines.
PC 273.5, Corporal Injury On a Cohabitant or Spouse
Corporal injury to a spouse is a more severe domestic violence crime. It is described as willfully causing a traumatic condition on your spouse or romantic cohabitant. Even the slightest physical injury suffices for purposes of a conviction under this law. The crime is deemed a wobbler. That means the prosecution can charge it as a felony or a misdemeanor, contingent on your criminal record and the degree of the injuries you inflicted.
If you are convicted of a misdemeanor, you will face up to 12 months in jail and a maximum of $6,000 in fines. The judge may also impose an informal probation against you rather than jail time. If convicted of a felony, you will be subject to two, three, or four years in jail under the state’s realignment program, a maximum of $6,000 in fines, and formal probation. The penalties will be more severe if you have a prior conviction.
PC 243(e)(1), Domestic Battery
Criminal charges of domestic battery, also known as spousal battery, are the most prevalent type of domestic abuse offense. PC 243(e)(1) defines domestic battery as the unlawful and willful touching of a romantic partner that is offensive and harmful. A romantic partner includes any of the parties mentioned above. You need not inflict actual injuries on the victim to be prosecuted for domestic battery. Even minimal physical touching out of disrespect or anger suffices.
Domestic battery is a misdemeanor offense. The consequences of a conviction are 12 months in jail and up to $2,000 in fines. A judge might grant you summary probation instead of a jail term. If you are sentenced to probation, you must complete a batterer’s intervention program. If it is unavailable, then you must complete another appropriate counseling program. The judge may also issue a domestic violence protective order, ordering you not to threaten, harass, or harm the victim.
PC 368, Elder Abuse
PC 368 applies to persons 65 years of age or older and dependent adults. A dependent adult is a person 18 to 64 years of age who has developmental, mental, or physical limitations that limit their capability to do normal daily activities, safeguard their rights, or provide for their care. These two categories of people are accorded the same exceptional protections provided to minors.
Elder abuse, under PC 368, is defined as any action that willfully inflicts or makes an elder person or dependent adult suffer unjustifiable mental suffering or physical pain. The crime is considered a wobbler. A conviction of a misdemeanor violation may subject you to harsh legal consequences, including a maximum of 12 months in jail, up to $6,000 in fines, victim restitution, and summary probation.
A felony conviction will subject you to two, three, or four years in prison (and an additional seven years should the victim suffer substantial bodily injury). You might also face a court fine of no more than $10,000 and be required to pay restitution to the victim. You may be sentenced to formal probation for a period not exceeding five years rather than prison.
PC 422, Criminal Threats
Penal Code 422 defines the crime of criminal threats as willfully threatening to perpetrate an offense that can cause death or injury to an intimate partner. These threats could come through written, electronic, or verbal communication. This type of domestic abuse crime is also considered a wobbler based on the aggravating circumstances present in the case.
A misdemeanor conviction carries a maximum jail term of 12 months and a fine of up to $1,000. A felony is punishable by at most $10,000 in fines and a maximum of three years in prison, including a possible 12-month enhancement if you used a dangerous or deadly weapon to pass your threat. Also, violating PC 422 counts as a strike per the California Three Strikes Law. If you accumulate three strikes, you will serve at least 25 years in prison.
PC 653(m), Making Annoying Calls
PC 653m criminalizes making harassing or repeated phone calls or making a call using threatening or obscene language. Making annoying or harassing calls does not only apply to telephone calls. It also includes sending lewd emails, text messages, or other types of electronic messages. Obscene language refers to any language deemed offensive or one that violates the general standards of what is right.
Violating PC Section 653m is deemed a misdemeanor. A conviction has a sentence of up to six months in jail and a fine not exceeding $1,000. Based on the facts of your case, the judge might sentence you to summary probation instead of a jail term. Anger management counseling is a prevalent probation condition.
PC 646.9, Stalking
Stalking is often associated with domestic abuse. PC 646.9 describes it as willfully following or harassing someone else or making credible threats against them in writing, with electronic devices, or verbally. A credible threat is one made with the intention of making the recipient reasonably fear for their safety or that of their family.
Stalking is also a wobbler offense. If you are convicted of a misdemeanor, you may face informal probation, not more than 12 months in jail, and up to $1,000 in fines. If convicted of a felony, the consequences will include felony probation, a prison sentence of 2, 3, or 5 years, and a fine not exceeding $1,000. If there was a temporary court-issued protective order against you at the time of stalking, your sentence would be 2, 3, or 4 years in prison.
PC 136.1, Witness Intimidation
Witness intimidation occurs when a person maliciously and knowingly prevents or attempts to prevent a victim or witness from testifying during a court trial. In cases of domestic abuse, this is prevalently referred to as dissuading a witness from cooperating with the prosecution of an offense or helping detectives in an investigation. Whether you succeeded in doing so does not matter; just trying to intimidate or dissuade a witness or victim is enough to subject you to a conviction. Typically, intimidation charges are related to other kinds of charges, like domestic battery, harassment, or stalking.
Intimidating a witness is considered a wobbler violation. A misdemeanor conviction carries consequences, including a jail term not exceeding 12 months and a fine of up to $1,000. A felony is punishable by a prison sentence of no more than 4 years and a court fine of up to $10,000.
PC 270, Child Neglect
You commit child neglect when you willfully fail to provide necessities for a minor under your care. Necessities include shelter, food, clothing, and medical care. Most violations of PC 270 are misdemeanors. A conviction carries a jail term of not more than 12 months and a fine of no more than $2,000. Rarely, child neglect can also be a felony. If convicted of a felony, you would face a year plus a day in prison and a fine not exceeding $2,000.
PC 601, Aggravated Trespass
PC 601 makes it unlawful to make threats and then enter a workplace or home to carry them out within 30 days of making them. Aggravated trespass is considered a wobbler. A misdemeanor will subject you to summary probation, not more than $2,000 in fines, and up to 12 months in jail. A felony carries a formal probation sentence, a maximum of 3 years in prison, and a fine of not more than $10,000.
PC 653.2, Posting Harmful Information On the Internet
Violating PC 653.2 entails making hurtful information about another person available by email or posting it. You must have intended to make other individuals harass the victim with or through the posting. Violating PC 653.2 is deemed a misdemeanor. The consequences include misdemeanor probation, not more than 12 months in jail, and a fine not exceeding $1,000.
PC 591, Damaging a Telephone Line
You violate PC 591 when you intentionally cut or damage a telephone line, cell phone, or any other electronic communication device. This crime is a wobbler. A misdemeanor carries a jail sentence of up to 12 months and a fine of up to $1,000. On the other hand, a felony carries a prison term of up to three years.
PC 647(j)(4), Revenge Porn
The crime of revenge porn is a type of harassment that involves intentionally distributing someone else’s sexual images. To be convicted, you must have intended to cause that person emotional distress or mental anguish with your distribution of the pictures. Violating PC 647(j)(4) is a misdemeanor that carries 12 months of jail time and up to $1,000 in fines. The penalties may increase if the victim is a minor and you have one or several prior revenge porn convictions.
Probation for Domestic Abuse Cases
For most domestic violence charges, a judge may grant probation based on the facts of the case. Probation permits you to do part or all of your jail or prison term at home. You are likely to be subject to probation if the victim did not suffer any injuries or the injuries were not significant. Therefore, you are highly likely to be granted probation if convicted of a misdemeanor.
Should the judge grant probation, you must comply with the conditions the court imposed against you. If you violate any probation condition, your probation may be revoked, and you may have to serve the original prison or jail time applicable to your crime.
Immigration Consequences and Domestic Abuse Convictions
Some domestic abuse convictions can lead to deportation (removal) from the United States. They can also lead to green card denial, adjustment of status (from legal to illegal immigrant), and inadmissibility to the United States, among other adverse immigration consequences.
Domestic Abuse Convictions and Firearm Rights
Domestic abuse convictions often lead to the loss of the right to own or possess a gun. The firearm rights repercussions of domestic abuse convictions fall widely under two categories: domestic abuse misdemeanor convictions and felony domestic abuse convictions.
Domestic abuse misdemeanor convictions lead to a 10-year prohibition on possessing or owning guns in most cases. However, a conviction for a 273.5 PC violation can result in a lifetime prohibition. Also, if your offense is considered a misdemeanor kind of domestic abuse under federal statute, you will face a lifetime ban on owning or possessing a firearm.
Regarding felony domestic abuse convictions, California’s law on “felon in possession of a firearm” makes it unlawful for an individual found criminally liable for a felony offense anywhere to possess or own a gun. The law imposes a lifetime prohibition.
Common Defense Strategies Against Domestic Violence Charges
There are various defenses against domestic abuse charges in California. The particular defense that applies depends on the specific facts surrounding a case. Common ones include the following:
- False accusations
At times, someone might falsely or wrongly accuse their spouse or partner of domestic abuse to have the upper hand in a divorce settlement or child custody case. In other cases, the victim can make false statements to the police or exaggerate their account of events out of anger, jealousy, or revenge. If you can prove that you were falsely accused of a domestic violence crime, it might result in the dismissal or reduction of your charges.
- Self-Defense or Defense of Another Person
California law allows those in imminent danger of physical injury to use appropriate and proportionate force against their attacker in an act of self-defense. With help from your lawyer, you can submit evidence that proves that you acted in self-defense or defense of someone else in your home at the time of the alleged crime and that your actions were lawfully justified.
- Your Actions Were Not Willful.
Some, if not all, domestic violence crimes require general intent, meaning you willfully perpetrated the act, even if you did not intend to cause a specific outcome. So, the court should not convict you if you did not act on purpose.
Domestic Abuse and Plea Bargains
Plea bargains are an option in domestic abuse charges. The two lesser violations often offered as plea deals in domestic abuse cases are trespass under PC 602 and disturbing the peace under PC 415. Apart from substantially less severe penalties, plea deals for domestic abuse cases can avert consequences such as loss of custody rights and enable you to retain your constitutional right to possess, own, or buy a gun.
Domestic Violence and Restraining Orders
A restraining order, also known as a protective order, necessitates that restrained individuals stay away from domestic violence victims. The victim need not sustain physical injury to obtain a protective order. Both civil and criminal courts can grant domestic violence restraining orders.
For a domestic violence victim to obtain a protective order against you, they must demonstrate that:
- You threatened or abused them or their minor child
- You are their romantic partner or relative in the first or second degree of relationship
If the court grants a protective order against you, it is an offense to violate it. But provided the victim does not sustain any physical injury, restraining order violation charges are likely to be a misdemeanor.
Contact an Experienced Domestic Violence Attorney Near Me
California treats domestic abuse incidents harshly. If you are accused of any domestic violence offense, you want to hire an experienced, dedicated defense lawyer promptly. Your rights, livelihood, and freedom are on the line. A qualified criminal defense lawyer can successfully negotiate for reduced charges during plea bargaining, have your sentence reduced, or have your charges dismissed entirely. At Leah Legal Criminal Defense Attorney, we have an extensive understanding of California domestic violence laws. We also know how the criminal justice system and local courts work. We will analyze all the facts surrounding your case and develop a defense strategy to help you achieve the most favorable outcome. If you have been arrested or charged in Los Angeles, call us today at 213-444-7818 to schedule a free, confidential consultation.
