Being accused of domestic violence can make you feel like your world is crumbling. The justice system moves quickly, and these serious charges can strain your relationships, jeopardize your career, and put your freedom at stake. While California law treats these accusations with the utmost gravity, a fundamental principle protects you: innocent until proven guilty.
You should understand what you are dealing with, the potential consequences, and how to build a strategic defense. Navigating these high-stakes accusations on your own is a significant risk. Securing expert legal counsel immediately is the most critical step you can take.
If you are facing domestic violence charges in Southern California, our experienced criminal defense attorneys at Singh Law can provide a confidential case assessment to protect and help defend you.
Legal Definition of Domestic Violence Under California Law
Domestic violence is not a single crime in California, but a broad term that encompasses many criminal acts when they are perpetrated against a particular group of individuals. The law broadly defines these relationships as having a wide net of protection. You should be aware of the state’s perception of these relationships to know why you are being charged in this manner.
According to the California Penal Code, domestic violence is the abuse that you inflict on an intimate partner. The law regards an intimate partner as:
- Your current or former spouse
- Your registered domestic partner
- A person you are or were engaged to
- Someone with whom you live or lived as a couple
- Someone with whom you have a child
- A person that you are or were in a serious dating relationship with
Domestic violence also encompasses violence perpetrated against other close relatives, either by birth or marriage. It implies that a case that involves your child, a parent, a sibling, or even a grandparent can be prosecuted under the domestic violence umbrella as well.
The word “abuse” implies that you deliberately or carelessly employed physical force, threatened to employ physical force, or tried to use physical force. You should know that this definition is so broad that even a touch that is unwanted or offensive and does not result in visible harm could be sufficient for your arrest and criminal prosecution.
Common Domestic Violence Crimes in California
Since domestic violence is a category of crime and not a one-time offense, the District Attorney has many possible penal code sections in which to press charges against you. Your charge will be determined solely by your case’s peculiarities, connection with the accuser, and the extent of any alleged injuries. The first step in creating an effective defense is understanding the particular elements of the crime you are accused of.
Corporal Injury to a Spouse or Cohabitant, Penal Code 273.5
You will be charged with a PC 273.5 violation if you physically abused an intimate partner. It is among the gravest domestic violence crimes. The prosecutor has to demonstrate beyond a reasonable doubt that you willfully caused a physical injury and that the injury caused a traumatic condition to convict you. A traumatic condition may be any wound or body injury, however minor or severe, resulting from physical force. This covers bruises, sprains, broken bones, or even strangulation marks.
Corporal injury to a spouse or cohabitant is a wobbler. Therefore, the prosecutor can charge you with a misdemeanor or a felony. The prosecutor’s choice depends on the facts of your particular case, the extent of the injuries, and whether you have a criminal record in the past.
When you are guilty of a misdemeanor, you may be sentenced to one year in county jail. Should you be found guilty of a felony, you will be sentenced to a possible two, three, or four years in the state prison.
Domestic Battery, Penal Code 243(e)(1)
Even when the victim does not have any visible injuries, you may be charged with domestic battery. This is not a crime similar to corporal injury since touching is essential rather than the outcome of the touching. The prosecutor should be able to demonstrate that you touched an intimate partner in a harmful or offensive manner and that you did so willfully and unlawfully.
The law states that even the slightest touch could amount to charges if done angrily, rudely, or disrespectfully. This statute treats domestic battery as a misdemeanor. You will be sentenced to one year of county jail and a fine of up to $2,000 upon conviction.
Criminal Threats, Penal Code 422
Even when you never physically touched your accuser, you can be charged and convicted of making a criminal threat. The fear that your words cause is an element of this crime. The prosecution has to demonstrate that you knowingly threatened to commit a crime that would have led to death or significant bodily harm to another human being.
They should also demonstrate that you meant for your statement to be considered a threat. The threat itself should have been so absolute, unconditional, specific, and immediate that it made the other person experience reasonable and sustained fear for their safety or the safety of their immediate family.
This is also a wobbler, meaning you may be charged with a misdemeanor or a felony. A misdemeanor conviction is up to one year in county jail. A conviction of a felony is much more serious. It carries a maximum sentence of four years in state prison and will qualify as a strike on your record under the California Three Strikes Law.
Child Abuse, Penal Code 273d
When a child is concerned, you may be prosecuted under this law, thus making it a criminal offense to intentionally cause cruel corporal punishment or an injury leading to a traumatic condition. Although California law does not forbid reasonable physical punishment by parents, any punishment deemed excessive or resulting in actual injury is a step beyond the bounds of criminal behavior.
This is a “wobbler” offense. You risk one year in jail if you are found guilty of a misdemeanor. A felony conviction, however, has a possible state prison sentence of two, four, or six years.
Child Endangerment, Penal Code 273a
Child endangerment can be charged even in cases where the child does not really suffer any physical injuries. This law punishes you for putting a child in a risky position. The prosecution must demonstrate that you knowingly or intentionally inflicted or allowed a child to be inflicted with pain or injury, or that you put a child in a position where their health or safety was at risk.
This may involve leaving a loaded gun in the possession of a child or running a meth lab in a house where a child is staying. This is a “wobbler.” Provided that the situation you created had a high likelihood of inflicting serious bodily injury or death, a felony conviction may lead to a two-, four-, or six-year prison term. Had no such risk existed, it would be a misdemeanor that could be punished by up to six months in jail.
Child Neglect, Penal Code 270
As a parent, your legal responsibility is to care for your child’s basic needs. According to this law, it is a crime that you willingly neglect to provide the necessities of life to your minor child, which include food, clothing, shelter, or medical care, when you can do so. It is nearly always a misdemeanor. A conviction will expose you to one year imprisonment in a county jail and up to $2000 as a fine.
Elder Abuse, Penal Code 368
This legislation offers extra safeguards to senior citizens, one of the most vulnerable groups in society. You commit a crime by subjecting any individual 65 years of age or above to physical abuse, emotional suffering, neglect, or financial fraud. You may be charged when you knowingly inflict or allow an elderly person to experience unreasonable physical pain or mental distress.
Elder abuse is a “wobbler,” so in case of a misdemeanor conviction, you will serve a maximum of one year in jail. A felony conviction, however, carries a sentence of two, three, or four years in a state prison.
Stalking, Penal Code 646.9
In the case of stalking among intimate partners, it is considered a domestic violence crime. The statute describes stalking as harassing or following another individual willfully and maliciously, and also credibly threatening them. The actions should be meant to put that individual in reasonable apprehension of their safety or the safety of their immediate family. Stalking is a wobbler crime. If you are found guilty of a felony, you will be sentenced to a state prison for up to five years.
Revenge Porn, Penal Code SS 647(j)(4)
This is a more widespread accusation in domestic disputes in the digital age. You commit a crime by sending intimate photos or videos of another individual with the motive of engaging them in emotional distress, particularly when it was agreed that the pictures would be kept confidential. It is a misdemeanor crime, and the conviction will result in a jail sentence of up to one year and a fine of up to $1000.
Other Related Crimes
Other related offenses that you can also be charged with, together with domestic violence offenses, are aggravated trespass, when you have made a credible threat and, within 30 days, you enter the residence or workplace of the person and execute it.
Also, the damage of a telephone line is a distinct offense under Penal Code 591. This is commonly alleged in domestic violence cases when you are accused of not allowing someone to call 911 to assist. These two are both wobblers.
Consequences of a Domestic Violence Conviction
Should you be found guilty of a domestic violence crime, you should know that the repercussions go way beyond the sentence imposed by the judge. Conviction leads to a chain of compulsory, life-changing punishments that may impact all spheres of your future.
Protective and Restraining Orders
The court will definitely grant you a criminal protective order. It is a court order that may forbid you from contacting the victim. This involves calling, texting, emailing, or even reaching them via a third party. The order will also mandate you to maintain a distance from the person, their home, workplace, and their children’s school. These orders may take up to ten years. Should you breach any of the terms of the order, no matter how insignificant it appears, you will be arrested and charged with a new criminal offense.
Loss of Firearm Rights (10-Year and Lifetime Bans)
Any conviction of domestic violence will automatically disarm you under the Second Amendment. In case you are convicted of any misdemeanor domestic violence crime in California, you will not be allowed to own, possess, or purchase a firearm within a period of ten years.
In case of conviction of a felony domestic violence crime, or even a misdemeanor of corporal injury under Penal Code 273.5, you will be subject to a lifetime ban, both under California and federal law. Once these rights are lost, there is usually no means of regaining them.
Batterer’s Intervention Programs and Mandatory Minimum Jail Time.
Although you may be a first-time offender, if you are found guilty of a misdemeanor in most counties in California, the jail sentence is mandatory for 30 days. In addition, as a probation requirement, the court will direct you to join, pay for, and complete a 52-week batterer intervention program. It is a one-year counseling program that aims to solve the causes of domestic violence.
Impact on Child Custody and Visitation Rights
In case you have children, the effect of a domestic violence conviction on your relationship with them can be devastating. The legislation establishes a rebuttable presumption that it is not in the best interest of a child that a person convicted of domestic violence have joint or sole custody. This implies that the family court will most likely deprive you of your right to custody. You might at most be allowed to have limited, supervised visitation.
Immigration Consequences
The stakes are even higher if you are not a citizen of the United States. The majority of domestic violence convictions are regarded as crimes of moral turpitude or aggravated felonies according to the federal immigration law. This implies that a sentence can render you deportable in the United States.
You might be a legal permanent resident with a green card, but you are in removal proceedings. You can also become inadmissible with a conviction; if you ever leave the country, you may never be allowed to return.
A Permanent Criminal Record
A domestic violence conviction will leave a permanent criminal record. This record is open and will be seen on any background check done by prospective employers, landlords, or state licensing agencies. This may pose a substantial and permanent obstacle to your chances of getting a good job, housing, or a professional license in real estate, nursing, or education.
Victim Restitution and Court Fines
Apart from jail time, you will also be required to pay huge fines in court. The judge will also direct you to pay restitution to the victim. This is to compensate them for any financial loss due to the incident. This may involve the amount of medical bills, therapy or counseling, lost wages due to absenteeism, and the cost of repairing damaged property.
Defensive Strategies to Domestic Violence Accusations
It is easy to get hopeless when faced with such serious accusations, but remember that an arrest is not a conviction. The prosecution is the one who has to prove your guilt beyond a reasonable doubt. Their case can be contested by a skilled and experienced criminal defense attorney from all angles.
Arguing False Allegations and Ulterior Motives
It is a sad fact that individuals are capable of filing false allegations of domestic violence. At times, such accusations are made out of anger or revenge. In other instances, an individual can make up a tale to have an upper hand in a divorce or child custody case.
A comprehensive investigation can frequently reveal discrepancies in the accuser’s narration, witnesses’ contradictory words, or digital evidence such as text messages and emails demonstrating an intention to lie.
Claiming Self-Defense or Defense of Others
It is an absolute right to use reasonable force to defend yourself or another person against an imminent danger. When your accuser was the first to strike and you did it to protect yourself against being hit or hurt, you did not commit any unlawful actions. To effectively present self-defense, we have to demonstrate that you had a reasonable belief that you were in danger and did not use more force than was required to end the threat.
Demonstrating That the Injury Was Accidental
In almost all crimes of domestic violence, the prosecutor needs to demonstrate that you did it willfully or with a specific intent to do it. If an injury was caused by a real accident, then no crime was committed. To take an illustration, when in the middle of an intense discussion, you swiveled around and accidentally knocked a lamp off a table, which hit your partner; the harm was not caused by a deliberate criminal act.
Lack of Sufficient Evidence
A lot of domestic violence cases are carried out in secrecy, and there are no third parties present. In such instances, the whole case of the prosecution can be based on the evidence of your accuser. The case turns into a he-said-she-said situation when there is no corroborating evidence, including visible injuries, medical records, or a 911 call. We can question the reliability of the testimony given by the accuser and say that the state just lacks sufficient credible evidence to prove your guilt beyond a reasonable doubt.
Exploring Alternative Resolutions Like Plea Bargains and Diversion
It is not always the best strategy to fight a case to a jury trial. In some cases, we may be able to negotiate with the prosecutor to reach a resolution that will not involve the worst possible outcomes of a domestic violence conviction.
Negotiating for Lesser, Non-Domestic Violence Charges
You might be able to negotiate a plea bargain in which you will admit to a lesser crime that is not a domestic violence crime. Typical ones are pleading to disturbing the peace or mere trespass. The benefit of this strategy is that a conviction of one of these lower crimes will not cause the automatic loss of your gun rights, will not have the same destructive effect on cases involving child custody, and will not have the same harsh immigration ramifications.
Eligibility for Pretrial Diversion Programs
A pretrial diversion program can also be considered when first-time offenders have committed less serious crimes. You do not plead guilty under this arrangement. Instead, the criminal proceedings are deferred as you fulfill some court-imposed requirements, including the 52-week batterer program. If you meet all the program conditions, the prosecutor will entirely dismiss the charges against you. It will be as though you have no criminal conviction.
Seek Legal Counsel From a Orange County Domestic Violence Lawyer Near Me
Being charged with domestic violence is a daunting experience. After your arrest, a complicated legal system is triggered, and the prosecution starts building its case against you. You just cannot face these charges alone. What you do or do not do has an enduring effect on the outcome of your case.
An arrest for domestic violence is not a conviction, and an accusation is not proof. You are entitled to constitutional rights and legal options. It is advisable to act early and retain an experienced criminal attorney. Your domestic violence attorney can review your case, preserve essential evidence, interview witnesses when their memories are still fresh, and build a strong defense strategy that fits the circumstances of your case.
We at Singh Law know what is at stake and are willing to defend you. We will carefully examine all the evidence, discredit the prosecution’s story, and do everything possible to protect your freedom and future. Contact us today at 714-328-6189 to have a confidential case evaluation if you are in the Southern California area.
