In California, a domestic violence offence can be charged as a felony or misdemeanor. Depending on the specific allegation and facts involved, the offences are very serious and you will need an experienced and committed California domestic violence lawyer to help advise you and walk you through the criminal justice system to obtain the best results possible.
Domestic Violence Charges in California Vary. Common Offenses include:
Domestic Battery (PC 243(e)(1)). This offence is defined as any willful and unlawful use of force or violence against another person.
In California, you can be charged with domestic battery if you: 1) use any type of force, 2) no matter how slight, and 3) visible injuries are not required.
This offence can be charged as a misdemeanor, if there are slight injuries or no injuries at all. If the victim actually suffers injuries, you can be charged with aggravated battery.
Corporal Injury to a Spouse or Cohabitant (PC 273.5). This offense is defined as willfully inflicting a traumatic condition upon an intimate partner.
Possible penalties for this charge include one year in county jail to four years in state prison. This charge is a wobbler; therefore, it may be charged as a felony or misdemeanor.
Child Endangerment (PC 273a). This offense is defined as willfully causing or allowing a child to suffer, inflicting unjustifiable physical pain or mental suffering , or placing a child in a situation where their health is endangered.
This offense is a wobbler and can be charged as a misdemeanor or felony, depending on the facts of the offense.
Child Abuse (PC 273d). This offense is defined as inflicting corporal punishment or injury upon a child, which is not considered reasonable discipline.
A conviction of this offense can be punished by up to one year in jail or three years in state prison.
Elder Abuse (PC 368). This offense is defined as any act that willfully causes or allows an elder to suffer unjustifiable physical pain or mental suffering.
This offense can be charged as a misdemeanor, which includes up to one year in jail or a felony, which carries up to four years in prison.
Criminal Threats (PC 422). This offense is defined as willfully threatening a current or former spouse, or cohabitant, or anyone you have had a dating relationship, with serious harm, which may be charged as a felony or misdemeanor.
If this offense is charged as a misdemeanor, it carries a term of up to one year in jail. If it is charged as a felony, it carries a penalty of up to four years in prison.
Spousal Abuse (PC 273.5). This offense is defined as willfully inflicting a traumatic condition upon an intimate partner that results slight physical injury.
This offense is a felony, which carries a penalty of one year in jail or up to four years in prison
Stalking (PC 646.9). This offense is defined as the willful harassment or following another person to the point that the person fears for his or her safety or the safety of his or her family.
Stalking is a wobbler. It carries the penalty of up to one year in jail to three years in state prison.
Victims in Domestic Violence Charges are defined as Intimate Partners, such as:
- A current or former spouse
- A current or former cohabitant
- The mother or father of your child
- An individual with whom you have or used to be in an intimate dating relationship.
Our Domestic Attorney in California can help you handle your current charges to obtain favorable results. We can dismiss cases or negotiate to a lesser charge, depending on the facts involved in your case.
Call (424) 239-9586 or complete our Online Contact Form to set up a free consultation with a Los Angeles Domestic Violence Attorney or seek guidance with any other type of criminal matter.