Understanding Domestic Violence Charges

In California, domestic violence is legally defined under several statutes, primarily the California Penal Code Sections 243(e)(1) and 273.5. These laws cover a broad spectrum of abusive behaviors committed against specific individuals with whom the accused has a close relationship.

Domestic violence involves abuse committed against:

• A spouse or former spouse
• A cohabitant or former cohabitant
• A person with whom the accused has a child
• A person with whom the accused is or was in a dating or engagement relationship

Abuse is defined as:

• Intentionally or recklessly causing or attempting to cause bodily injury
• Sexual assault
• Placing a person in reasonable apprehension of imminent serious bodily injury to themselves or another
• Engaging in any behavior that has been or could be enjoined pursuant to California Family Code Section 6320 (such as harassment, stalking, threats, and other forms of intimidation)

Types of Offenses Included Under Domestic Violence Charges

Domestic violence charges encompass various types of offenses, each with specific legal definitions and elements. The most common offenses include:

1. Domestic Battery (California Penal Code Section 243(e)(1))

Definition:

Domestic battery involves willful and unlawful use of force or violence upon an intimate partner.

Penalties:

Misdemeanor: Punishable by up to 1 year in county jail, a fine of up to $2,000, or both.

Probation: The court may grant probation, which can include mandatory participation in a batterer’s intervention program.

2. Corporal Injury to a Spouse or Cohabitant (California Penal Code Section 273.5)

Definition:

This offense occurs when an individual inflicts a corporal injury resulting in a traumatic condition upon an intimate partner.

Penalties:

• Wobbler Offense: Can be charged as a misdemeanor or a felony.
• Misdemeanor: Punishable by up to 1 year in county jail.
• Felony: Punishable by 2, 3, or 4 years in state prison.

3. Criminal Threats (California Penal Code Section 422)

Definition:

Criminal threats involve threatening to commit a crime that will result in death or great bodily injury to another person, causing the person to be in sustained fear for their safety.

Penalties:

• Wobbler Offense: Can be charged as a misdemeanor or a felony.
• Misdemeanor: Punishable by up to 1 year in county jail.
• Felony: Punishable by up to 3 years in state prison.

4. Stalking (California Penal Code Section 646.9)

Definition:

Stalking involves willfully, maliciously, and repeatedly following or harassing another person, making a credible threat with the intent to place that person in reasonable fear for their safety or the safety of their family.

Penalties:

• Wobbler Offense: Can be charged as a misdemeanor or a felony.
• Misdemeanor: Punishable by up to 1 year in county jail.
• Felony: Punishable by up to 5 years in state prison.

Penalties Associated with Domestic Violence Charges

The penalties for domestic violence charges in California are severe and can include jail or prison time, fines, probation, mandatory counseling programs, and more. The exact penalties depend on various factors, including the severity of the offense, the defendant’s criminal history, and the circumstances surrounding the case.

Common penalties include:

• Incarceration: Time spent in county jail or state prison.
• Fines: Monetary fines imposed by the court.
• Probation: Conditional release with requirements such as regular check-ins with a probation officer and compliance with court-ordered conditions.
• Batterer’s Intervention Program: Mandatory participation in a counseling program designed to address and prevent abusive behavior.
• Restraining Orders: Court-issued orders that restrict the defendant’s contact with the victim.
• Loss of Gun Rights: Conviction of domestic violence can result in the loss of the right to possess firearms.

Legal Representation and Defense Strategies

Given the complexity and seriousness of domestic violence charges, it is essential to seek experienced legal representation. David Canty, with over 20 years of experience in criminal defense, provides strategic and aggressive defense to protect your rights and achieve the best possible outcome.

Common defense strategies include:

• False Allegations: Demonstrating that the accusations are unfounded or motivated by ulterior motives.
• Lack of Evidence: Challenging the prosecution’s evidence and highlighting inconsistencies or weaknesses.
• Self-Defense: Arguing that the defendant’s actions were necessary to protect themselves from harm.
• Accidental Injury: Proving that the injury was not intentional but resulted from an accident.

👨‍⚖️ Facing domestic violence charges? Protect your rights with an experienced defense. At the Law Office of David Canty, PC, we provide aggressive and strategic representation for clients accused of domestic violence throughout Southern California. With over 20 years of criminal defense experience, David Canty is dedicated to fighting for your rights and providing the strongest possible defense. 🌟 Don’t let these charges define your future—contact us today for a confidential consultation and start building a defense that works for you!