Domestic violence is a severe problem in California since it undermines the welfare of families and puts children in danger. Domestic violence may be domestic battery or domestic abuse. Each has its consequences that can be irreparable, especially for children.
California law provides for the protection of all family members from domestic violence. No one should be a victim of unnecessary physical or psychological injuries since the family should cultivate the morals and values of the children. California domestic violence laws seek to provide punishments for domestic violence and deter heads of households from abusing their moral ascendancy and strength over their own family.
A domestic violence case has severe repercussions on one’s liberty. If you are charged with domestic violence, this can eventually lead to a criminal conviction of imprisonment and hefty fines. The state puts a premium on the welfare of all families in California. Thus, an excellent criminal defense attorney is what you need to defend yourself and readily prove your innocence from criminal charges.
Domestic Violence Defined Under California Law
California law defines domestic violence as any form of abuse committed against a “current or former spouse, cohabitant, fiancée, partner, parent of a child,” and any other person with whom the perpetrator has had a dating or engagement relationship. California domestic violence laws seek to prevent this from occurring in any relationship situation.
Domestic abuse can be physical or nonphysical, such as financial abuse, verbal abuse, and emotional abuse. One should set a clear distinction as to normal fights between spouses and people in a relationship. However, if such fights lead to sudden outbursts, physical injuries, or any other form of abuse, it is best to steer clear of the argument and contact the police.
Domestic violence is a grave issue that affects thousands of people in California each year.
Common Domestic Violence Crimes And Their Corresponding Penalties
California’s domestic violence laws aim to protect the interests and welfare of all family members. Such laws also define and penalize crimes involving domestic violence that pose severe threats and harm to the safety and security of every California household. Domestic violence crimes are frowned upon by our society, and this requires careful prosecution to determine beyond reasonable doubt the guilt of the accused.
Knowledge of domestic violence crimes is essential to know what to charge and the corresponding damages fully. Here are the common domestic violence crimes and their penalties:
PC 243(e)(1) – DOMESTIC VIOLENCE
Domestic violence can be a misdemeanor or felony. A felony domestic violence is defined as violence or threatened violence against a spouse, former spouse, cohabitant, parent of your child, child, current, or a person with previous dating or engagement relationship under California PC 243(e)(1). The law used the word domestic battery since this involves physical harm. The violence can likely cause great bodily injury or an attempt at a violent act. There is no need for the violence to have been accomplished just if it was attempted or threatened to qualify this section of law.
Domestic battery is punished with a fine, not more than $2,000, or by imprisonment in a county jail for not more than one year, or both fine and imprisonment.
PC 273.5 – CORPORAL INJURY TO A SPOUSE OR COHABITANT
Penal Code 273.5 provides for the crime of inflicting corporal injury to a spouse or cohabitant. This is considered a felony with no other conditions to receive a lighter charge. Such injury involves a traumatic condition imposed against the following:
- The spouse or former spouse;
- A cohabitant or former cohabitant;
- Fiance or fiancee; or
- The parent of their common child.
Corporal injury inflicted by the offender is punished with state prison imprisonment of up to four years, a maximum fine of $6,000, or both imprisonment and fine. The traumatic condition referred to in this law is physical injuries, whether external or internal. Strangulation, asphyxiation, and other injuries resulting from physical force against another person can be considered corporal injuries.
PC 273d – CHILD ABUSE
When a child incurs physical injury because of excessive corporal punishment imposed by the parent, then such parent is guilty of child abuse. This crime is frowned upon by the law since physical abuse resulting in bodily injury to the child creates a behavior of violence that can reflect in their adult lives. The formative years are crucial in their development, and impeding this development should be punished.
Child abuse, under California law, is punished with state prison imprisonment of up to six years or a fine of up to $6,000, or both fine and imprisonment. Examples of child abuse include whipping, beating, kicking, inflicting burn injuries on the child, or depriving him of food. A distinction between merely reasonable methods of disciplining a child and physical abuse should be established. What is essential is to provide reasonable methods not to damage the mental, physical, and emotional health of a child.
PC 273a – CHILD ENDANGERMENT
The parents or guardians of children have the responsibility to keep them away from the danger of any harm. As provided under PC 273a, any person who shall put children under circumstances that will cause them bodily harm or death shall be punished. This is not limited to putting them in grave danger because if the person charged with the custody and care of a child causes the latter to be injured or puts them in a situation where their health is endangered, they shall also be punished under PC 273a.
The penalty for child endangerment is county jail imprisonment of not more than one year or imprisonment in a state prison of up to 6 years. The state prioritizes the safety and welfare of all children from irresponsible parents or persons charged with the custody and care of children.
PC 270 – CHILD NEGLECT
Parents have the responsibility to provide support for their children. The support should be in the form of financial or material support for the latter to have a safe and secure upbringing. Clothes, food, and shelter are some of a child’s basic and primary needs. Depriving a child of all these resulting in child neglect can be punished under PC 270 of California Law.
Child neglect is a misdemeanor penalized with a fine of up to $2,000 or imprisonment in a county jail not exceeding one year, or both the fine and imprisonment.
PC 368 – ELDER ABUSE
Adults who have mental and physical conditions that limit them from enjoying their lives fully or properly taking care of themselves can be vulnerable to neglect and abuse. The laws give these elders special consideration and protection since they are weaker than other adults. PC 368 punishes those in charge of the care and custody of elders of elder abuse. Such abuse may be in the form of neglect, intentional use of drugs or alcohol on the elder, physical abuse, sexual abuse, mental abuse, and financial or material exploitation.
Elder abuse is punished with county jail imprisonment of not more than one year, a fine of up to $6,000, or both that fine and imprisonment. Imprisonment in the state prison for two, three, or four years can also be imposed.
PC 422 – CRIMINAL THREATS
Criminal threats are made when one person threatens to commit a crime against another, and these threats pose an imminent danger to the person or their immediate family. According to California laws, criminal threats are made when the threat is conveyed in person, such as verbally or by gesture aimed at putting another person in fear of imminent violence. Another threat is when it is sent to a third party with the same intent and result.
Threatening one’s own family or other persons is punished with county jail imprisonment for not more than one year or imprisonment in state prison.
PC 601 – AGGRAVATED TRESPASS
There is Aggravated Trespass when:
- The offender threatens to cause bodily injury to another person, placing them in a state of reasonable fear; and
- Within 30 days after the said threat:
- Enters without lawful cause into the home or real property adjacent to it of a person who has been threatened and intends to carry out the threat against the person previously threatened; or
- Knowing of the threatened person’s workplace unlawfully enters into the said workplace and locates the threatened person within the workplace premises without lawful purpose and with the intent to execute the threat against the person previously threatened.
The penalty for aggravated trespass is imprisonment in a county jail for not more than one year, a fine of not more than $2,000, or both imprisonment and fine.
PC 591 – DAMAGING A TELEPHONE LINE
Damaging a telephone line can either be a misdemeanor or a felony, depending on the circumstances of the case. This is done with the malicious intent of disrupting, impeding, and interfering with the use of a telephone line. In domestic abuse cases, damaging a telephone line is considered a felony if the offender damages the telephone line to prevent the victims from making a domestic violence call for help. The act of obstructing the telephone line establishes the malicious intent of imposing damages on the victims, which creates the threat of bodily and psychological harm.
The penalties range from imprisonment of up to 16 months or a fine of not more than $1,000.
PC 646.9 – STALKING
An example of stalking is when a person willfully, maliciously, and repeatedly follows or haunts another person. This act of stalking causes a reasonable fear of death or great bodily injury to the person being followed or to that person’s immediate family. It is not necessary that the stalker directly communicate a threat against the person being followed; however, indirect threats are included in this offense. It is crucial to establish a pattern of conduct for this offense; otherwise, it may be difficult to prove.
Stalking is punishable with county jail imprisonment of not more than one year, or by a fine not exceeding $1,000, or by both that fine and imprisonment. If there is an existing restraining order, and the offender violates such order, the penalty can be increased to imprisonment in state prison.
PC 647(j)(4) – REVENGE PORN
The law protects individuals’ right to privacy, especially those involved in intimate relationships. The law provisions do not aim to regulate what couples do in their private lives or relationships. Suppose you are in a relationship and the other partner starts recording videos and taking photos of their sexual activities. In that case, any action that invades their privacy can be considered domestic violence under PC 647(j)(4), otherwise known as revenge porn.
The individual’s consent to have photos or videos recorded of private activities does equate to the right to distribute such materials. This act of distributing or showing intimate materials of a person without their consent is an invasion of privacy and is punishable by law. Revenge porn is even considered a domestic violence case. The penalties range from a county jail imprisonment of up to 6 months or a fine of $1,000.
PC 653.2 – POSTING HARMFUL INFORMATION ON THE INTERNET
PC 653.2 provides the cyberbullying crime of “posting harmful information on the internet.” This offense is committed when the defendant posts information on the internet for other people to see, and it is “harmful” to another person’s reputation or well-being. There is reasonable fear in the person that the information will remain available to the public or be acted upon.
The posting of harmful information can be done through any electronic device such as a computer, tablet, or smartphone. People who post harmful information can be guilty of a misdemeanor or felony. The punishment for this offense ranges from probation to jail time, depending on the severity of the allegation.
Is Domestic Abuse In California A Felony?
Felony domestic violence automatically exists when a corporal injury is inflicted upon the victim as provided under California Penal Code 273.5. This leads to a felony conviction if all the circumstances prove the existence of domestic abuse caused such corporal injuries.
The circumstances surrounding the other domestic violence cases determine whether it is a misdemeanor or felony. As for other crimes such as child endangerment or child abuse, if domestic violence leads to grave or severe injuries, or even death, then it shall be considered a felony. Criminal threats such as drawing a weapon to threaten the life of one’s spouse or partner can be considered a felony.
Potential Consequences Of A Domestic Conviction In California
A domestic abuse conviction has serious consequences involving your rights as a citizen. A conviction can interfere with your right to obtain immigration status for you or members of your family, affect whether or not you are issued a firearm, destroy your professional career, and impact custody issues if involved in a divorce or child custody case.
Regardless if you are charged with a misdemeanor or felony, the following are some of the consequences of a domestic abuse conviction:
- Immigration consequences for non-citizens such as denial of naturalization, denial of status, deportation, or removal;
- Denial of a gun license;
- Forced counseling in some cases through domestic violence programs;
- Loss of employment for certain professions requiring licensure; and
- Domestic violence restraining order.
One should never take a domestic violence case lightly. Consult with a domestic violence attorney to ensure that you won’t suffer these consequences and prove your innocence.
Legal Defenses Against False Domestic Abuse Charges In California
A domestic violence case can sometimes be for the mere purpose of harassment or a false allegation. This harassment is done because of a divorce, child custody disputes, and disputes over property, among others. A simple fight can be perceived as domestic violence, which can be why you are being charged. It is essential to look at the elements of domestic violence and see clearly whether the circumstances of your cases establish beyond reasonable doubt that you are indeed guilty of domestic violence.
In some instances, law enforcement also fails to distinguish between domestic violence and assault. There can also be bias as to the gender of those alleging domestic abuse. Men are frequently the victims of domestic abuse accusations, which is very disheartening in our society today. Anyone can be a victim of domestic abuse, and all have the right to defend themselves.
To give you an assurance that you can defend yourself from these false and harassing domestic violence charges, here is a list of some of the defenses you can allege:
- Accident. This is used where you are charged for acts against the other party that occurred accidentally.
- Self-defense. You can use this if your life or someone else’s is in immediate danger.
- Injuries were not caused by the accused. If the injuries were not caused by the accused, this is a good defense. False accusations can be made by someone who intentionally injured themselves to prove that the other party caused such injury merely.
- Defendant’s criminal record. A clean criminal record can also convince judges of the innocence of an accused. A record of domestic violence charges is a strong indication against you, and it will be challenging to get your not-guilty plea across.
Are You Wrongfully Charged With Domestic Violence Crimes? Contact A Domestic Violence Attorney In California
A domestic violence case should be addressed promptly since it involves serious consequences, and it takes years to recover from all your charges. Your right to defend yourself and prove your innocence from all the false charges should always be upheld. Do not be afraid of seeking legal help from a criminal defense attorney.
Your attorney can help you deal with law enforcement, enforce your constitutional rights, and organize pieces of evidence to debunk the false charges and establish your innocence. Contact us now at Summit Defense for a free consultation. You may reach us by contacting this number: 1-866-440-3806.
Waste no time in defending your rights. Our criminal defense attorneys at Summit Defense are always available to assist you. A California domestic violence case should be acted upon promptly.
