California law provides for specific offenses to be applied when it comes to cases of domestic violence. For example, California Penal Code 273.5 (“Corporal Injury on an Intimate Partner) makes it a crime to inflict bodily injury on someone who is your spouse or intimate partner, and it is not treated lightly, as victims often experience long-lasting effects from the trauma of such events. In California, the phrase ‘intimate partner’ may apply to several persons: a spouse, ex-spouse, cohabitant, former cohabitant, a fiancé or ex-fiancé, the parent of your child, or someone you are dating or used to date.
Though lesser charges of domestic violence exist, when serious bodily injury is done to an intimate partner, the violation falls under CA PC 273.5. It is a California ‘wobbler,’ meaning that prosecutors may treat it either as a misdemeanor or as a felony, depending on the facts of the case. While misdemeanor penalties amount to 1 year in county jail and a $6,000 fine, felony consequences are harsher, you could spend up to 4 years in state prison. For the man in the case above, sentencing considerations will surely take into consideration his use of a deadly weapon in the attack; enhancements may apply.
A 61-year-old man has recently been convicted of several felony offenses related to a June 2013 incident in which he stabbed his girlfriend with a screwdriver. Although the victim was able to eventually escape, it was not before he managed to stab her 32 times on her face, neck, stomach, back, and arms. He was taken into custody on charges of felony corporal injury of an intimate partner with a deadly weapon causing great bodily injury, assault with a deadly weapon with great bodily injury, and a DUI.
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Navigating the complexities of criminal law in San Jose can be confusing. Many residents often have questions about their rights, the legal process, and the consequences of a criminal charge. Fortunately, understanding these topics is easier with the correct information. At Summit Defense, our criminal defense lawyers are here to help you. Every criminal offense is […]
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