San Mateo Domestic Violence Attorney

A San Mateo domestic violence conviction will carry dire consequences. This includes jail time, loss of child custody, the imposition of restraining orders, and a lifetime criminal record. Non-citizen convicts will also face immigration issues. Whether you have a green card or H1B, F1, or another visa status, you must consider the implications in criminal court and the dire consequences should Immigration courts become aware of the conviction.

Whether a felony or a misdemeanor, any domestic violence charge must be taken seriously. Technically, even a first misdemeanor offense exposes a defendant to a potential one-year jail sentence, but in reality, that is seldom the result. The real battle, though, is in protecting the clean record and reputation of the defendant. We know that even a first-time conviction can lead to severe consequences and affect your employment prospects and your good name, burden you with a permanent criminal record, impose a restraining order and compromise your immigration status. This is why our objective is the complete dismissal of all charges. Where that is not possible, we are skilled at minimizing consequences to protect your reputation.

San Mateo Domestic Violence Definition

Domestic violence includes misdemeanor or felony crimes of violence done by:

• a former or current spouse or a victim’s intimate partner;
• a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
• someone with who the victim shares a child in common;
• a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies;
• any other person against an adult or youth victim protected from that person’s acts under the jurisdiction’s domestic or family violence laws.

Domestic violence assault charges are severe and can result in a range of consequences, including restraining orders, loss of custody of pets and children, and the loss of your right to own or purchase weapons.

Who Counts As A Victim?

Domestic violence legislation defines “domestic violence” as abuse against an “intimate partner,” who is defined as:

• Spouse (current or former)
• Domestic partner on the books now or in the past
• Fiancé (current or former)
• Live-in or ex-live-in partner
• Anyone who has a child with the accused
• Someone who is currently dating or has previously been dating the accused.

Types Of Domestic Violence Cases And Their Corresponding Penalties In Burlington

Battery, abuse, threats, and neglect are common “domestic violence” offenses in Burlington. Some of these violations are considered misdemeanors, while others are considered felonies.

However, most of these charges are “wobbler” offenses in Burlington. A “wobbler” is a crime that can be prosecuted as a misdemeanor or a felony based on the following factors:

1. The offense’s circumstances
2. The severity of the injuries sustained by the accused victim
3. The criminal history of the defendant.

A. Elder Abuse

Penal Code 368 PC defines elder abuse law in California. It criminalizes the act of inflicting physical and emotional abuse, neglect, endangerment, or financial fraud on a victim 65 years or older. This offense is a “wobbler.” When charged as a misdemeanor, it is punishable by up to 1 year in county jail. As a felony, it is punishable by up to 4 years in state prison.

B. Child Abuse

Per Penal Code 273d PC, inflicting corporal punishment or injury on a kid is illegal in California. Although reasonable spankings are not prohibited in California, any cruel punishment that causes injury to a child is considered child abuse.

A first offense is punishable by a sentence of up to one year in county jail or three years in state prison.

C. Child Endangerment

Penal Code 273a defines child endangerment law in California. It criminalizes a willful act to endanger a child’s safety and health or suffer harm under someone’s care.

D. Revenge Porn

Penal Code 647(j)(4) PC makes posting explicit videos or images of someone online without their consent, which causes emotional distress to the victim.

Revenge porn is punishable by one year in county jail and a $1000 fine or less.

E. Posting Harmful Information on the Internet

Penal Code 653.2 PC makes it a crime to post harmful information on the internet. This crime is also known as indirect electronic harassment and is charged as a misdemeanor with a fine of up to $1000 and up to 1 year in county jail. This crime consists of:

• Emailing or posting harmful info about someone;
• With the intent to cause other people to harass the victim.

F. Criminal Threats

Penal Code 422 PC defines criminal threats law in California. It criminalizes the act of threatening someone with serious harm. This is a wobbler offense so it can be charged as a felony or a misdemeanor. A misdemeanor criminal threat is punishable by up to 1 year in county jail. In contrast, a felony criminal threat is punishable by four years in prison, plus a “strike” on your criminal record.

G. Child Neglect/Failure to Provide Care

Penal Code 270 PC makes it illegal when a parent wilfully neglects to provide for their minor children’s basic needs (such as food, medical treatment, shelter, and so on).

This offense is a misdemeanor. It carries a fine of up to $2,000 and a sentence of up to 1 year in county jail.

H. Corporal Injury to a Spouse or Inhabitant

Penal Code 273.5 PC makes it a crime to inflict a “corporal injury” on an intimate partner, even if the injury is minor.

This offense is a felony. A first violation can result in a sentence ranging from 1 year in county jail to 4 years in California state prison.

I. Domestic Battery

Penal Code 243(e)(1) PC defines domestic violence law in California. It criminalizes the act of inflicting force or violence on an intimate partner. This offense is a misdemeanor. This California domestic violence law, unlike Penal Code 273.5, does not need a visible injury. A fine of up to $2,000 and/or one year in county jail is a possible penalty.

J. Damaging a Telephone Line

Penal Code 591 PC defines damaging a telephone line law in California. It criminalizes the act of cutting or otherwise damaging a phone line or phone equipment. A domestic abuser who prevents their victim from making a phone call is an example.

Penal Code 591 can be charged as a felony or a misdemeanor. When charged with a felony, the convict can face a fine of $10,000 and 3 years in state prison.

K. Aggravated Trespass

Penal Code 601 PC defines the aggravated trespass law in California. When a person makes a criminal threat to someone and enters that person’s home or workplace within the next 30 days to carry it out, they commit “aggravated trespass. This offense can be a misdemeanor or a felony. A felony aggravated trespass is punishable by up to 3 years in county jail.

L. Stalking

Penal Code 646.9 defines the stalking law in California. It makes the act of harassing or threatening someone to the point that it threatens their safety or their family’s safety. Depending on the offender’s criminal history, this offense can be a misdemeanor or a felony. A misdemeanor stalking is punishable by up to 1 year in county jail, and a felony can have up to three (3) years in state prison.