Domestic violence covers an array of abusive behaviors between intimates, carrying charges tailored to acts committed. In California, domestic violence laws aim to prevent further harm and provide justice for victims. If you face allegations, understand the complex legal landscape and your defense options. This article explores common charges, sentencing guidelines, and resources for victims in California.
Overview of Domestic Violence Laws in California
Domestic violence is defined in California as abuse committed against a cohabitant, a former cohabitant, a person the accused has a child with serious car accident, or a current or past romantic partner. Abuse constitutes intentionally or recklessly causing or attempting to cause bodily injury, placing someone in reasonable fear of imminent bodily harm.
While domestic violence is not a distinct crime under California criminal statutes, many offenses qualify as domestic violence when committed by one intimate partner against another. These can range from misdemeanor simple battery to serious felonies like assault with a deadly weapon.
Prosecutors can also attach sentencing enhancements if the accused inflicted great bodily injury during a domestic violence incident. Thus, determining whether a domestic violence allegation constitutes a misdemeanor or felony depends on:
- The nature of the offense
- Extent of the victim’s injuries, if any
- Defendant’s criminal history
Common Forms of Domestic Violence
Some acts classified as domestic violence in California include:
- Physical abuse – Hitting, slapping, shoving, grabbing, biting, choking, burning, assault with a weapon
- Emotional/psychological abuse – Threats, intimidation, humiliation, controlling behavior
- Sexual abuse – Nonconsensual sexual contact, marital rape
- Financial abuse – Withholding money, preventing employment, controlling finances
- Digital abuse – Tracking devices, spyware, accessing devices without permission
- Reproductive abuse – Interfering with birth control, pressuring pregnancy
- Stalking – Unwanted calls/texts/emails, following/monitoring victim, showing up uninvited
Common Domestic Violence Charges
Charges depend on the criminal act, evidence, and relationship between perpetrator and victim. Common domestic violence charges in California include:
1. Penal Code 273.5 – Corporal Injury on Intimate Partner
This charge covers willful infliction of physical harm like bruising, bleeding, bone fractures against a spouse, cohabitant, dating partner, or coparent resulting in a traumatic condition.
- Misdemeanor – Up to 1 year in county jail and/or fine up to $6,000
- Felony – 2 to 4 years in state prison
Sentencing considers injury severity and criminal history. Strangulation, obstructing breathing, loss of consciousness, or broken bones often lead to felony charges.
2. Penal Code 243(e) – Domestic Battery
Domestic battery involves willful use of force or violence against an intimate partner without severe bodily injury.
- Misdemeanor – Up to 1 year in county jail and/or fine up to $2,000
- Felony (if substantial injury) – 2 to 4 years in prison
3. Penal Code 166 – Violating a Protective Order
Violating a restraining order designed to prevent domestic violence.
- Misdemeanor – Up to 1 year in county jail and/or fine up to $1,000
4. Penal Code 13700 – Criminal Threats
Threatening violence against an intimate partner resulting in sustained fear for safety.
- Misdemeanor – Up to 1 year in county jail
- Felony – Up to 4 years in state prison
5. Penal Code 646.9 – Stalking
Repeated harassing, threatening, or unwanted contact inducing fear.
- Misdemeanor – Up to 1 year in county jail
- Felony – Up to 4 years in state prison
6. Penal Code 236.1 – Human Trafficking
Forcing a partner into labor or commercial sex through coercion, deceit, or duress.
- Felony – 3 to 5 years in state prison and fine up to $150,000
Penalties for Domestic Violence Convictions
Penalties for misdemeanor domestic violence may involve:
- Up to 1 year in county jail
- Fines up to $6,000
- Probation
- Batterer intervention programs
- Restitution to victims
- Protective orders up to 10 years
Felony domestic violence penalties can include:
- 2 to 4 years in state prison
- Fines up to $10,000
- Probation and parole
- Batterer intervention programs
- Restraining orders up to 10 years
Stricter penalties apply for repeat offenses, injury to children, pregnancy, strangulation, and elder/dependent abuse. Judges also consider victim impact and mitigating factors in sentencing.
Collateral Consequences
Beyond criminal penalties, domestic violence convictions can impact:
- Child custody and visitation rights
- Gun ownership – 10 year ban for misdemeanor, lifetime for felony
- Certain professional licenses
- Immigration status – deportation possible
An experienced Sacramento criminal justice attorney can help mitigate penalties and collateral damage to your rights and livelihood.
Defenses Against Domestic Violence Charges
Common defenses in domestic violence cases include:
- Self-defense in domestic violence – Use of force was necessary to protect yourself or others
- No intent to harm – Injury was accidental
- False accusations – Charges based on lies, exaggerations, or misunderstandings
- Mistaken identity – Wrong person accused of committing violence
- Mental incapacity – Defendant lacked requisite mental state
- Violation of rights – Evidence obtained illegally
A domestic violence elderly care attorney can assess available defenses based on the facts of your case. Having an aggressive legal advocate can make all the difference in domestic violence allegations.
Resources for Victims
If you or someone you know suffers domestic abuse, reach out for help:
- Call 911 if you are in immediate danger
- Contact the National Domestic Violence Hotline 800-799-7233
- Find local shelters and advocacy organizations
- Speak with a domestic violence attorney about legal options
- Request emergency protective orders if you fear further abuse
- Create a safety plan and support system in case of escalating violence
- Consider securing counseling, healthcare, housing assistance
You have the right to live free of fear and harm. Support organizations can help escape abuse and build a new life. An attorney can advise you on legal protections available and guide you through the justice process. Don’t hesitate to take action.
Finding the Right Domestic Violence Lawyer
Facing allegations of domestic violence can feel overwhelming. But with an aggressive criminal defense lawyer on your side, you can avoid harsh penalties that tear families apart. Key attorney qualifications include:
- Extensive trial experience with domestic violence cases – Proven track record of positive case results
- Strong relationships with local judges and prosecutors
- Resources to thoroughly investigate and build a winning defense
- Compassion & commitment to protect your rights
At The Nieves Law Firm in Sacramento, our skilled criminal defense attorneys meet these standards. If you’re facing domestic violence charges, take the first step and schedule a free consultation with our legal team today. With extensive experience and relentless advocacy, we can help ensure allegations don’t condemn your future.
