Common Domestic Violence Charges In California

» Posted by on Jul 26, 2017 in Employment Lawyer | Comments Off on Common Domestic Violence Charges In California

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Experts say that often domestic violence is as a result of deep rooted emotional distress. Others say it is a reaction to some emotional and heated arguments, however, it is not always the case. At some point, someone feels physically threatened and will call the police. Once police are involved they move to defuse the situation and often this results in someone getting arrested. This article will discuss associated charges linked to first-time offenders of domestic violence and the appropriate penal code reference.

It is often understood that a domestic violence arrest and the charge is associated with the when an argument becomes physical. However, in accordance with California laws, police officers are allowed to arrest a person for very light touching of a boyfriend or girlfriend, wife or husband, the parent of a mutual child, cohabitants or a person with a previous relationship without their consent. If you are charged with the domestic violence first offense this then determines the associated punishment and such punishment can include jail or prison time, counseling, restitution and many other conditions.

Depending on the seriousness of the domestic violence incident you may be charged with a felony for serious incidents or a misdemeanor for less serious incidents. Some domestic violence charges are called ‘wobblers’; this means that such a charge may start as a felony but may be reduced to a misdemeanor by the District Attorney at his or her discretion.

 

Image result for Orange County domestic violence lawyer wikipediaSome common domestic violence charges in California include the following:

• Inflicting injury on a spouse, cohabitant, fellow parent or person the accused dated before. This charge is outlined in Penal Code Section 273.5. This is a wobble charge and can be charged as either a misdemeanor or felony depending on the severity of the injuries afflicted to the victim and the discretion of the District Attorney.


• Committing a battery on a spouse, cohabitant, fellow parent, or person the accused dated before. This charge is outlined in Penal Code Section 243(e). The criminal domestic violence charge is a misdemeanor. This is the least serious and most common of California’s domestic violence criminal charges due to the fact that no injury needs to be suffered by the victim and as such it is a ‘hearsay’ type of crime without an injury as proof. As a result of the nature of the crime, this can be successfully defended by a domestic violence lawyer.


• Penal Code Section 245 outlines the most serious domestic violence charge which is not limited to domestic violence cases. The charge is considered a felony and leads to a stiffer and harsher or enhanced sentencing in the present or future case. However, it is a wobbler and can be reduced to a misdemeanor.

First offence domestic violence punishments can be more severe if one of the parties was injured to the point of needing medical treatment or suffered serious injuries.

If you have been arrested for domestic violence or would like to drop the charges for a domestic violence case, seek out a law firm of renowned Orange County domestic violence lawyer who specializes in domestic violence matters. Attorney Randy Collins is an outstanding domestic violence lawyer with incredible results that we’ve been highly recommending for years.