The law prohibits all forms of violence against people and animals. Violence is a highly punishable offense whose penalties increase if it is committed against someone you have an intimate relationship with. That could include your marriage or domestic partner, parent, child, sibling, people you have had an intimate relationship with, or those related to you by blood or marriage. Domestic violence can take several forms. Thus, you need legal help to understand the legal implications of your charges if you are accused of domestic violence.
At the Law Offices of Anna R. Yum, we handle various domestic violence-related cases. We have the skills and experience you need to successfully navigate the complex legal process. We can help you understand your options and develop the best fighting strategies for you or your loved one in San Diego.
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An Overview of Domestic Violence
Domestic violence is any kind of violence against a close partner or someone closely related to you. As used under this statute, violence means harming or threatening to harm another person. The people covered under this law include the following:
- Spouses
- Cohabitants
- Co-parents
- Intimate or dating partners
Under the law, domestic violence can take several forms, depending on the details of the case and the victim. The most common forms are domestic battery and corporal punishment of a partner. All forms of domestic violence are severe and punishable by lengthy prison or jail time and a hefty court fine. The judge can increase your penalties depending on the seriousness of your case. For example, domestic violence cases involving children and minors have very severe penalties.
Additionally, a conviction for a domestic violence-related charge could result in other life-changing consequences. For example, the judge can issue a restraining order against you to protect the victim. You will also have a damaging criminal record that could continue impacting your life for years. A domestic violence conviction can result in serious immigration consequences. A felony conviction will affect your gun rights.
Thus, seeking legal help right after your arrest is advisable to enjoy a streamlined legal process and develop a solid defense against your chances. You improve your chances of obtaining a favorable outcome for your case when you partner with a skilled criminal defense attorney. Here are some common forms of domestic violence in detail:
Domestic Battery
According to PC 243(e)(1), domestic battery occurs when you willfully touch your close partner in a rude, harmful, or offensive manner. A close partner, in this case, could be any of these people:
- Your former or current spouse
- Former or current engaged partner
- Former or current cohabitant
- The person with whom you have a child
- The person you have or had a romantic relationship with
You are guilty under this statute even when your behavior did not cause the victim to suffer a physical injury. What the prosecutor must demonstrate is that you willingly touched them disrespectfully or angrily.
Typically, the offense is a misdemeanor, resulting in a one-year jail sentence and a maximum fine of $2,000. The judge can sentence you to misdemeanor probation instead of jail. But you will have to abide by strict probation conditions throughout the period. For example, the judge could issue a restraining order to protect the victim. They could also order you to participate in community work, not commit any crime, and join a batterer’s program for at least one year. Additionally, you could be required to pay restitution to the victim to enable them to seek medical treatment and counseling.
If you are a subsequent offender, you must serve at least 48 hours in jail before starting probation. The 48-hour jail sentence is given on top of the penalties under the law for the offense.
Domestic battery also carries severe immigration consequences for the immigrants. A conviction under this statute can result in deportation and/or being marked as inadmissible in the United States. Deportation can still happen even when you are legally living in California.
Inflicting Corporal Injury to a Close Partner
According to PC 273.5, it is unlawful to cause harm through domestic violence to anyone you have or had an intimate relationship with. A close partner can be a spouse, dating partner, cohabitant, or your child’s other parent. The offense is also called spousal battery or domestic abuse. In this case, the prosecutor must demonstrate that your actions caused your former or current partner to sustain a physical injury. Even a slight injury counts as a corporal injury under this statute.
The prosecutor must also demonstrate that the bodily injury the victim sustains results in a traumatic condition. Remember that the extent of the injury is not an issue under this statute. Even a slight injury counts and can result in severe consequences upon conviction. The traumatic condition can be a sprain, concussion, internal bleeding, broken bone, or bruise. Strangulation and suffocation marks also count as injuries. What matters is that the injury caused by your actions resulted in a traumatic condition.
Inflicting a corporal injury on your intimate partner is a wobbler offense. It means that the prosecutor can charge it as a misdemeanor or felony, depending on the facts of your case and your criminal background. If the traumatic condition the victim sustains is not severe, the prosecutor can file misdemeanor charges against you. But if you are a repeat offender and/or the bodily injury to your partner is grave, the prosecutor can file felony charges.
A conviction for a misdemeanor is punishable by a one-year jail sentence and a maximum fine of $6,000. The judge can sentence you to misdemeanor probation instead of jail. If that happens, you will serve your entire sentence out of detention. But probation periods are longer than jail sentences. You could be on probation for up to three years if the judge gives you misdemeanor probation.
Additionally, the judge will give you probation conditions to abide by, including participating in community work, not violating the law, and paying the victim restitution. You must also submit periodic progress reports to the court. If you violate your probation, the judge can revoke it and send you to jail for the required period.
A felony probation is punishable by a maximum of four years in prison and a fine of up to $6,000. You could also be eligible for felony probation, in which case you could serve part of your sentence or your entire sentence out of prison. Felony probation can last up to five years. You will also be given a set of probation conditions to abide by. You will also be under the supervision of the probation department. An officer will be assigned to your case to monitor your progress and report to the judge. If you violate probation, the judge can revoke it and send you to prison for the required period.
Your sentence could be graver if you are a repeat offender and/or the victim suffers a serious physical injury. The judge will give you a heftier sentence if there is a prior conviction on your record for any of these crimes:
- Battering a spouse in violation of PC 243(e)
- Battery or assault resulting in a significant bodily injury in violation of PC 243(d)
- Sexual battery in violation of PC 243.4
- Assault using a dangerous weapon in violation of PC 245
- Battery or assault using caustic chemicals in violation of PC 244
- Assault using a stun gun in violation of PC 244.5
- Corporate injury to a close partner in violation of PC 273.5
Your sentence could include a four-year prison sentence and a court fine of $10,000 if there is a prior conviction on your record for battering your spouse. But a prior conviction for those other offenses could result in a longer prison sentence of up to five years. If your actions caused your intimate partner to sustain a great bodily injury, the judge could sentence you according to PC 12022.7. In this case, they could enhance your sentence to include three to five more years in jail.
Issuing Criminal Threats
According to PC 422, criminal threats are actions meant to intimidate or threaten harm to someone else. Prosecutors determine your intentions and whether the alleged victim suffered fear to demonstrate that you issued a criminal threat. You can still face charges for threatening to harm a person even when you are not specific about the actions you will take against them. That is because a threat can be credible even when not specific.
Criminal threats can take many forms. For example, you can issue threats verbally, in writing, or through electronic communication. The law considers all these forms when prosecuting and convicting offenders. A person who communicates threats through text is as guilty as one who issues threats verbally or on a written piece of paper.
The main element of this offense, which the prosecutor must demonstrate, is that your actions caused the victim to be afraid for their safety or the safety of their loved ones. Their fear must be reasonable, sustained, and actual. The fear should occur because the victim believes you will execute the threat. The victim’s fear must be reasonable and last longer than a moment. However, you do not need the present ability to carry out that threat.
When prosecuting cases with criminal threats, the prosecutor must differentiate between an empty and a conditional threat. For example, a threat to kill the victim or the victim’s loved one if they do not do something (like paying a debt) is a conditional threat. The threat here is pegged to a particular condition. However, the condition does not mean the defendant cannot carry out the threat. This threat is actual, reasonable, and sustained since the defendant is possibly carrying it out. Those elements qualify it as a criminal threat.
An empty threat, on the other hand, is meant to intimidate the victim. But its credibility depends on whether the victim suffered actual fear for their safety or the safety of a loved one. If the victim’s fear is justified, it will not matter whether you intend to carry out the threat.
Issuing criminal threats is also a wobbler offense, which the prosecutor can charge as a misdemeanor or felony. The prosecutor’s decision is usually based on your criminal history, the extent of the victim’s fear, and the likely harm if you carry out the threat.
A misdemeanor conviction could result in the following penalties:
- Misdemeanor probation
- A year in jail
- A court fine of $1,000
A felony conviction could result in the following penalties:
- Felony probation
- A maximum of three years in prison
- $10,000 in court fine
Aggravated circumstances in your case will heighten your sentence. For example, if you had a dangerous weapon, like a gun, when issuing a criminal threat, the judge could increase your prison sentence to one year.
Note: This law protects people and groups against criminal threats. If you threaten a group, the prosecutor will charge you according to every group member you threaten. Thus, you could face separate charges and a heftier penalty for issuing criminal threats to more than one person.
Child Abuse
According to PC 273d, you commit child abuse when you injure or brutally punish a minor. A minor, according to this statute, is any individual below the age of 18. Anything you do that causes them harm can result in child abuse charges and a hefty penalty upon conviction. The law provides elements of the offense that the prosecutor must prove for you to be guilty of child abuse.
For example, the prosecutor must demonstrate that your behavior was willful and resulted in a traumatic condition. You are not guilty under this law unless you are aware and have control over your actions. However, acting willfully does not mean you intend to break the law or harm the victim.
The prosecutor must also demonstrate that your actions caused the victim to suffer a traumatic condition. That refers to any physical injury, whether slight or severe.
Note that this statute does not do away with the parental right to discipline their children. Thus, you are not guilty if you can demonstrate that you only acted the way you did to instill discipline in your child. However, the law requires parents to exercise caution when instilling discipline to avoid using excessive force that could result in child abuse charges.
When prosecuting cases of child abuse, the prosecutor does not have specific actions that constitute abuse. This is an offense you can commit in so many ways. The prosecutor will mainly consider whether your behavior was willful or deliberate and if the victim sustained a traumatic condition. In that case, any action that satisfies the elements of the offense counts, however minor it is. The prosecutor must also demonstrate that you were not disciplining the child then.
Though your previous convictions cannot serve as evidence to support your charges in a child abuse case, the prosecutor can consider them when filing your charges. They can also count as aggravating elements in determining your sentence after conviction. The judge has absolute discretion in determining which and how prior convictions impact your current case. For example, the judge can allow the use of a previous conviction by the prosecution to demonstrate a pattern of behavior. But that can only work if the prior conviction occurred within five years of the current case.
Child abuse is also a wobbler offense; the prosecutor can file felony or misdemeanor charges against you depending on the details of your case and your criminal record. If your actions caused the victim a significant injury, the prosecutor would likely file felony charges against you.
A conviction for a misdemeanor can result in the following penalties:
- One year in jail
- $6,000 in court fines
- Misdemeanor probation
The judge can increase your jail sentence if a prior conviction is on your record for the same offense.
A conviction for a felony can result in the following penalties:
- A maximum of six years in prison
- $6,000 in court fines
- Felony probation
In most cases, judges impose probation as an alternative to incarceration. If the judge sends you to probation, you will serve your sentence for one to five years but out of detention. But, you will receive probation conditions to abide by throughout the probation period. For example, the judge can order you to:
- Pay victim restitution
- Participate in community service
- Complete an anger management program or any other rehabilitation program that could result in changed behavior.
- Submit period reports to the court (misdemeanor probation) or probation officer (felony probation)
- Not to commit a crime while on probation.
- Abide by any restraining or protective order the judge issues
You cannot violate any probation conditions. If you do so, the judge can revoke your probation and send you to jail or prison for the recommended time.
What To Do If You Face Domestic Violence Charges
All forms of domestic violence are severe, with serious repercussions for those convicted. You could spend a long time in jail, pay a hefty court fine, and face other serious consequences if you are found guilty of any domestic violence-related charge. You need legal help right after your arrest to understand your charges and options and how to fight for a fair outcome in court.
It is advisable to hire a skilled criminal attorney immediately after your arrest for domestic violence and related offenses. An experienced attorney will study the details of your case to help you understand how serious your charges are. They will also determine the best legal defense strategies to use in your case for the best possible outcome. With the help of an attorney, you can compel the judge to dismiss or reduce your charges. Here are some of the strategies your attorney can use in your case:
You Are Falsely Accused
False accusations are widespread in domestic violence-related cases. An alleged victim or someone else can accuse you of violence, threats, or abuse to obtain revenge against you, gain an advantage over you, or even for something you did or failed to do. Citing false accusations is insufficient to compel the judge to dismiss your charges. You must demonstrate with evidence and arguments. That is why you need the help of an experienced attorney. An attorney who has handled a similar case will know the right approach to obtain a fair outcome.
You Acted in Self-Defense
You could face domestic violence charges for inflicting an injury on someone close to you in self-defense. It could be that the alleged victim was attacking or was about to attack you or another person, and you had to act quickly to stay safe. Judges accept self-defense as a defense strategy in violence-related cases all the time. But you must demonstrate that you were facing imminent danger and use force against the other person to protect yourself or another person. You must also show that the force you used was reasonable.
Your Actions Were Not Willful
All domestic violence-related cases require you to have willfully committed violence or abuse against someone you have an intimate relationship with. Willful actions are intentional, not accidental. It means you are not guilty if your behavior was spontaneous under this statute. For example, you are not guilty if you accidentally push your wife and she falls down the stairs. If you convince the jury that you did not mean to hurt your wife, the judge can dismiss your charges.
Find an Experienced Criminal Defense Attorney Near Me
Do you or someone you love face domestic violence charges in San Diego?
These serious charges could result in life-changing consequences if you are convicted. Also, the criminal legal system in California is complex and challenging to navigate alone. You need legal help to go through the system and fight your charges in court.
Our team of criminal attorneys at the Law Offices of Anna R. Yum is always willing and ready to take up domestic violence cases. We have extensive experience and the skills to navigate the legal system seamlessly. We also use the best defense strategies to obtain a favorable outcome for our cases. Thus, we can partner with you to protect your rights and devise the best defense strategy for your case. Call us at 619-493-3461 for more information about your charges and our services.