Unfortunately, innocent people get wrongly accused of domestic violence all the time in CA.
Often times, an accuser will make a false allegation of domestic abuse out of anger or envy, or to gain the upper hand in divorce or separation or child custody procedures.
Often what seems to the authorities to be a domestic battery was really an accident, or the arrested person having acted in self-defense during a shared fight.
Whatever the circumstance, our Ca domestic violence attorneys understand how to investigate the facts and present your part of the story in court...to the prosecutor, to the judge and (if the case goes to trial) to the jury.
If we get involved in the case early enough, we may be in a position to present our case to the prosecutors before criminal charges get filed...and convince them not pursue a criminal charge at all.
California Domestic Violence Laws
California domestic violence regulations make it unlawful to utilize real force--or to communicate threats of harm--against an intimate companion. These are the absolute most common domestice violence crimes:
- Penal Code 273.5 pc Corporal Injury to a Spouse or Cohabitant -- Penal Code 273.5 makes it unlawful to cause a "corporal injury" ensuing in a "traumatic condition." an individual commits this crime by hitting his/her intimate partner in some violent method and causing a visible injury, even a minor one such as swelling or a bruise. This California domestic physical violence law can be charged if the alleged victim is a current or previous partner or cohabitant or the parent of your kid.
- Penal Code 243(e)(1) pc Domestic Battery -- Penal Code 243(e)(1) makes it a misdemeanor criminal activity to cause power or violence on a personal partner...a category that includes your fiancè, cohabitant, the moms and dad of your child, or your present or former spouse or dating partner. Unlike Penal Code 273.5, this California domestic physical violence law does maybe not require a visible damage.
- Penal Code 273d pc Child Abuse -- Penal Code 273d makes it a criminal activity to inflict "corporal punishment or injury" on a kid if it had been "cruel or inhuman" and caused a damage (even a slight damage). California kid punishment laws enable a parent reasonable latitude to spank a youngster, but draw the line where the punishment is cruel or injures the kid.
- Penal Code 273a pc Child Endangerment -- Penal Code 273a makes it a crime willfully to enable a kid (in your care or custody) to suffer harm or to have his/her safety or wellness endangered. An example would be a mom who allows her boyfriend to beat her 6-year-old; or a parent who operates a dangerous meth lab in the same house where his/her youngster lives.
- Penal Code 368 pc Elder Abuse - Penal Code 368 makes information technology a criminal activity to inflict real abuse, emotional abuse, neglect, endangerment or monetary fraudulence on a victim 65 many years of age or older. The criminal activity is usually charged against caregivers, but can additionally be charged against anybody whom commits these kinds of offenses against a senior citizen victim.
- Penal Code 422 pc Criminal Threats -- Penal Code 422 makes information technology a crime to communicate a threat of serious damage to someone if (1) you intend to place the person in fear, and (2) you actually do put the person in sustained fear. Criminal Threats may be charged as a misdemeanor or a felony. As a felony, it matters as a hit under Ca Three Strikes Law.
California domestic physical violence laws present a particularly severe issue for immigrants whom are not United States citizens. Many of the Domestic Violence offenses are crimes of moral turpitude and conviction will cause deportation. If you are a non-citizen accused of some sort of domestic abuse crime, it's imperative that you battle the case and avoid a criminal conviction. Otherwise you may possibly lose your opportunity to remain in the United States and eventually to naturalize.
Ca Domestic Violence Penalties & Sentencing
The penalty, discipline and sentencing for crimes under California domestic violence legislation differs depending on (1) the severity of the accidents, if any, and (2) the defendant's criminal record. But many counties enforce a minimal 30 day jail sentence, even for first-time misdemeanor offenders. And judges almost constantly need the defendant to go to a 52-week domestic batterers course.
Worst of all, a Ca domestic physical violence conviction goes on one's permanent criminal record...and will surface anytime someone does a routine history check. This can make it difficult to gain work, state licensing and other advantages.