California Domestic Violence Laws at a Glance

It is illegal in California to assault or batter another person. If the victim is your current or former spouse, cohabitant, dating partner, or parent of your child, the laws in California treat the allegation much more seriously. Even if the victim recants or doesn’t want to press charges, most prosecutorial offices will still file charges and try to proceed with the case. To avoid the worst penalties of a domestic violence conviction, you will require a skilled attorney. Contact Hunter Legal Group today for your free consultation.

Penal Code 243(e)(1) “Battery on a Spouse or Cohabitant”

PC 243(e)(1) is very similar to the charge of simple battery, however there is one added element the prosecution must prove to convict you on this charge: the battery must have been committed against your current or former intimate partner. Examples of an intimate partner are:

1. Your current or former spouse
2. Your fiancé or fiancée
3. The parent of your child, or
4. Anyone with whom you currently or formerly had a dating relationship

Penal Code 273.5 Corporal Injury on a Spouse, Cohabitant, or Fellow Parent

PC 273.5 makes it a crime to “willfully inflict upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition.” Under California law, a traumatic injury is defined as “a condition of the body, such a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force.”

Wrongfully Accused

As with any crime, a person can be falsely accused of domestic violence. There are a number of reasons someone may be motivated to falsely report domestic violence such as contentious divorce proceedings, custody battles, or complicated relationship dynamics. No matter the situation, Hunter Legal Group is committed to carefully reviewing the facts of every case and working to protect all of your rights.

Penalties

The penalties in domestic violence cases can vary greatly depending on the facts of the case and the defendant’s criminal history. Every domestic violence conviction carries certain mandatory penalties including:

• A $500 fine plus penalties and assessments (which can total to well over triple the amount of the base fine)
• A 52-week Domestic Violence counseling program
• A protective order for the victim
• Loss of California gun rights
• A domestic violence conviction on your permanent record (which can affect your ability to gain employment or be licensed by the state.)
• A probationary sentence

Additionally, the prosecution may try to push for jail time. This can be up to 4 years in state prison if you are convicted of a first-time felony charge of domestic violence.

If you have previously been convicted of domestic violence, sexual assault, or assault with a deadly weapon within the last 7 years, you could be facing up to 5 years in state prison and a $10,000 fine.

For misdemeanors, you could be facing up to a year in county jail in addition to fines.

If you or a loved one is facing a domestic violence charge, contact Hunter Legal Group today at (424) 388-0169 or by filling out the form below.