The Arrest ReportThe Arrest Report
Highlights in this Issue
What is Domestic Violence?
Interview with Darren Kavinoky
Getting Out of Jail: The Bail Process
Navigating the Criminal Court
Same Sex Domestic Violence
Child Custody and Domestic Violence
Domestic Violence Courts
Types of Domestic Violence Charges
If You are Also Abused
Firearms & Domestic Violence Charges
Domestic Violence and Immigration
Types of Domestic Violence Charges
  Types of Domestic Violence Charges
   
 

Typically, domestic violence charges will consist of violations of Penal Codes §§ 273.5 and/or 242 and 243(e) (These are explained in more detail, below.) However, there are a variety of charges that fall under the category of domestic violence. The consequences of each crime are different.

Legally, the definition of domestic violence is very broad. Even if you don't consider an act “domestic violence,” the police and the legal system may. Listed below are several crimes you could be charged with if you are arrested for domestic violence. If you have been charged with any domestic violence offense, please contact an attorney today to determine how best to handle your situation.

Infliction of Injury. California Penal Code §273.5. If you willfully inflict any injury, no matter how minor, upon the body of an intimate partner, you can be charged with a felony. If convicted, you will face up to four years in prison and a fine of $6,000. This crime can be charged against you even if you barely touch your partner. In fact, you do not have to leave a bruise or draw blood in order to be charged with this crime.

If you were convicted of a domestic violence charge within seven years of this conviction, your punishment can be increased. As a result, you could face up to five years in state prison and a fine of up to $10,000. Battery. California Penal Codes §§242, 243(e)(1).

Domestic Violence LawA battery is “any willful and unlawful use of force or violence upon the person of another.” If you are found guilty of this misdemeanor, you will be subject to a $2,000 fine and up on one year in the county jail.

Unlawful use of force is really any type of force. This means that you could be charged and convicted of this crime even if there are no visible marks and even if your partner doesn’t consider this act a violent act. Any physical act against you partner could fit within the legal definition of battery.

Sexual Battery. California Penal Code §243.4. If you touch an intimate part of another person against the will of that person and the touching is for the purpose of sexual arousal, you are guilty of sexual battery. You can be charged with this crime if you are in a relationship with, or even married to, this person. This crime is a “wobbler,” meaning that you could be charged with either a misdemeanor or a felony. You may face up to four years in state prison and a fine of up to $10,000 if convicted of sexual battery.

Violation of Protective Order. California Penal Code §273.6. If you intentionally violate a protective order of the court, you can be charged with a misdemeanor. You could be punished with a fine of up to $1,000 and imprisonment in the county jail for as long as one year. If this violation of a protective order results in physical injury, you will be punished by a fine of up to $2,000 and a jail sentence for up to one year.

If any court ordered you to stay away from your partner and you disobey that order, you can be charged and convicted with this crime. It does not matter that your partner says it’s OK to come over to the house or for the two of you to resume your relationship. If a judge orders you to stay away, that judge is the only person who can allow you to go back to your partner. Your partner does not have control in this situation. Therefore, if you have been ordered to stay away from your partner, the best thing to do is to hire an attorney who will be able to convince the judge that the order is not warranted.

Intimidating an Intimate Partner or Witness. California Penal Code §136.1. If you attempt to talk someone out of testifying against you or if you try to talk someone out of not pressing charges against you, you can be charged and convicted of this crime. Where these acts are accompanies by force or by a threat of force, you can be charged with a felony that is punished by up to four years in state prison. It is not a defense for this crime that no one was physically injured or actually intimidated. Do not attempt to speak to someone who will be testifying against you. Talk to an attorney and hire him or her to defend you and to determine what, if any, communications are appropriate.

Criminal Threats. California Penal Code §422. You can be charged with a crime if you threaten to kill or inflict great bodily injury even if there’s no intent to actually carry out the act. The threat can be made verbally, in writing or by means of an electronic communication device. The only requirement for this crime is that a reasonable person is fearful for his or her own safety. A criminal threat is a “wobbler,” meaning that you could be prosecuted for either a misdemeanor or a felony.

The form of the threat doesn’t matter. Criminal threats can be punishable if you write the threat, text the threat or call someone and threaten them over the phone. Even if you never intend to carry out the threat, you can still be charged and convicted of this crime.

Stalking. California Penal Code §646.9. If you willfully, maliciously and repeatedly follow or harass or make a credible threat toward another person, you can be charged with stalking as a felony or as a misdemeanor.

You will be charged with a felony if you stalk someone while there is a protective order in place. The punishment for this felony is up to four years in state prison. Additionally, if this is your second stalking conviction and your first stalking conviction was a felony, you can be charged with felony stalking and may be sentenced to up to five years in prison. As if the prison sentence isn’t bad enough, a felony stalking conviction can haunt you for the rest of your life: The court may order you to register as a sex offender.

No matter what charges you are currently facing, a skilled defense attorney can help. There are defenses for every charge. An attorney understands that there are two sides to every story. Your lawyer can help gather evidence and proof for your side of the story. Do not think that these charges are hopeless. Speak with an experienced criminal defense attorney today to learn how you can save your reputation and keep your record clean.