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Types
of Domestic Violence Charges |
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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).
A
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.
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