Domestic Violence Charges in California: What You Need to Know 2022

Domestic Violence Charges in California: What You Need to Know

If you have been accused of domestic violence in California, it is important to know the laws that apply to your case. Domestic violence can be a felony or a misdemeanor, depending on the conduct that is being alleged.

In this blog post, we will discuss the different types of domestic violence crimes in California and what you can do if you face allegations of domestic violence.

What is Domestic Violence?

Under California law, domestic violence is “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.” (Penal Code 243(e)(1).

What are the Different Types of Domestic Violence?

Many types of abuse can fall under the domestic violence umbrella, including physical abuse, sexual abuse, emotional abuse, and economic abuse.

If you have been accused of any type of domestic violence, it is crucial to seek legal help as soon as possible.

In California, two penal codes dominate domestic violence: 243(e)(1) and 273.5.

What is Penal Code 243(e)(1) conduct?

Penal Code 243(e)(1) is the Simple Battery against a Spouse, Cohabitant, or Fellow Parent. This Penal Code section is also referred to as “Domestic Battery.”

It is the most straightforward domestic violence section to charge because of the minimum requirements. However, the slightest touching can be enough to commit a battery if done rudely or angrily.

All there needs to be is contact between the defendant and the victim. Making contact with another person can be through their clothing.

The touching can be done indirectly by causing an object or even someone else to touch the victim. The touching does not have to cause pain or injury of any kind. A simple push is enough to be charged under this section.

What Does the District Attorney Have to Prove For the Defendant to Be Found Guilty of Penal Code 243(e)(1)?

To be found guilty of this section, the People (the District Attorney) must prove that:

1. The defendant willfully and unlawfully touched the victim in a harmful or offensive manner;

AND

2. The victim has to be one of the following:
3. The defendant’s current or former spouse, cohabitant, fiancé; OR
4. The person with whom the defendant currently has or previously had a relationship; OR
5. The parent of the defendant’s child.

AND

3. The defendant did not act in self-defense or defense of someone else.

Element number three is only provided if there is enough evidence to prove that the defendant acted in self-defense.

What Does “Willfully” Mean?

Someone commits an act willfully when they do it willingly or on purpose. The law does not require that the defendant intended to break the law, hurt someone else, or even gain any advantage.

What is Penal Code 273.5 conduct?

Penal Code 273.5 is Inflicting Injury on Spouse, Cohabitant, or Fellow Parent Resulting in Traumatic Condition.

To be found guilty of this section, the People (the District Attorney) must prove that:

1. The victim has to be one of the following:
2. The defendant’s current or former spouse, cohabitant, fiancé; OR
3. The person with whom the defendant currently has or previously had a relationship; OR
4. The parent of the defendant’s child.

AND

2. The injury inflicted by the defendant resulted in a traumatic condition.

AND

3. The defendant did not act in self-defense or defense of someone else.

Element number three is only provided if there is enough evidence to prove that the defendant acted in self-defense.

What is a “Traumatic Condition”?

A traumatic condition is a wound or other bodily injury, whether minor or severe, caused by the direct application of physical force.

If the injuries are severe, this crime can be charged as a felony.

What are the Consequences of a Domestic Violence Conviction?

A domestic violence conviction has severe penalties. Not only can you be sentenced to jail or prison time, but you will have to do a minimum of three years of probation, domestic violence cases, fines, and fees, and you will lose your state and federal gun rights.

A domestic violence conviction may have social consequences such as job search and employment difficulty. In addition, your current employment may also be affected.

What Should I Do if I’m Accused of Domestic Violence?

If you or a loved one is facing domestic violence or other criminal charges in court, you need the criminal defense lawyers at ALL Trial Lawyers by your side. The attorneys at ALL Trial Lawyers are trial attorneys with years of experience. They know the law and are not afraid to take your case to trial.

In addition, they have a strong reputation among judges and prosecutors throughout Southern California, which has delivered tremendous victories for their clients.

Our ultimate goal is to provide the best results that can be achieved in your case— whether by way of outright dismissal, a favorable plea bargain deal, or an acquittal of the charges at trial.

With ALL Trial Lawyers by your side, you can rest assured that the criminal team will be giving you their all.

Call (866) 811-4255 right now for your free consultation.

We have an office located near you. We have experience fighting cases in Orange County, Los Angeles County, San Bernardino County, Riverside County, and San Diego County.

If you have been accused or charged with domestic violence, you must speak with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.