Domestic Violence: What You Need to Know As an Accused in California

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Domestic ViolenceWhat You Need to Know As an
Accused in California

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What Is
Domestic Violence in California?
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Domestic violence can be charged under more than
one statute depending on the severity and type of
injuries
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Corporal Injury on a Spouse, Cohabitant, or
Fellow Parent --
California Penal Code Section 273.5 Any person
who willfully inflicts 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 is guilty of a felony
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Domestic Battery --
California Penal Code Section 243(e)(1)
Battery, defined as any willful and unlawful
use of force or violence upon the person of
another, committed against a spouse, a person
with whom the defendant is cohabiting, a person
who is the parent of the defendant's child,
former spouse, fiancé, or fiancée, or a person
with whom the defendant currently has, or has
previously had, a dating or engagement
relationship
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Sexual Battery --
California Penal Code Section 243.4 -- Any
person who touches an intimate part of another
person while that person is unlawfully restrained
by the accused or an accomplice, and if the
touching is against the will of the person
touched and is for the purpose of sexual arousal,
sexual gratification, or sexual abuse, is guilty
of sexual battery
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Penalties
if Convicted of Domestic Battery
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273.5 -- imprisonment in the state prison for
two, three, or four years, or in a county jail
for not more than one year, or a fine of up to
6,000, or both
243(e)(1) or 243.4 -- imprisonment in a county
jail for a period of not more than one year, a
fine of up to 2,000, or both
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Consequences
of a Domestic Battery Conviction
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Additional consequences of a domestic battery
conviction may include
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Restrictions on visitation/custody with minor
children
Issuance of restraining/protective order
Loss of the right to possess a firearm
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Disqualification for employment
Revocation or denial of professional licensing
Loss of, or denial of, immigration status
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Victim Cannot Drop Charges
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There are a number of potential defenses to a
domestic violence accusation
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However, the alleged victim cannot simply decide
to drop the charges
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Only the prosecuting attorney can make the
decision to drop the charges against you
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LEARN MORE ABOUT DOMESTIC VIOLENECE IN CALIFORNIA
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www.attorneylombardo.com
Content provided by Best Legal Practices