03 December

Overview of Domestic Violence in California

Domestic Violence in California

The consequences of a domestic violence (DV) conviction can be devastating. Generally, domestic violence charges occur from household disputes that cause harm to one of the parties. What makes this type of charge “domestic” is the relationship between the alleged victim and the accused. California law (Penal Code § 1300) defines “domestic violence” as abuse an “intimate partner.” This includes a wife/husband, boyfriend/girlfriend, domestic partner, or someone the accused has dated in the past. California law also protects others in the household that could be deemed as “victims” of domestic violence. These include: brothers, sisters, uncles, aunts, step-siblings, half-siblings, grandparents, grandchildren and nieces/nephews. Domestic violence does not only include physical harm, but also includes threats and emotional abuse.

If you are facing a domestic violence charge, call Garcia Law Group at 323-419-5175 and schedule your FREE and CONFIDENTIAL consultation!!!

Types of crimes that are deemed Domestic Violence

Most domestic violence crimes are considered “wobblers” in California. A “wobbler” is a crime that can be prosecuted as either a felony or a misdemeanor. Whether the case gets filed as a felony or misdemeanor, it will depend on the facts of the case, the defendant’s prior criminal record, and the seriousness of the injuries to the victim.

Some of the most common types of arrests for domestic violence include:

Domestic Battery, Penal Code § 243(e)(1)

Aggravated Trespass, Penal Code § 601

Child Abuse, Penal Code § 273d

Child Endangerment, Penal Code § 273a

Child Neglect, Penal Code § 368

Corporal Injury to Spouse, Penal Code § 273.5(a)

Criminal Threats, Penal Code § 422

Electronic Cyber Harassment, Penal Code § 653.2

Restraining Order Violation, Penal Code § 273.6

Revenge Porn, Penal Code § 647(j)(4)

Stalking, Penal Code § 646.9

Consequences for a Conviction for Domestic Violence

The consequences for a domestic violence conviction can vary great greatly. This can include jail sentence, prison sentence, restitution, domestic violence classes, therapy, loss of custody rights, and loss of gun rights.

For non-citizens, a domestic violence is considered an “aggravated felony” or a crime involving moral turpitude. This can lead to deportation and/or inadmissibility to the United States. Before pleading to a domestic violence charge, it is important to consult with an attorney.

Garcia Law Group is here to help

The consequences of a domestic violence conviction can also lead to employment and housing difficulties. There are many defenses and legal issues that an experienced criminal defense attorney can bring up to defend your rights.