California Crimes - Domestic Violence

Since the highly publicized O.J. Simpson case, California laws regarding domestic violence have undergone serious changes. District attorney offices are now aggressively prosecuting all reported incidents of Child Abuse, Elder Abuse, Husband Abuse , Spousal Abuse , Willful infliction of bodily injury upon a cohabitant ,Vandalism, or destroying utility line (i.e., ripping a phone) or other instances of violence between spouses or those living together, and prosecuting such crimes even in cases where the alleged victim refuses to press charges or recants initial claims of abuse.  The penalties for domestic violence can range from probation and anger management, or batterer’s treatment counseling programs for first-time offenders, to felony charges and incarceration in state prison or county jail in more severe cases, or where there are reported injuries.

California Penal Code Section 243 (e) (1)  known as “spousal battery”  applies to a simple battery committed against a "spouse, a person with whom the defendant is cohabitating, a person who is the parent of the defendant'' child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating relationship," and makes such batteries punishable up to one year in County Jail, a $2,000.00 fine, or both the fine and imprisonment. This code section does not require the district attorney to establish that the alleged victim had suffered any actual injuries.

Section 273.5 makes it a felony for any person to “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.” The punishment for violation of this statue is imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment. What’s important is that as far as the code is concerned "traumatic condition" means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force.  Therefore, a serious scratch on one’s arm could be considered a “traumatic” injury and expose the defendant to years in prison.

Another restriction that comes along with probation, if granted, is the potential proscription against owning, possessing, or using firearms. This condition could have devastating affects on those whose jobs require the possession of a weapon.

It is also important to note that California Penal Code Section 273.6 makes a misdemeanor punishable by imprisonment in county jail and a fine to knowingly violate a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, fine and imprisonment.  This means that if there is a protective order in place which prohibits one party from contacting the other, violation of such order by a simple phone call could land the violator in county jail.

Attorneys of Criminal Defense Team (www.criminaldefenseteamusa.com)  have handled many domestic violence cases, such as “spousal battery” and “corporal injury” cases in Orange County, Riverside County, San Bernardino County, Los Angeles County and San Diego county criminal courts.  Please call us at (888) 529-2188 for a free consultation with an experienced criminal defense attorney.