The two most common charges are:
- Corporal Injury to a Spouse or Cohabitant (Penal Code § 273.5). This charge applies when a person willfully inflicts a physical injury on an intimate partner, and the injury results in a "traumatic condition." A traumatic condition is any wound or internal or external injury, whether minor or serious. This offense is a "wobbler," meaning it can be charged as either a misdemeanor or a felony, depending on the severity of the injuries and the defendant's criminal history.
- Domestic Battery (Penal Code § 243(e)(1)). This is a misdemeanor offense that involves any willful and unlawful use of force or violence against an intimate partner. Unlike PC § 273.5, this charge does not require a visible injury. Any offensive or harmful physical contact can be enough to qualify as domestic battery.
An "intimate partner" is defined broadly under California law and includes a current or former spouse, a cohabitant, a fiancé, a person with whom the defendant has or has had a dating relationship, or the parent of the defendant's child.
Potential Consequences of a Domestic Violence Conviction
In California, law enforcement agencies receive hundreds of thousands of domestic violence-related calls for assistance each year, and prosecutors and judges take these cases very seriously.
A domestic violence conviction in California carries penalties that extend far beyond fines and jail time. The consequences are designed to be long-lasting and can impact nearly every aspect of your life.
Potential consequences include:
- Incarceration. A misdemeanor conviction can result in up to one year in county jail, while a felony conviction can lead to several years in state prison.
- Fines and fees. Fines can range from $1,000 to $6,000, in addition to other court fees and assessments.
- Mandatory batterer's intervention program. Convictions require completion of a 52-week batterer's intervention program.
- Protective orders. The court will issue a protective order, also known as a restraining order, that can prohibit you from contacting or coming within a certain distance of the alleged victim for up to 10 years.
- Loss of firearm rights. A misdemeanor conviction results in a 10-year ban on owning or possessing a firearm. A felony conviction results in a lifetime ban.
- Child custody issues. A conviction can be used against you in family court, potentially affecting your child custody and visitation rights.
- Immigration consequences. For non-citizens, a conviction can lead to deportation, denial of naturalization, or prevent you from re-entering the United States.
Potential Defense Strategies for a Domestic Violence Charge
Every domestic violence case is unique, and the strategy for defending against the charge must be based on the specific facts and evidence.
While every case is different, some potential avenues of defense include:
- False accusations. Unfortunately, false allegations can be made out of anger, jealousy, or to gain an advantage in a child custody or divorce case. I will investigate the accuser’s motives and look for evidence contradicting their claims.
- Self-defense or defense of others. The law allows you to use reasonable force to protect yourself or someone else from imminent harm. If you were defending yourself during the incident, this can be a robust defense.
- The injury was accidental. The prosecution must prove that you acted willfully. If the alleged victim was injured by accident, and there was no criminal intent, it may not meet the legal standard for a domestic violence crime.
- Lack of sufficient evidence. The burden of proof is on the prosecution. I will challenge the evidence they present, including the credibility of witnesses, the reliability of police reports, and whether the alleged injury meets the legal definition of a "traumatic condition."
An immediate and thorough investigation is critical to building a strong defense. At Law Office of Christopher Loethen, I will meticulously review every piece of evidence to identify weaknesses in the prosecution's case.
My goal is to build a comprehensive defense and fight for the best possible outcome for your case. I am prepared to take on the most challenging cases and fight for you.
To discuss your case with a domestic violence attorney in Merced, CA, call (209) 546-6192 or contact me online.
