Facing a domestic violence charge in California can be one of the most stressful experiences imaginable. Many people are confused about things like what counts as domestic violence, what the penalties might be, and how these cases are handled in court.
Below are some of the most common questions asked about domestic violence cases under California law.
What Counts as Domestic Violence in California?
Under California law, domestic violence isn’t limited to physical harm.
It can include any abuse or threats of abuse against:
- A current or former spouse
- A romantic partner, whether dating or cohabiting
- A co-parent
- A family member, such as a child or parent
Abuse can mean hitting or striking someone, but it also includes actions like harassment, intimidation, stalking, or destroying property. Threats can also qualify if they place the alleged victim in fear of harm.
What Are the Most Common Domestic Violence Charges?
California law includes several crimes that may be filed as domestic violence, depending on the facts of the case. Common charges include:
- Penal Code § 273.5: Inflicting corporal injury on a spouse or cohabitant
- Penal Code § 243(e)(1): Domestic battery (harm without visible injury)
- Penal Code § 273a: Child endangerment
- Penal Code § 422: Criminal threats
Some of these crimes are “wobblers,” meaning they can be charged as either misdemeanors or felonies. The decision often depends on the severity of the alleged harm and whether the defendant has prior convictions.
What Are the Penalties for Domestic Violence in California?
The consequences of a domestic violence conviction can be harsh. A misdemeanor charge may carry up to one year in county jail and fines, while a felony can lead to several years in state prison.
Judges often impose additional conditions as well, such as:
- Mandatory counseling or batterer’s intervention programs
- Probation or supervised release
- Community service
- Protective orders that limit contact with the alleged victim
Generally speaking, the penalties for a domestic violence conviction are more severe than they would be otherwise.
What Is a Protective Order?
A protective order, also known as a restraining order, is often issued in domestic violence cases. It may prohibit behaviors like contacting the alleged victim or prevent you from owning firearms.
Protective orders can be temporary at first, but if the case continues, judges may extend them for years. Violating a protective order is a separate crime that can lead to additional jail time and fines.
What Defenses Can Be Raised in a Domestic Violence Case?
There are several possible defenses, depending on the unique circumstances involved in your case.
These include, but are not limited to, the following:
- Self-defense: If you acted to protect yourself or someone else from harm.
- False accusations: Unfortunately, domestic disputes can sometimes lead to exaggerated or fabricated claims.
- Lack of evidence: Prosecutors must prove the case beyond a reasonable doubt, which can be difficult if there are no reliable witnesses or injuries.
- Accidental injury: Not every physical contact is intentional or criminal.
Your criminal defense attorney may take numerous steps, like reviewing the evidence against you and conducting an internal investigation, to build the strongest defense possible on your behalf.
Will a Domestic Violence Conviction Stay on My Record?
Yes. A conviction will appear on your criminal record and can have long-term effects. These collateral consequences include difficulty finding housing or employment, in addition to the loss of certain rights.
In some cases, it may be possible to seek an expungement after completing your sentence and probation. However, certain offenses involving violence may not be eligible. A lawyer can explain whether expungement is an option in your case.
How Can a Lawyer Help in a Domestic Violence Case?
Domestic violence cases move quickly, and prosecutors often push for tough penalties. Having a defense attorney is critical.
A lawyer can:
- Examine the state’s evidence for weaknesses
- File motions to exclude illegally obtained evidence
- Represent you at hearings and trial
- Negotiate for reduced charges or alternative sentencing
- Protect your rights in related family law matters, like custody or visitation
The sooner you involve an attorney, the better your chances of building an effective response to your charges.
Contact the San Jose Domestic Violence Defense Attorneys at Ahmed & Sukaram, Criminal Defense Attorneys for Help Today
Domestic violence charges in California are serious, but it’s important to remember that you’re innocent until proven guilty. The state must prove every element of your charges beyond a reasonable doubt, which is the highest burden of proof in the law.
An experienced San Jose domestic violence defence lawyer at Ahmed & Sukaram, Criminal Defense Attorneys can guide you through the process from start to finish and represent you at trial if necessary. Contact us today at (408) 217-8818 to get started with an initial consultation.