Los Angeles Domestic Violence Defense Attorneys

Domestic Violence Law in California

California establishes and enforces a number of domestic violence laws. Although there are many different statutes relating to domestic violence, one of the most common charges, as well as one of the primary domestic violence laws in California, is California Penal Code § 273.5.

How Does California Penal Code 273.5 Apply to My Domestic Violence Case?

PC 273.5 – infliction of corporal injury upon a spouse or cohabitant – is also referred to as domestic battery or domestic abuse and is typically the most common domestic violence allegation.

As defined by the statute, a person will be charged with this form of domestic violence if they inflict “corporal injury resulting in a traumatic condition” against any of the following parties:

• A current or former spouse;
• A current or former cohabitant;
• Current or former fiancé/fiancée;
• Someone the accused has dated or is currently dating; or
• The mother or father of their child

There are also other individuals that can be counted as domestic violence victims if they are related to the defendant by blood or marriage and harmed by the accused, such as grandparents, grandchildren, or siblings.

Prosecutors will be required to prove that an individual charged with this offense willfully inflicted injury upon one of the aforementioned parties and that the injury resulted in a “traumatic condition.” PC 273.5 defines a “traumatic condition” as any external or internal injury arising from the use of physical force.

Is California Penal Code 273.5 a Felony or a Misdemeanor?

Depending on the circumstances surrounding a case, this charge may be prosecuted as either a misdemeanor or felony. When determining the severity of a charge, prosecutors will primarily focus on an individual’s criminal record, particularly any prior domestic violence convictions, and the extent of the alleged victim’s injuries.

Examples of Charges Related to Domestic Violence

Domestic violence can cover a very broad range of acts against a victim, including:

• Assault and battery
• Child abuse and endangerment
• Elder abuse
• Stalking
• Criminal threats
• Trespassing
• Revenge porn and cyber harassment
• Damaging a phone line

All accusations of domestic violence should be taken seriously, even if you feel the charges are minor because your accuser did not sustain injuries. A domestic violence conviction can have the ability to jeopardize your reputation and future.

What Are the Potential Penalties for a Domestic Violence Conviction in Los Angeles?

Domestic violence is a charge that has far-reaching consequences. Not only can a violation of § 273.5 of the California Penal Code warrant criminal charges and penalties, it can affect your ability to see your family and loved ones.

The severity of domestic violence penalties depends largely on the factors involved in your case. For example, domestic violence is sometimes charged as a misdemeanor while other times it is classified as a felony.

Misdemeanor penalties can include:

• 3 years’ probation
• Max. 1 year in jail
• Max. $6k fine for a first offense
• Max. $10k fine for any conviction within seven years of a prior
• Protective/restraining orders

Felony penalties can include:

• Lengthy probation
• Up to four years in state prison
• Five years or more in prison (if aggravating factors exist)
• A strike on your record per California’s three-strikes law
• Loss of gun rights

Domestic violence charges can also have profound social and personal ramifications, including damage to relationships with family, friends, and colleagues, as well as reputational harm. Furthermore, individuals accused of domestic violence may face negative effects on their employment, professional licensure, and educational opportunities.

Additionally, domestic violence cases often involve emotional distress for all parties involved, including children who may witness or be directly affected by the violence. The stigma associated with domestic violence allegations can linger long after legal proceedings are resolved, potentially impacting future relationships and opportunities.

What To Do If a Restraining Order is Filed Against You

Legal Defenses Against Domestic Violence Charges

A legal defense is a strategy employed by the defendant in a legal proceeding to counter the allegations brought against them. Legal defenses aim to challenge or mitigate the prosecution’s case, thereby reducing or eliminating the defendant’s liability for the alleged offense.

Domestic violence cases pose numerous difficulties to both the defense and the prosecution. To simplify matters, the most important thing to remember is that prosecutors have the burden of establishing proof that you willfully inflicted harm upon a spouse, cohabitant, or the mother or father of your child.

Some common defenses to domestic violence include:

• Self-Defense: This defense asserts that the accused’s actions were taken to protect themselves from harm. The defendant may argue that they reasonably believed they were in imminent danger of physical harm from the alleged victim and that their use of force was necessary to defend themselves.
• Defense of Others: Similar to self-defense, this defense contends that the defendant acted to protect another person from harm. The defendant may argue that they intervened to prevent the alleged victim from harming themselves or someone else.
• False Accusation: The defendant may claim that they have been wrongly accused of domestic violence. This defense typically involves presenting evidence to challenge the credibility or motives of the accuser, such as inconsistencies in their statements or evidence of bias.
• Lack of Evidence: If the prosecution fails to present sufficient evidence to prove the defendant’s guilt beyond a reasonable doubt, the defense may argue that there is insufficient evidence to support a conviction.
• Alibi: An alibi defense asserts that the defendant was elsewhere at the time the alleged offense occurred and therefore could not have committed the act in question. The defense may present evidence, such as witness testimony or documentation, to support the defendant’s whereabouts during the relevant time period.

Given the fact that domestic violence cases are steeped in emotion and the complexities of family relationships, our criminal attorneys in Los Angeles take a proactive approach to handling your case by conducting our own investigations into the circumstances surrounding your arrest and allegations.

By securing the supporting evidence needed to disprove the prosecution’s case, we can fight to reduce your risks of suffering the most crippling criminal penalties. We know that clients facing domestic violence charges have much at stake and we are aware that a conviction can threaten their freedom, reputation, and future. This being the case, our legal team leaves no stone unturned when handling your defense and fighting aggressively on your behalf at every stage of your legal journey.

Contact Lessem, Newstat & Tooson, LLP Today for Tough Defense!