Domestic violence is a serious issue in California and across the US. Domestic violence is defined as physical assault, battery, sexual assault, willful intimidation, and other abusive actions that are patterns of control and power used by one partner against the other.
How serious is the problem in California? Consider these statistics:
- 35% of California women and 31% of men experience domestic violence.
- There were 166,800 domestic violence-related calls in 2018 to California law enforcement. Also, many other domestic violence incidents were probably unreported.
- Domestic violence homicides were 10.7% of all homicides in California in 2018.
- By the end of 2019, California submitted 12,500 domestic violence convictions to the NICS Index.
Also, one out of three women and one out of four men have been victims of physical violence by their partner. If you are a victim of domestic violence, there is help available. If you have been accused of domestic violence, you should contact an experienced criminal defense attorney in Los Angeles for assistance.
More About Domestic Violence In California
Domestic abuse in California is covered under Penal Code 273.5. It includes spousal battery, corporal injury to a partner, and spousal abuse. All of these are referred to as domestic violence, but they have different punishments.
Corporal Injury To A Spouse Or Cohabitant
You could be charged with this crime if the inflicted injuries led to a ‘traumatic condition.’ this means a wound or injury. For example, even a slight bruise on the forearm is a traumatic condition under the statute. However, this does not include emotional stress. The Los Angeles prosecutor must prove you intended to harm the victim.
Spousal Battery
The penal; code defines the battery of a spouse as unlawful and willful use of violence on a cohabitant or partner. The victim does not have to have a visible injury for this charge.
What Are The Penalties For California Domestic Violence?
If you are convicted of felony domestic violence, you can receive up to four years in California state prison. The length of your sentence could be longer if there were severe injuries. You also must attend domestic violence classes. If you were convicted for other acts of domestic violence before, you might receive up to five years in prison and a $10,000 fine.
If you are convicted of domestic battery, you could receive a fine of $2,000 and a one-year county jail sentence.
Either outcome is a serious matter and requires the help of a Los Angeles criminal defense attorney.
California Domestic Violence Defenses
An experienced Los Angeles criminal defense attorney may use one or more of these defenses against your domestic violence charges:
Lack of Intent
The Los Angeles prosecutor must show you intended to harm an intimate partner or did not commit the crime. For example, you might have had an argument with your spouse and pushed her. As a result, she fell and hit her head. While she suffered a concussion, you did not intend it to happen.
False Accusation
It isn’t unusual for someone to make false domestic violence accusations. A spouse could be angry or jealous and say you did something you didn’t do. It is not difficult for someone to injure themselves and accuse someone else of domestic violence. An experienced Los Angeles criminal defense attorney could argue the domestic violence allegation was fabricated.
Self-Defense
In many violent crimes, the defendant claims self-defense. This means the person claims they had to use force to protect themselves from imminent harm. However, to prove self-defense, you must prove the following:
- You reasonably believed you or another person was in danger of serious harm or offensive touching.
- You reasonably believed that you needed to use physical force to protect yourself from harm.
- You did not use more force than needed when you defended yourself.
If you claim self-defense in a domestic violence case, your Los Angeles criminal defense attorney will do their best to prove it.
Lack of Evidence
If the alleged victim has obvious injuries, proving domestic violence might be relatively easy. However, if there were no obvious injuries and no witnesses, a lack of evidence could be a possible defense.
Contact A Los Angeles Criminal Defense Attorney Today
Being of domestic violence in Los Angeles is serious. You could receive jail time, fines, and lose the right to visit your children. You may also have a permanent criminal record that limits your ability to work, attend school, and more. However, our experienced Los Angeles criminal defense lawyers at The Law Offices of David S. Chesley can help you. Contact our Los Angeles domestic violence attorneys today at 800-755-5174.
