Domestic Violence - Criminal Defense - PC 273.5 - Domestic Violence Lawyer in California
OVER 26 YEARS EXPERIENCE IN CRIMINAL DEFENSE, PROVEN TRACK RECORD, HIGHLY RATED AND REVIEWED DEFENSE ATTORNEY, FORMER PROSECUTOR
What you think is just an argument can turn into something much more. Who knows what happened? A neighbor may hear raised voices and call the police.
The police arrive and decide an argument happened, so they must arrest someone for domestic violence.
Domestic violence in California carries serious consequences, especially when not addressed immediately. These consequences can be both civil and criminal.
If you are charged with domestic violence in Orange or Los Angeles County, contact a skilled defense attorney.
You have rights, and Attorney Richard Wagner is here to uphold your rights and defend any allegations made against you. Read Richard Wagner's profile. Call (714) 721-4423 to schedule a FREE, PRIVATE CONSULTATION today.
“A family member was facing 5 serious counts against them, one carrying a strike if convicted. Richard worked with the court, judge & prosecution & 2 of the charges were dropped, including the charge that carried the strike. He negotiated a sentence that was much less than expected & took care of everything as the family was not able to attend. He called before the court date to explain the process & hopeful outcome. He called directly after the deal had been made, giving a detailed account of what occurred & how our family member was. His work is impressive and his experience & expertise was top notch.” Anonymous client - Read what others have to say
Domestic Violence in California
Domestic violence refers to various forms of harm in a home relationship. This often happens between spouses, partners, or family members. In some areas, it can also include roommates or other household members.
Examples of behavior that can arise from domestic violence include punching, hitting, slapping, or shoving. However, it could also include other types of abusive behavior. This includes threats of violence, sexual abuse, emotional abuse, and financial abuse.
Domestic Violence, spousal abuse, and domestic battery are charged under California Penal Code Section 273.5. You cannot inflict bodily injury.
If it results in a “traumatic condition.” Upon your wife or husband. Or, on someone you live with – a cohabitant, or a mother or father of one's child.
The law applies to your ex-wife, ex-husband, and former cohabitant.
This crime could be a felony. Also, you risk serious consequences, such as going to county jail or state prison. Plus, paying steep fines of thousands of dollars. Also, just being accused of abusing your spouse or significant other damages your reputation and family life.
State laws define relationships differently and specify various actions needed to prove a domestic violence offense. While state authorities usually prosecute domestic violence offenses, federal legislation on domestic violence exists.
In 1994, Congress passed the Violence Against Women Act (VAWA). This Act and subsequent additions to the Act acknowledge domestic violence as a national crime and provide assistance to overburdened state and local criminal justice systems.
A defendant in a domestic violence case may face different charges. These can include any of the following, for example:
- Assault with a deadly weapon (Penal Code Section 245);
- Battery (Penal Code Section 242);
- Battery of a spouse or cohabitant (Penal Code Section 243(e));
- Criminal Threats (Penal Code Section 422);
- Disturbing the Peace (Penal Code Section 415);
- False imprisonment (Penal Code Section 236);
- Forcible rape (Penal Code Section 261);
- Infliction of injury on a current or former spouse, a current or former cohabitant, or a parent of the offender's child (Penal Code Section 273.5);
- Making annoying telephone calls (Penal Code Section 653m);
- "Revenge porn" or nonconsensual pornography (Penal Code Section 647(j)(4)):
- Sexual battery (Penal Code Section 243.4);
- Stalking (Penal Code Section 646.9);
- Vandalism (Penal Code Section 594);
- Vehicle tampering or joy riding (Penal Code Section 10851); or
- Violation of a protective order (Penal Code Section 273.6).
The following actions are federal crimes under VAWA. This applies if they happen on U.S. maritime or territorial lands. It also applies if the offender crosses state or foreign lines to commit these acts:
- commit or attempt to commit a crime of violence against an intimate partner (18 U.S.C. Section 2261)
- stalk or harass or to stalk or harass by mail or computer (18 U.S.C. Section 2261A)
- violate a qualifying Protection Order (18 U.S.C. Section 2262)
Consequences of Alleged Domestic Violence in California
When someone is charged with domestic violence, the court can issue a criminal protective order (CPO). This order can have different names. It may be called a restraining order, a peaceful contact order, or a no-contact order. The name depends on the court.
Protective orders are often given at your arraignment. This happens before your criminal case is finished. In many cases, it occurs before the criminal process has truly started. In essence, when it comes to domestic violence, you can suffer certain consequences before a judge or jury finds you guilty beyond a reasonable doubt.
When a protective order is issued, it can result in two significant consequences, though there may be other penalties or restrictions imposed:
- It can restrict a defendant's contact with the victim and their children, and
- It can require the defendant to leave the family home.
- A person subject to a protective order or convicted of a domestic violence offense is also prohibited from owning or possessing a firearm under federal law.
Criminal convictions, especially for domestic violence, can affect a defendant's chances of finding work or housing. Potential employers or landlords who run a background check may refuse an applicant with a domestic violence conviction.
Penalties of Domestic Violence or a Related Criminal Conviction in California
Sentencing options exist for domestic violence offenses. Much of it depends on the severity of the allegations and any prior protective orders. Generally, penalties can include, but are not limited to:
- Hefty Fines
- Probation
- Domestic violence treatment or counseling programs
- Imprisonment
- Restitution
- Community Service
- Cal Trans Work
When sentencing an offender for a domestic violence offense, the court will take into account aggravating circumstances, like:
The general objectives of sentencing in a domestic violence case are to:
- Stop the family violence;
- Protect the victim, the children, and other family members;
- Protect the general public
- Hold the batterer accountable
- Provide restitution to the victim
- Rehabilitate the batterer; and
- Uphold the legislative intent to treat domestic violence as a serious crime.
Can Domestic Violence Charges Be Dropped in Orange County?
Domestic violence charges can be dropped. However, they will not be dropped just because the victim no longer wants to press charges. Charges are brought by the state, not by the affected person.
The same is true about the protective order. Even if the victim no longer wants the protective order, the order remains in effect. Anyone with a restraining order must follow it. If they don't, they could face more criminal charges and consequences. Violating a protective order is a serious offense.
Defenses to Domestic Violence Allegations in California
A person can defend against a domestic violence charge in California. However, the specific defenses available to a defendant will depend on the circumstances of their case.
Some common defenses include:
- Self-defense or defense of others: where reasonable force was used to prevent an attack
- Lack of evidence: If the prosecution does not show enough proof for each part of the crime beyond a reasonable doubt.
- False allegations: where the complaining witness has lied about what happened
- Accident: where the defendant unintentionally caused the injury. Some face unfair criminal charges due to false reports. Or exaggerated reports made by others. Studies have shown conflict from economic stress triggers abuse.
With the help of former prosecutor Richard Wagner on your side, you increase your chances of getting your DV charges reduced or dismissed. Allowing you to better protect your reputation, profession, and future.
A conviction for domestic violence can greatly affect many parts of a defendant's life. This includes their relationships, parenting, and job opportunities. Consulting with a domestic violence defense lawyer about any allegations is always in your best interests.
What is Penal Code 273.5?
California Penal Code 273.5 makes it illegal to inflict bodily injury that causes a “traumatic condition” against people with whom you were in a dating relationship. Here are some examples of relationships.
They include:
- co-parent
- fiancé
- fiancée
- someone you have dated
- someone you have been engaged to.
The person you live with does not need to be your husband or wife. The Penal Code 273.5 designates the dad or mom as the natural parent of a child.
California's law regarding Domestic Violence covers ex-girlfriends and boyfriends. The Law Office of Richard Wagner is a Professional Law Corporation with over 26 years of experience in criminal defense.
“Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement, independent of financial considerations.
What is the Statute of Limitations for Penal Code 273.5?
In criminal cases, a statute of limitations is a law that sets the maximum amount of time the prosecution has to file charges.
The prosecution has 5 years from the incident date to commence or file charges for violating Penal Code Section 273.5. The legislature added Penal Code Section 803.7 in 2020, extending the statute of limitations for PC 273.5 to five years.
What is a traumatic condition?
An example of a traumatic condition is a wound or internal or external injury. Even if the traumatic condition is minor, criminal charges under the prosecutor can still file criminal charges under Penal Code Section 273.5.
Domestic violence, spousal abuse, and domestic battery can also be charged under Penal Code Section 243(e). This law makes it illegal to use force or violence against a:
- spouse,
- former spouse,
- cohabitant,
- co-parent,
- fiancé or fiancée, or
- a person with whom you have had or previously had a dating or engagement relationship.
You will typically be charged under Penal Code Section 243(e) if the contact does not cause physical injury.
Is 273.5 A Felony or Misdemeanor?
Anyone found guilty of Penal Code Section 273.5 can face serious penalties. PC 273.5 is a wobbler - punished either as a felony or a misdemeanor.
They may go to California state prison for 2, 3, or 4 years. They could also serve up to 1 year in county jail. A fine of up to $6000 may be imposed. In some cases, both a fine and imprisonment can occur.
A person found guilty of breaking PC 273.5 within 7 years of a past conviction must face punishment. This punishment can be up to 1 year in county jail. It can also be 2, 4, or 5 years in state prison. Additionally, the person may face both jail time and a fine of up to $10,000.
The Law Office of Richard Wagner has helped clients get probation. This is for those convicted under Penal Code Section 273.5. This option is better than the harsh sentences mentioned earlier.
If the court grants probation, you must complete a batterers' treatment program. You also need to pay fines and fees. Additionally, you must do community service and donate to a domestic violence shelter. The donation can be up to five thousand dollars ($5,000).
If you are convicted under Penal Code Section 273.5(a), the court must think about a restraining order. This order can stop you from contacting the victim for up to 10 years.
Additionally, AB 3129 amended California Penal Code 29850, making it illegal for a person convicted on or after January 1, 2019, of a misdemeanor violation of Penal Code Section 273.5 to own, purchase, receive, or possess a firearm. (For convictions before January 1, 2019, it was a 10-year firearm ban.)
Bail for Domestic Violence Cases
You might be eligible to be released on bail or for an own-recognizance (OR) release. In other cases, the judge may detain the defendant without setting bail.
If the defendant gets an OR release, it usually has conditions. These can include GPS monitoring, treatment for substance abuse or mental health, and protective orders. Read more about Bail in California
Contact a Domestic Violence Defense Attorney in Orange County Today
If you've been charged with a domestic violence offense, you should speak to an experienced domestic violence defense attorney at The Law Office of Richard Wagner immediately.
During the free consultaiton, you will give your version of events, assess the strength of the evidence against you, and discuss the defenses available to you. Fill out an online submission form or call (714) 721-4423 to schedule a FREE and PRIVATE CONSULTATION today.
