DOMESTIC VIOLENCE – SPOUSAL ABUSE
Domestic Violence Lawyer in California
Domestic Violence or Spousal Abuse is charged under California Penal Code §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 or ex-husband and former cohabitant.
This crime could be a felony. Also, you risk serious consequences, such as county jail or state prison. Plus paying steep fines costing thousands of dollars. Also, just being accused of abusing your spouse or significant other damages your reputation and family life.
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 to get your charges reduced or dismissed. Allowing you to better protect your reputation, profession, and future.
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 relationship. Here are some examples other than wife or husband: co-parent, fiancé, fiancée, or a person with whom you have had or previously had, a dating or engagement relationship.
It is not necessary for the person you live with to be your husband or wife. The dad or mom under Penal Code 273.5 is considered the natural parent of a child. California’s law regarding Domestic Violence covers ex-girlfriends, and your “baby’s mama”. The Law Office of Richard Wagner is a Professional Law Corporation with over 24 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 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 Penal Code Section 273.5 can still be filed by the prosecutor.
Penal Code Section 243(e) makes it illegal to use force or violence against a spouse, former spouse, cohabitant, co-parent, fiancé, fiancée, or a person with whom you have had or previously had, a dating or engagement relationship. You will usually be charged under Penal Code Section 243(e) if the touching or contact does not result in physical injury described above.
Is 273.5 A Felony or Misdemeanor?
Any person found guilty of Penal Code Section 273.5 is punishable by imprisonment in the California state prison for 2, 3, or 4 years or in county jail for not more than 1 year; or by a fine of up to $6000; or by both a fine and imprisonment.
A person convicted of breaking PC 273.5 within 7 years of a previous conviction under Penal Code Section 273.5 or other specified offenses must be punished by imprisonment in a county jail for not more than 1 year; or by imprisonment in state prison for 2, 4, or 5 years; or by both imprisonment and a fine of up to $10,000.
The Law Office of Richard Wagner has negotiated probation for clients convicted under Penal Code Section 273.5 instead of the harsh sentences described above.
If the court grants probation, you must complete what is called a batterers’ treatment program, pay fines and fees; do community service, and make a donation to a domestic violence shelter up to a maximum of five thousand dollars ($5,000).
If you get convicted of Penal Code Section 273.5(a), the court must consider a restraining order banning any contact with 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.)
Contact Former Prosecutor Richard Wagner at 714-403-6317 for a FREE CONSULTATION.