Domestic Violence

In addition to being embarrassing and emotional, a domestic violence (DV) allegation is a serious matter in the eyes of the law. Due to the social stigma associated with these offenses, individuals may experience feelings of guilt even before a court verdict is reached. However, the truth is that these crimes are common and could occur for several reasons, including false allegations.

For example, your ex-spouse could accuse you of a domestic violence offense, like child neglect, to gain an advantage over you in a child custody legal proceeding after divorce. Regardless of the issues leading to your arrest for an alleged DV offense, you should consult with an attorney for legal guidance and representation in court.

If you are arrested or charged with a DV-related offense, our skilled defense attorneys at CCLG: Los Angeles Criminal Attorney can help fight for a favorable verdict.

An Overview of Domestic Violence Under Penal Code (PC) 13700

According to PC 13700, you commit a DV offense when you recklessly or intentionally cause or attempt to cause physical injury or place another person in reasonable fear for his/her life or safety or that of his/her family members.

It is worth mentioning that any of the following individuals would qualify as an “intimate partner” under this law:

• Your current or former spouse
• Your current or former domestic partner
• The other co-parent of your child
• A former live-in or current live-in romantic partner
• Your current fiancé and ex-fiancé
• Any person you are currently dating or have previously dated

It is important to note that whenever there are custody disputes, the court will also view the following individuals as victims of domestic violence:

• Brothers and sisters
• Stepbrothers and stepsisters
• Children
• Parents
• Nieces and nephews
• Grandparents
• Uncles and aunts
• Any other person you are related to in the second degree by marriage or through blood

While DV offenses usually involve people you know or once trusted, you could find yourself fighting felony or misdemeanor charges when your case goes to court. If you are facing a DV-related offense, hiring a skilled attorney should be your priority to stand a chance of securing a favorable outcome in a criminal justice system that is not on your side.

Criteria Influencing Felony Domestic Violence Charges

The decision on whether to file DV charges as a felony or misdemeanor depends on various factors, including your criminal history, the seriousness of your charge, and the specifics of that incident. Explained below are specific considerations the prosecutor looks at when determining whether to file your unique DV offense as a felony or misdemeanor:

Your History of Abuse and Past Criminal Record

Your past criminal record, particularly for DV-related offenses, could significantly influence your current legal proceedings. When you have a track record of abusive behaviors or related offenses, the prosecutor will likely file your DV charge as a felony due to the perceived risk of re-offending.

Use of a Deadly Weapon

Using a deadly weapon to commit a criminal offense not only increases the risk of severe injuries but also shows a higher level of threat or premeditation. If you used a weapon during the commission of the alleged offense, the prosecutor will likely file the offense as a felony.

Whether the Victim Sustained an Injury

The severity of the injury sustained by the victim will significantly influence how the prosecutor will file the alleged DV offense. DV-related cases that involve severe bodily injury will attract felony charges due to the increased jeopardy to the person’s well-being.

The Victim Was Elderly or a Child

In the eyes of the court, children and the elderly are vulnerable populations in our communities, meaning they deserve extra protection. When the victim of the alleged DV offense is an elderly person or a child, the judge will file the offense as a felony, especially if an injury occurred.

Whether You Violated a Restraining or Protective Order

If you violated a protective order to commit the alleged DV-related offense, the prosecution team will file your offense as a felony, meaning your penalties will be harsher upon conviction.

An Overview of Common DV-Related Crimes You Ought to Know

Briefly described below are some of the common DV-related crimes you could face under the Penal Code:

Corporal injury to a Cohabitant or Spouse

One of the most prevalent DV offenses you could face is corporal injury on a cohabitant or spouse. PC 273.5 makes it illegal to inflict physical injury on a spouse, dating partner, cohabitant, or your child’s parent through any act of domestic violence.

According to PC 273.5, corporal injury to a spouse is a wobbler, meaning the prosecutor could file it as either a misdemeanor or a felony, depending on the facts of your unique case and other factors like your criminal record. When the prosecutor files your offense as a misdemeanor, a conviction will carry a fine amounting to up to $6,000 and a jail term of up to one year.

On the other hand, if your offense qualifies as a felony, you should anticipate the following penalties upon a conviction under PC 273.5:

• A fine not exceeding $6,000
• Two, three, or four years of jail time

Domestic Battery

Domestic battery is another common DV-related offense you ought to know. According to PC 243(e)(1), you commit a domestic battery offense when you use force or violence against any of the following individuals:

• A cohabitant
• Your child’s other parent
• Your former or current spouse, fiancée, fiancé, or a dating partner

Unlike a PC 273.5 charge, the prosecutor does not have to prove the victim sustained a physical injury to secure a conviction against you under PC 243(e)(1). All the court requires for a domestic battery charge conviction is evidence to show that you used violence or force against any of the individuals mentioned above.

When the prosecutor secures a guilty verdict against you under PC 243(e)(1), your penalties will include up to one year of incarceration and a fine not exceeding $2,000.

Child Neglect

Child neglect occurs when a parent willfully fails to provide necessary care, including clothing, medical attention, food, and shelter, without a lawful excuse. In most cases, the prosecutor will file child neglect as a misdemeanor under PC 270, punishable by:

• Up to one year of detention in the county jail
• A fine amounting to up to $2,000

While it is rare, the prosecution team could also file a child neglect offense as a felony, meaning you will receive felony penalties after conviction. That could happen if you failed or neglected your duty to provide care to the child after the court decided you are the parent in a paternity lawsuit. Upon a felony PC 270 charge conviction, your sentence could include:

• A fine not exceeding $2,000
• A county jail sentence of up to one year or one year and one day in the state prison

It is worth noting that the court can convict you under PC 270 even if you were the child’s guardian.

Stalking

The stalking law under PC 646.9 makes it illegal to threaten, harass, or follow another person to the point that he/she fears for his/her safety and life or that of his/her family. According to this statute, stalking could encompass several activities or behaviors, such as:

• Repeatedly sending threatening messages or items to an ex-spouse, causing them to fear for their safety
• Calling your female colleague every night after work hours without a permission invitation to do so and informing her, “She will eventually be your lover whether she likes it or not”
• Sending your next-door neighbor a letter with “take down your fence or else” words on it

Since this offense is a wobbler, you could face felony or misdemeanor penalties after conviction. A felony PC 646.9 violation conviction will carry not more than a five-year jail sentence and a fine amounting to up to $1,000. However, a conviction for a misdemeanor stalking offense will attract the same fine but a shorter jail term of not more than one year.

It is worth noting that a stalking offense will automatically be a felony if any of the following facts are true:

• You violated a protective order issued against you to commit the crime
• You had a past stalking charge conviction, even if the current victim in this new case is different

Elder Abuse

Also known as senior abuse, elder abuse is a crime under PC 368. This statute makes it illegal to inflict any of the following on an elderly person (someone aged 65 years or older):

• Physical abuse
• Emotional abuse
• Neglect
• Financial fraud
• Endangerment

Elder abuse is a wobbler offense that can attract felony charges under the following circumstances:

• The victim sustained significant bodily injury or suffered emotional trauma
• You used a dangerous weapon during the abuse
• You have a conviction history of related or similar crimes

Below are a few examples of acts that could attract elder abuse charges under PC 368:

• Failing to feed a 70-year-old parent who cannot feed himself or herself
• Ridiculing a 90-year-old parent for being wheelchair bound
• Convincing an 80-year-old to make you the sole beneficiary of his/her property in his/her will

After a conviction for an elder abuse offense as a misdemeanor, your penalty could include not more than one year of jail sentence and a fine of up to $6,000. However, if your offense is a felony, a conviction under PC 368 will attract the following penalties:

• A fine amounting to up to $10,000
• Two, three, or four years of detention in the state prison

If your elder abuse offense involves financial fraud, the court will expect you to restitute the victim after conviction.

Child Endangerment

According to PC 273a, it is illegal to willfully cause or allow a child who is under your care to have their safety or health endangered or sustain a bodily injury. For instance, the prosecutor can file child endangerment charges against you under any of the following circumstances:

• You were drunk driving, and you had a child on board
• You allowed your child to stay under the care of a babysitter with a history of abuse
• You refused to seek medical treatment for your sick child
• You placed a dangerous weapon, like a knife or loaded gun, on a shelf that your 7-year-old child can reach

Generally speaking, the prosecution team will file a PC 273a charge as a misdemeanor offense, carrying a fine of not more than $1,000 and a jail sentence of up to one (1) year. However, if there was a higher risk of the child sustaining a significant injury, your offense could become a wobbler. In that case, a felony charge could carry a fine of not more than $10,000 and a jail term of two, four, or six years.

Criminal Threats

PC 422 makes it unlawful to threaten someone with a serious bodily injury or death, making the person sustain reasonable fear for his/her safety. It is worth noting that the prosecutor could file criminal threat charges against you regardless of whether or not:

• You have the physical ability to carry the threat
• You had the intention of executing your threats

Since this offense qualifies as a wobbler, a conviction for a misdemeanor 422 charge will result in a jail sentence of not more than one (1) year and a fine of not more than $1,000. However, for a felony 422 charge conviction, your sentence could include not more than four years of detention in the state prison and a fine of not more than $10,000.

Additionally, a felony criminal threat counts as a strike under the Three Strikes Law, meaning you could face up to twenty-five years behind bars when you accrue three strikes or convictions.

Damaging a Telephone Line

As the name suggests, you commit the crime of damaging telephone lines under PC 591 when you maliciously disconnect or cut phone equipment or a line. For example, after a domestic dispute, you cut the phone lines in the house to discourage the other person (victim) from calling for assistance.

As a felony charge, a PC 591 violation conviction will attract a fine amounting to up to $10,000 and a jail term of not more than three years. On the other hand, a misdemeanor PC 591 violation conviction will attract up to one year of jail sentence and a fine not exceeding $1,000.

Aggravated Trespass

PC 601 defines aggravated trespass as threatening to injure another person and entering their workplace or residence without their consent within thirty days of communicating the threats. For the court to convict you under PC 601, the prosecution team must prove the following:

• You communicated credible threats to the victim either orally or electronically using a phone or laptop
• When you communicated the threats, you had the criminal intent to place the victim in reasonable fear for his/her safety
• You entered the victim’s workplace or home within thirty days of communicating the threats without a lawful reason

Since a PC 601 charge is a wobbler, the prosecutor could file your case as either a felony or a misdemeanor. A felony conviction under this statute will attract the following possible penalties:

• A fine amounting to up to $10,000
• Not more than three years of jail time

However, if the prosecutor files your offense as a misdemeanor, a guilty verdict will attract a fine amounting to up to $1,000 and a jail sentence of up to one year.

Revenge Porn

You commit a revenge porn offense under PC 647(j)(4) when you distribute or post sexual photos or videos of another person without his/her consent with the criminal intent to make that person suffer emotional distress. Below are examples of common acts that could attract revenge porn charges under this statute:

• After a bitter breakup with your ex-girlfriend, you decide to post her naked videos on Facebook
• Recording a person while he/she is engaging in a sexual act and then uploading the video to a pornography site

A conviction under this statute is punishable by:

1. Up to six (6) months of jail sentence
2. Up to $1,000 maximum fine

Other Detrimental Consequences of a Conviction for a DV-Related Offense

Unfortunately, after a conviction for a DV-related offense, you will face other detrimental consequences beyond the hefty fine and jail time. Examples of these consequences include the following:

1. Participation in a Batterer’s Intervention Program

When you are guilty of specific DV-related offenses, like domestic battery under PC 243(e)(1) or spousal battery under 273.5, the court will require you to attend a batterer’s intervention program. That is true regardless of whether the court awards you formal or informal probation instead of jail time. Depending on your unique case particulars, this program could last up to 52 weeks.

2. Permanent Criminal Record

Unfortunately, after a DV-related offense conviction, it will appear on your criminal record. That means anyone who wants to know about your criminal background, including potential employers and licensing agencies, will know about your conviction. That could make it challenging to secure professional licenses or reliable employment.

3. Loss of Your Gun Rights

In many cases, after a conviction for a DV-related offense, you will lose your legal right to own or possess a gun. For some reason, there is also a high chance the court will not reinstate your gun rights after a conviction for a DV-related offense. According to PC 29805, it is unlawful to own or possess a firearm after a conviction of certain misdemeanor crimes, including DV-related offenses, such as:

• Domestic battery
• Stalking
• Corporal injury to a cohabitant or spouse

Conversely, PC 29800 makes it illegal for felons to own, buy, possess, or carry a firearm. Therefore, after a conviction for any DV-related felony offense, like aggravated trespass, you will lose your rights to own and possess a firearm under this statute.

4. Paying Victim Restitution and DV Funds

Depending on the facts of your unique case, the court could also require you to pay restitution to the victim of the crime. That is particularly true if the involved crime involved financial abuse or injury. The restitution the court will order you to pay should cover the victim’s medical bills, lost wages, and counseling costs.

Additionally, the court can require you to pay up to $500 to fund DV-related initiatives.

5. Restraining Orders

The victim of the DV-related offense could also secure a protective or restraining order against you. If issued, the restraining order will prohibit you from visiting or contacting the victim either physically or electronically through social media platforms, texts, or emails. When a restraining order is issued against you, violating the court order could attract criminal charges.

6. Deportation

If you are a non-citizen, a guilty verdict for a DV-related offense could lead to deportation to your home country and increased chances of being inadmissible, meaning you cannot re-enter the country again.

Legal Defenses Your Attorney Could Use to Challenge a DV-Related Charge at Trial

Generally speaking, the legal penalties and associated consequences of a conviction for a DV-related charge can be life-altering. Therefore, you should consult a skilled attorney before entering a guilty plea. Depending on the facts of your case, challenging the offense at trial could be the best option. Below are viable defenses your criminal defense attorney could apply at trial to challenge the alleged offense:

• The injury the victim sustained was a result of an accident
• You are a victim of false allegations
• You were defending yourself, your property, or another person (self-defense)
• The victim’s bodily injuries were not due to your actions or conduct

With proper defense arguments and clear evidence, the court could dismiss or reduce your DV-related charge. Having a seasoned defense attorney represent you in court when charged with a DV-related offense can increase your odds of securing the best possible outcome.

Find a Skilled Criminal Defense Attorney Near Me

The sooner you contact an attorney after an arrest as a suspect in a DV-related offense, the higher your chances of securing the best possible results. We at CCLG: Los Angeles Criminal Attorney comprehend how complicated DV-related laws can be and are ready to help you secure the best possible outcome if you are under investigation or charged with a DV-related offense.

Call us at 323-922-3418 to discuss your unique case with us today.