Domestic Violence Lawyer
DOMESTIC VIOLENCE – Penal Code Section 13700
13700 PC Domestic Violence – Defined
Abuse committed against a spouse, former spouse, adult or fully emancipated minor who is the cohabitant or former cohabitant, who has a dating relationship, former dating relationship, engagement relationship, former engagement relationship, or parties having a child in common.
Common Domestic Violence crimes:
Penal Code 273.5 Corporal Injury to a Spouse or Cohabitant — Penal Code 273.5 makes it illegal to inflict a “corporal injury” resulting in a “traumatic condition.” A person commits this crime by striking his/her intimate partner in some violent way and causing a visible injury, even a slight one such as swelling or a bruise. This California domestic violence law can be charged if the alleged victim is a current or former spouse or cohabitant or the parent of your child.
Penal Code 243(e)(1) Domestic Battery — Penal Code 243(e)(1) makes it a misdemeanor crime to inflict force or violence on an intimate partner…a category that includes your fiancé, cohabitant, the parent of your child, or your current or former spouse or dating partner. Unlike Penal Code 273.5, this California domestic violence law does not require a visible injury.
Penal Code 273d Child Abuse — Penal Code 273d makes it a crime to inflict “corporal punishment or injury” on a child if it was “cruel or inhuman” and caused an injury, this includes even a slight injury. In California, the child abuse laws will permit a parent to spank a child, within reason, but does not allow cruel punishment or punishment that result in injury to the child.
Penal Code 273a Child Endangerment — Penal Code 273a makes it a crime to willfully allow a child (in who has been entrusted to a person, is in a person’s care or custody, to be harmed, to suffer or to have that child’s health or safety placed in danger. A common form of Child Endangerment would be a mother who allows a step-father or other person to punish a child to the extent that they cause injury to the child; a parent who turns a blind eye when leaving their child with another person who physically injures causes harm to the child; a parent who permits dangerous illegal activities to be present where a minor child is or resides, i.e., a methamphetamine lab existing in the same home where the child lives.
Penal Code 368 Elder Abuse — Penal Code 368 makes it a crime to inflict physical abuse, emotional abuse, neglect, endangerment or financial fraud on a victim 65 years of age or older. The crime is usually charged against caregivers, but can also be charged against anyone who commits these sorts of offenses against a senior citizen victim.
Penal Code 422 Criminal Threats — Penal Code 422 makes it a crime to communicate a threat of serious harm to someone if (1) you intend to put the person in fear, and (2) you actually do put the person in sustained fear. Criminal Threats may be charged as a misdemeanor or a felony. As a felony, it counts as a strike under California Three Strikes Law.
Penal Code 273.5 A “wobbler,” meaning that it can be charged as either a misdemeanor of a felony. The prosecuting office will consider factors such as the defendant’s criminal history, if any, and the particular circumstances surrounding the incident.
A conviction of Domestic Violence as a misdemeanor may include being sentenced to county jail time for up to one year; assessment of a fine(s) up to $6,000; Restitution to the victim (for medical expenses, etc) up to $5,000 for shelter of the victim. A person can also be ordered to pay for costs of obtaining a restraining order, counseling and/or community service. These terms and conditions will generally typically include at least three years informal probation.
Conviction of a felony Domestic Violence charge results in some combination of the following: State prison time, up to five years (additional prison time if the victim suffered great bodily injury) a possible strike on your criminal record, formal probation (as opposed to informal probation in a misdemeanor filing) court ordered fines for restraining orders, counseling, and community service.
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