Accused of domestic violence? Call 916-546-8052 for a free consultation.
California makes it illegal to commit an assault or battery against another person. If the victim is your spouse, cohabitant, dating partner, or parent of your child, the laws in California make the allegation far more serious.
Most District Attorney’s Offices will proceed with a domestic violence case even if the victim recants, or doesn’t want to press charges. Additionally, most counties in California impose mandatory jail time, even in first time offenses.
Penal Code Section 243(e)(1) is very similar to the “simple battery” charge. The only added requirement for a violation of section 243(e)(1) is that the battery be committed on someone who is your intimate partner. For the purposes of California law examples of an intimate partner are:
1. Your current or former spouse,
2. Your fiancé or fiancée,
3. The parent of your child, or
4. Anyone you are dating.
Penal Code Section 273.5 makes it a crime to “willfully inflict upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition.”
According to the Penal Code, traumatic injury is defined as “a condition of the body, such a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force.”
Often in domestic violence charges, a person can be falsely accused. The accuser may be trying to get the upper hand in a divorce proceeding, or may have other motivations for accusing someone wrongfully of a crime. No matter the situation, we will examine all the facts of the case to determine the best course of action to protect your rights.
Because of the nature of the case, the penalties in domestic violence cases vary greatly depending on the facts and the defendant’s criminal history. Often the District Attorney’s Office insists on mandatory jail time even for a first time offense. Additionally, the court may order a 52 week batterer’s treatment program regardless of the jail time agreed to by the court.
Worst of all, a conviction for domestic violence goes on a person’s permanent record, which may make it difficult to gain employment or be licensed by the state.
If you or your loved one has been arrested for any domestic violence charge in Sacramento, do not hesitate to contact us at 916-546-8052 immediately to discuss your case. Protect your rights and get the best possible outcome available. Our firm handles these cases all over California, including Sacramento, Yolo, Placer, El Dorado, Sutter, San Joaquin, and Nevada Counties.