Have you been accused of committing an offense against a household or family member? Are you facing a restraining order after an incident involving someone you love or have a relationship with? If so, the consequences could be harsh.
Make sure you have an experienced Anaheim domestic violence defense attorney advocating for you. Domestic violence accusations can be life-changing. A conviction could be worse. Contact our office today for a confidential case review and start working on your defense strategy.
California Domestic Violence Laws
There are many different types of crimes that can encompass domestic violence in the state of California. Any situation involving the attempted use of force, threat of force, or actual use of force against a household member, family member, or someone you have a close relationship with could be considered domestic violence.
Law enforcement officials may arrive at the scene of the crime and attempt to determine who is responsible for the incident. In many cases, they are unable to conduct a thorough investigation and will make impromptu arrests without sufficient evidence to prosecute.
If you have found yourself facing domestic violence charges in Anaheim, it is important that you take steps to defend yourself. If you have been accused of domestic violence, your reputation could be in jeopardy. A domestic violence defense lawyer in Anaheim can help you prepare a powerful defense so you can get back to your life and your family.
Common Types of Domestic Violence Crimes in Anaheim
There are certain crimes that are considered domestic violence offenses. Some of the different types of domestic violence crimes you could be charged with include:
Disobeying a Court Order Under California Penal Code Section 273.6
Disobeying a restraining order, order of protection, or other court order can be considered a misdemeanor or a felony based on the specific details of your case. If you are convicted at the misdemeanor level, you might spend up to one year in county jail. However, if you are found guilty at the felony level, you can spend up to three years in state prison. There must have been a valid court order in place, and you must have intentionally and knowingly violated this order for these charges to apply.
Making Criminal Threats Under California Penal Code Section 422
Making criminal threats means you are accused of intentionally and willfully threatening to commit a crime that would cause severe bodily injury or death. You must have intended for the statements you made to be taken as a threat by the alleged victim. Making criminal threats can be charged as a misdemeanor or a felony. If you are convicted at the felony level, you could spend up to three years in state prison.
Corporal Injury to a Spouse Under California Penal Code Section 273.5
Corporal injury to a spouse can be charged as a Wobbler. You could be facing misdemeanor or felony charges depending on the circumstances of your case. Corporal injury to a spouse involves the willful and intentional infection of a traumatic injury to another. This party must be a household member, family member, friend, or someone else you have or have had a relationship with. The injury does not need to be severe for these charges to apply.
If you are convicted at the misdemeanor level, you can spend up to one year in county jail. If you are convicted of a felony level, you could spend up to four years in state prison.
Dissuading a Witness from Reporting a Crime under California Penal Code Section 591
Dissuading a witness involves attempting to prevent someone from reporting a domestic violence situation to law-enforcement. It can be charged at the misdemeanor or felony level. If convicted at the misdemeanor level, you could spend up to one year in county jail. If convicted at the felony level, you can spend up to three years in state prison.
Battery under California Penal Code Section 242
This is a Wobbler offense, punishable as a misdemeanor or felony. If you are convicted at the misdemeanor level, you would spend up to one year in county jail. Battery involves the use of force against another. For charges to apply in a domestic violence situation, the alleged victim must be someone who you have had or have a relationship with.
Making an Annoying Phone Call Under California Penal Code section 653
This offense is generally considered a misdemeanor. You must have used any type of electronic device to threaten to inflict serious bodily injury to someone else or their property for these charges to apply. If convicted, you could expect to spend as much as six months in jail.
Simple Assault Under California Penal Code Section 240
Simple assault is usually considered a misdemeanor offense, punishable by up to one year in county jail. There does not need to be any actual physical injury to a victim for these charges to apply. You merely must have attempted to commit a serious bodily injury to be charged with simple assault under California law.
What Factors Determine How You Are Charged or Sentenced
There are many factors that will be taken into consideration when the prosecutor determines whether to charge you with a misdemeanor or a felony domestic violence offense. Some of the different factors that may be considered include:
- Your prior criminal history
- Whether a deadly weapon was used
- Whether a child was involved
- Whether drugs or alcohol were involved
- Whether the alleged victim suffered serious bodily injury or death
If the alleged victim only suffered minor injuries, or you are a first-time offender, you may be more likely to face domestic violence charges at the misdemeanor level. However, if you have a criminal record involving several convictions for domestic violence-related offenses, you could reasonably expect to be charged at the felony level.
Speak with a Domestic Violence Defense Attorney in Anaheim Today
Domestic violence charges in Anaheim should always be taken seriously. If you have been charged or expect to face charges for domestic violence or a domestic violence-related offense, take charge of your defense.
Reach out to a dedicated Anaheim domestic violence defense lawyer for help protecting your future. Schedule your confidential case evaluation today by filling out our secure contact form or calling our office.