Domestic violence allegations cannot be walked back. Once someone makes domestic violence accusations against you, your entire reputation and future could be on the line. It has never been more important to clear your name and avoid the consequences of a criminal conviction.
Make sure you have an experienced Arcadia domestic violence defense lawyer on your side. Call us for a confidential case evaluation today to find out which defenses may be most appropriate for your case.
California Domestic Violence Laws
Domestic violence laws in California are designed to protect those suffering from abuse at home. However, there are many domestic situations that may not always be easy to understand. In many domestic violence situations, there may be concerns as to whether the allegations in question are legitimate.
Lawn enforcement officers will often make an arrest without taking the time to investigate or determine who was in the wrong. Unfortunately, the vast majority of domestic violence cases result in, at a minimum, an arrest.
For a free legal consultation with a domestic violence defense lawyer serving Arcadia, call (310) 896-2723
When Can You Be Charged with Domestic Violence in Arcadia?
There are many situations in which you could find yourself facing domestic violence accusations in Arcadia. The specific circumstances of your case will determine which type of domestic violence-related crime you are charged with.
For example, if one person sustains even minor visible injuries, The person who caused their injuries could be charged with corporal injury to a spouse, which can be a felony under California Penal Code Section 273.5.
If there were no visible injuries to the alleged victim, the defendant could be charged with domestic battery under California Penal Code §243. This is a misdemeanor, punishable by time in county jail and thousands of dollars in fines.
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Is Domestic Violence a Misdemeanor or a Felony?
Domestic violence crimes are considered wobblers. This is because they can be charged at the misdemeanor or felony level based on the circumstances of your case. When there are aggravating factors present, you could expect the charges to be elevated to the felony level. Some examples of aggravating factors could include:
- The incident occurring on public or school property
- The use of a deadly weapon
- The use of force or violence
- The use of intimidation or threats
- Causing physical bodily injury or harm
Generally, if the alleged victim did not suffer severe injuries or only suffered minor injuries, misdemeanor domestic violence charges will ensue. However, if the alleged victim suffered severe bodily injury, the defendant should expect to be charged with domestic violence at the felony level.
What’s worse, if you have a criminal history, this could be considered a strike under California’s “Three Strikes” Law. This could result in enhanced penalties if you are convicted. You could even be facing life in prison if this is your third strike.
If you have a prior criminal history, you should expect additional jail time, fines, and restitution to be paid to the alleged victim. Furthermore, you could also be ordered to participate in anger management or mental health counseling as part of your sentence.
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Domestic Violence-Related Charges
There are many types of domestic violence-related crimes you could be charged with in Arcadia. Here are some of the more common types of DV charges and corresponding penalties:
Disobeying a Domestic Relations Court Order Under California Penal Code 273.6
This can be charged as a felony if there are prior convictions for domestic violence. Defendants could spend up to three years in state prison if convicted of a felony. These charges often occur when one party is accused of violating the terms of a restraining order.
Corporal Injury to a Spouse under California Penal Code 273.5
Corporal Injury to a spouse can be a misdemeanor or a felony, depending on the circumstances of your case. If convicted of a misdemeanor, you can spend up to one year in county jail. However, if you are convicted of a felony, you could spend up to four years in state prison.
Simple Assault Under California Penal Code 240
Simple assault is generally charged at the misdemeanor level and is punishable by up to one year in county jail. For a simple assault conviction to stick, the prosecutor will need to prove that you attempted to commit or committed a violent injury to another.
Making Annoying Phone Calls Under California Penal Code 653
Using threats to inflict bodily injury to another or their property is grounds for a charge under California Penal Code 653. This is a misdemeanor, punishable by a maximum of six months in county jail.
Battery Under California Penal Code 242
Battery is typically considered a misdemeanor offense when someone uses violence or force against a household member or someone else with whom they have a relationship. If convicted, you can spend up to one year in county jail.
Damage to a Cable Line or Telephone Under California Penal Code 591
This is a Wobbler offense. If you maliciously removed or damaged a cable or telephone line during a domestic violence incident, you could be charged at the misdemeanor or felony level.
If you are convicted of a misdemeanor, you could spend up to one year in county jail. If you are convicted of a felony, you could spend up to three years in state prison.
Making Criminal Threats Under California Penal Code 422
This is a Wobbler offense. If you intentionally threaten to commit a crime that would cause severe bodily injury or death, you could be charged with a misdemeanor or a felony. If you are convicted of making criminal threats at the felony level, you can spend up to three years in state prison.
Dissuading a Witness from Reporting a Crime Under California Penal Code 136
This is a Wobbler offense. If you attempted to prevent an alleged victim or witness from reporting a domestic violence incident to law enforcement, you could be charged with a misdemeanor or a felony. If you are convicted at the misdemeanor level, you could spend up to one year in county jail. If you are convicted at the felony level, you can spend up to three years in state prison.
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Call a Domestic Violence Defense Attorney in Arcadia for Help Today
Domestic violence convictions will follow you for the rest of your life. Take action to protect your future. Get help from a knowledgeable Arcadia domestic violence defense lawyer so you can build a compelling defense to be presented at trial.
Your Arcadia domestic violence defense attorney may be able to work with the state to get the charges against you reduced or dismissed in limited circumstances. Learn more about your potential options when you contact us for a confidential review of the domestic violence charges against you.
Call or text (310) 896-2723 or complete a Free Case Evaluation form