Verbal abuse can be considered domestic violence in some circumstances under California law. Verbal abuse is illegal when it threatens an act of violence. Merely hurting someone’s feelings through words is not enough to make speech illegal.
For example, the court could treat threatening to beat someone if they do not comply with a request as an act of domestic violence. Individuals can face criminal charges if they are convicted of verbal abuse in California.
If you have been accused of this crime and want to know your legal options, speak with a Los Angeles domestic violence defense lawyer immediately. We can work to defend you against accusations of domestic violence because of something you said.
Verbal Abuse Can Be a Criminal Offense in California
Penal Code § 422 covers criminal threats. Verbal abuse can rise to the level of a criminal offense if it meets the standard of this crime. Individuals can face criminal threat charges if they threaten someone with:
- An act of violence
- Physical harm
According to PC 422, these threats can be made orally, in written form, or over electronic devices. If your verbal abuse has a specific threat and a reasonable person believes the threat is credible, then you could be charged with this crime.
You do not have to intend to follow through on the verbal threat to be convicted. Merely making the threat is enough. If you say something abusive in the heat of an argument, it could put you in jail.
For a free legal consultation, call (310) 896-2723
Jail Time for Making Criminal Threats in California
You can go to jail if convicted of making criminal threats in California. Making a criminal threat is a “wobbler.” Wobblers become misdemeanor or felony charges depending on the circumstances of the crime. Convictions for criminal threats can lead to:
- Up to one year in jail for a misdemeanor
- Up to four years in prison for a felony
The court system can also fine you and hand down other penalties if you violate the law through verbal abuse, especially if it reaches the level of a felony. Some of these penalties include:
- Fines
- Suspension of professional licenses
- Job loss
- Lost career opportunities
- Loss of federal student aid and housing
- Temporary loss of voting rights
- Loss of your right to bear arms
- Being required to turn your firearms over to law enforcement
- Completion of community service hours
- Completion of an anger management program
- Completion of a treatment program for drugs or alcohol
- Attendance at mental health counseling or therapy
- Regular meetings with probation officers or court officials
You may also be issued a restraining order. This can force you to stay away from your home, your property, and your family. The consequences of a domestic violence violation, even if it was only verbal, could follow you for the rest of your life.
Verbal Abuse Is a Kind of Domestic Violence
Domestic violence involves acts of abuse against someone living in your home. Many people first think about physical abuse in these cases, but domestic violence can also involve:
- Sexual abuse
- Verbal abuse
- Mental abuse
Additionally, stalking, making threats, or engaging in harassment are all forms of domestic violence. Verbal abuse can involve threatening someone or making promises to harm a close family member.
Does Name-Calling Qualify As Domestic Violence?
Constantly belittling, ridiculing, or humiliating someone through the use of offensive names, slurs or derogatory language creates harm through psychological abuse. This harm could rise to the level of a domestic violence charge.
Occasional name-calling alone may not rise to criminal charges. However, an ongoing pattern of disrespect, degradation, and put-downs intended to damage self-esteem and exert control over a partner would meet the legal definition of abuse.
Prosecutors may pursue charges for severe verbal insulting in the home because of its psychological effects. The chances of someone becoming physically abusive rise when they abuse others with name-calling.
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Defenses for Verbal Abuse and Domestic Violence Allegations
A domestic violence lawyer from our firm can build a defense if you are accused of verbal abuse. There are several approaches we could use to show your words did not reach the level of domestic violence. Members of our team can work to argue that:
- Your threat would not concern a reasonable person
- You didn’t frighten the person you threatened
- You made a threat that was vague and unclear
- You didn’t intend to threaten the person
- The accusation is false
- There isn’t sufficient evidence of verbal abuse
Verbal Abuse Can Fall Under Domestic Violence in California
If you say harsh words to someone in your home that could be considered a threat, you could open yourself up to charges. The Simmrin Law Group can help defend you against such a charge.
If you are accused of domestic violence because of verbal abuse, contact our offices now for a free consultation. You could lose many rights and have your life turned upside down if you’re convicted of this crime. You can reach us by calling or filling out our online contact form.
Call or text (310) 896-2723 or complete a Free Case Evaluation form