Can Verbal Abuse Fall Under Domestic Violence?

Verbal Abuse Is a Kind of Domestic Violence

Domestic violence involves acts of abuse. Many people first think about physical abuse. Physical abuse is considered a kind of domestic violence. 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.

Verbal abuse involves more than saying something hurtful. Individuals must make sincere threats to face verbal abuse charges for domestic violence. For example, the court could treat threatening to beat someone if they do not comply with a request as an act of domestic violence.

Our lawyers can tell you more about verbal abuse and domestic violence.

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Verbal Abuse Is a Criminal Offense in California

Individuals can face criminal charges if they are convicted of verbal abuse in California. One charge used by the state is Penal Code § 422: Criminal Threats. Individuals can face PC 422 charges if they threaten someone with:

• An act of violence
• Physical harm

According to PC 422, these threats are not always delivered in person. Individuals can make threats over electronic devices, orally, or in written form. Individuals should only face charges for criminal threats if they make a specific threat.

Additionally, criminal threats must seem threatening to a reasonable person. Finally, making a criminal threat is a crime of intent. This means that individuals can face criminal charges even if they do not intend to harm another person. Making criminal threats is an example of a charge used in many domestic violence cases here in California. However, it can also be used in cases that do not involve domestic violence.

Jail Time for Verbal Abuse in California

Individuals can go to jail if they are convicted of making criminal threats in California. Making a criminal threat is a “wobbler.” Wobblers lead to either misdemeanor or felony charges in California. Convictions can lead to:

• Up to one year in jail for a misdemeanor
• Up to four years in prison for a felony

This means you can face jail time if you are accused of verbal abuse in the state of California. The court system can also fine you and hand down other penalties if you run into conflict with the verbal harassment laws in California.

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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. 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

Our team can work to get charges reduced or dismissed in some situations. We are also ready to support you in court. We can tell you more about how to handle domestic violence charges.

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Services Your Criminal Defense Attorney in California Can Provide

You don’t have to handle your charges and case alone. Instead, you can let one of our firm’s criminal defense attorneys handle it all for you. You’ll be able to focus on other matters, like family, while your attorney manages legal matters for you.

Your attorney can assist you in any situation involving domestic violence charges or other criminal charges. The attorney can assist by:

Communicating With Other Parties on Your Behalf

After being charged with a crime, the authorities and prosecutors can contact and question you. However, you don’t have to communicate with them at all, and you shouldn’t because your responses could be used against you.

You should let a criminal defense attorney from our firm speak with these parties on your behalf. Your attorney can respond in a way that won’t incriminate you or exacerbate your situation.

Investigating Your Situation for You

The charge against you may be invalid or there may be insufficient evidence to prosecute you. Your attorney can scrutinize the charge and evidence against you, looking for issues that could invalidate these things.

Additionally, your attorney can validate your case with evidence of your innocence, such as text messages between you and the accuser, a phone recording, or witness testimony. A statement from a therapist that specializes in domestic violence cases may also support your case.

Determining Your Options

There may be many different legal options available to you if you’re charged with or convicted of a crime. For one, bail may be available to you. Your attorney can help you consider this option and, if you and your attorney agree to bail, request a low bail payment amount for you.

Another option may be a plea bargain. With this option, you’d admit to a lesser charge, such as a misdemeanor over a felony. The lesser charge would come with lighter penalties.

In addition to those options, you and your attorney may want to consider asking the judge for the expunction of your charges. With this option, your criminal charge would be removed or hidden from your criminal record. If your record is otherwise clean, this may be a good option for you.

About Your California Domestic Violence Defense Attorney

If you hire one of our firm’s criminal defense lawyers, your lawyer will fight hard for you. Our firm stands up for the underdog, including someone accused of a domestic violence crime.

Many domestic violence charges are unfounded or unreasonable. In these cases, we push for the charge’s dismissal, an acquittal, or a reduction of the charge. We always fight for a fair outcome, even if it means fighting for a client in court. Since we have many excellent relationships in the legal space, we have many professionals who can assist us with a court case.

Your attorney will be a member of a team with decades of professional experience in California criminal law, including domestic violence law. Our lead attorney and founder, Michael Simmrin, has managed over 100 jury trials and assisted thousands of clients so far. He and his team can assist you, too.

Verbal Abuse Can Fall Under Domestic Violence in California

Some acts of domestic violence involve verbal abuse in California. Simmrin Law Group can help you handle such a charge. Our criminal defense lawyers in California are standing by to help you.

You can reach us by calling or filling out our online contact form. We are ready to answer your questions with a free consultation.