FACING A DOMESTIC VIOLENCE CHARGE?

We bring experience, intimate knowledge of the specific legal process, and a comprehensive approach to lessen the burden and stigma that domestic violence cases can cause to you and your family.

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DOMESTIC VIOLENCE INFORMATION

DOMESTIC VIOLENCE CHARGES & CONSEQUENCES

In order for a crime to be categorized under domestic violence, there must be some type of personal relationship between the victim and the offender. It typically includes a current or former spouse, a romantic partner living in the same residence or who formally resided with the victim, parents and children, current or former household members or two people who have a child together even if they are no longer involved in a romantic relationship together.

California domestic violence laws make it a crime to harm, or threaten to harm, an intimate partner. Common charges include Penal Code 243(e)(1) “Domestic battery / Spousal Battery” and Penal Code 273.5 Domestic Violence. California domestic violence cases can be charged as either a misdemeanor or a felony. In most cases, courts will seek 30 days minimum of county jail time even on a first domestic violence offense. If you are charged with a felony, you can face prison times of up to 3 years in jail, while non-citizens will face deportation to their home country.

Depending on the severity of the crime and status of offenders, domestic violence charges can include the following:

• Mandatory minimum jail time,

• Mandatory participation in a “batterer’s intervention program” (domestic violence classes),

• Payment of fines and/or victim restitution,

• A restraining order (also known as a protective order),

• Loss of custody rights,

• Loss of California gun rights,

• A permanent criminal record, and

• Immigration consequences for non-citizens, such as deportation or inadmissibility to the United States.

LET US HELP

Domestic violence charges can have severe impact on your life, income, and emotional well-being. At the Law Offices of Natalio Pereira, we understand the law and have years of experience in defending domestic violence cases. We will work to reduce your felony to a misdemeanor and minimize your misdemeanor charges. We will work to prevent strikes on your record, loss of your job or future career opportunities, loss of custody, and loss of gun rights.

Domestic Violence legal defenses include the following:

• It was an accident;

• The injuries did not result from the defendant’s actions;

• The defendant acted in self-defense or defense of another person; or

• The victim made a false accusation.

PC 273.5 DOMESTIC VIOLENCE

(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment.

California Penal Code 273.5 is commonly referred to as domestic violence, spousal abuse, spousal battery, or corporal injury.  Penal Code 273.5 makes it a crime to inflict bodily injury on a current or former spouse, a person with whom you live or used to live, or the mother/father of your child.  Under California law, it is not necessary that the alleged victim actually be married to the defendant or that they hold themselves out to the public as husband and wife. Read more about PC 273.5.

PC 243(e)(1) DOMESTIC BATTERY OR SPOUSAL BATTERY

When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship

CA Penal Code 243(e)(1) is commonly referred to as “domestic battery” or “spousal battery”.  It is the most common misdemeanor domestic violence charge in California.  In this section, the domestic violence attorneys from the Law Offices of Natalio Pereira will explain what a “domestic battery” is under Penal Code 243(e)(1), how our domestic violence attorneys can help you defend against these charges, and what the consequences of a conviction might be. Read more about PC 243.