Domestic violence refers to repeated abusive behavior that is used by one partner to gain control and power over the other partner. It is a serious crime in California and can have serious consequences. Domestic violence can include physical, emotional, sexual, and financial abuse, and it can occur in any relationship, regardless of gender, age, or socioeconomic status.
The California Penal Code lists a variety of offenses that may be classified as domestic violence and prescribes significant penalties for each of these offenses. Our attorneys provide an overview of some common domestic violence offenses in Los Angeles and explain why hiring an attorney can make all the difference in your case.
Domestic violence can mean physical, sexual, emotional, or financial abuse against a spouse or person with whom the abuser maintains an intimate relationship. Physical abuse may include violent behaviors such as hitting, kicking, or choking, while emotional abuse may involve manipulation, intimidation, gaslighting, or constant criticism. Sexual abuse may include unwanted, non-consensual sexual acts, while financial abuse involves controlling a partner's access to money or resources.
The state of California divides domestic violence crimes into a variety of different offenses ranging in severity from misdemeanors to serious felonies. Common domestic violence offenses include corporal injury to a spouse or inhabitant, domestic battery, and child abuse.
In California, corporal injury to a spouse or inhabitant is a serious offense under Penal Code 273.5. This offense occurs when an individual willfully inflicts physical injury upon their spouse or someone they live with, causing a traumatic condition.
Corporal injury to a spouse or inhabitant is typically considered a felony in California, and the penalties can be severe. If convicted, you may face imprisonment in state prison for up to four years, fines of up to $10,000, or both. Additionally, the court may issue a protective order to protect the victim and prevent contact between the offender and the victim.
Domestic battery occurs when one person willfully touches their intimate partner in a harmful or offensive manner, causing an injury that may or may not be visible. While domestic battery is typically a misdemeanor offense, it can still have serious consequences. If convicted, the offender may face up to one year in county jail, fines of up to $2,000, or both.
If the domestic battery incident resulted in serious injuries to the victim, it could be charged as a felony. That means the offender may be looking at up to four years in state prison and a hefty fine of up to $10,000.00.
Under Penal Code 273d, anyone who "willfully causes or permits a child to suffer unjustifiable physical pain or mental suffering" or who "willfully causes or permits a child to be injured" can be charged with child abuse. That includes unreasonable corporal punishment that can be considered cruel or cause injury, such as spanking a child with a hard object in an attempt to discipline the child.
Child abuse is a wobbler offense in the state of California. In other words, it can be a misdemeanor or a felony. If convicted, an offender may be facing severe penalties such as up to six years in state prison and fines of up to $6,000.00.
If you are facing domestic violence offense charges, it is recommended that you seek legal help right away. A domestic violence defense attorney can help you have a clear understanding of your charges and build a strong defense strategy to help you fight back. The Hurwitz Law Group serves clients in Los Angeles and surrounding areas and can help you have better chances of securing a positive outcome for your domestic violence case. Reach out to our law firm by calling 323-310-9677 and requesting a free consultation to discuss your case.