what is someone looking at for their first criminal damage to property and domestic abuse charge

Updated February seven, 2022

California domestic violence laws make it a criminal offense to harm (or threaten to harm) a current or former spouse, cohabitant, co-parent, dating or intimate partner. In some cases, the list of protected persons includes parents, children, and relatives.

Common criminal charges include:

• Penal Code 243(e)(1) "domestic battery" and
• Penal Code 273.5, "inflicting corporal injury on an intimate partner."

Consequences of a domestic violence conviction in California

In addition to penalty by a jail or prison house sentence, the consequences of a California domestic violence conviction can include:

• Mandatory minimum jail fourth dimension,
• Mandatory participation in a "batterer's intervention programme" (domestic violence classes),
• Payment of fines and/or victim restitution,

• A restraining order (also known as a protective gild),
• 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 U.s..

Almost of these consequences apply even if the defendant is sentenced to:

• "Summary" (misdemeanor) probation, or
• "Formal" (felony) probation.

Defending California domestic violence charges

Our California domestic violence lawyers can assist people fight back. Legal defenses to these charges include showing that:

• It was an accident;
• The injuries did non event from the defendant'due south actions;
• The defendant acted in self-defense or defense force of another person; or
• The victim made a imitation accusation.

Sometimes nosotros tin convince the district attorney not to pursue a criminal instance at all. Or we tin can negotiate a favorable plea bargain to a lesser charge.

And if what our client needs is help, nosotros practise our best to encounter that he or she gets handling instead of jail time.

In this commodity, our California criminal defense force lawyers will discuss:

• 1. What is the legal definition of "domestic violence" in California?
• 2. Who counts as a victim of domestic violence under California constabulary?
  • ii.ane. For purposes of California's criminal domestic violence laws
  • 2.2 For purposes of custody disputes
• 3. What are the common California domestic violence crimes and penalties?
  • iii.ane. Penal Code 273.five, corporal injury to a spouse or inhabitant
  • three.ii. Penal Lawmaking 243(east)(1), domestic bombardment
  • 3.3. Penal Code 273d, child abuse
  • iii.4. Penal Lawmaking 273a, child endangerment
  • 3.5. Penal Lawmaking 270, child neglect/failure to provide intendance
  • three.6. Penal Code 368, elder corruption
  • 3.7. Penal Code 422, criminal threats
  • 3.8. Penal Lawmaking 646.9, stalking
  • 3.9. Penal Code 591, damaging a telephone line
  • 3.10. Penal Code 601, aggravated trespass
  • 3.11. Penal Code 647(j)(4), revenge porn
  • 3.12. Penal Code 653.2, posting harmful information on the internet
• 4. Is domestic abuse a felony?
• 5. When can a accused in a domestic violence case receive probation instead of jail time?
• half dozen. What are additional consequences of a California domestic violence confidence?
  • six.i. Mandatory minimum jail time
  • 6.2. Payment of victim restitution & domestic violence fund
  • six.3. Participation in a "batterers' program"
  • 6.4. Permanent criminal record
  • 6.v. Loss of custody rights
  • half-dozen.6. Loss of gun rights
    • 6.6.one. After a misdemeanor conviction
    • half dozen.half dozen.ii. Later a felony conviction
    • 6.half dozen.3. Tin a pardon or expungement restore gun rights after a domestic violence conviction?
  • 6.7. Restraining orders
  • 6.8. Immigration consequences
• 7. What are the defenses to California domestic violence charges?
  • 7.ane. Legal defence strategies
  • vii.2. Plea bargains to bottom charges
  • 7.3. Pre-trial diversion
• 8. How can a California domestic violence lawyer assist?
• 9. What are resource for domestic violence victims?

Common California domestic violence offenses include Penal Code 273.five, corporal injury on a spouse, and Penal Lawmaking 243(e)(1), domestic battery

1. What is the legal definition of "domestic violence" in California?

California Penal Lawmaking 13700 defines "domestic violence" equally abuse committed against an intimate partner.¹  A person commits "abuse" when he or she intentionally or recklessly uses, or threatens the apply of, physical force against an intimate partner. ^two

2. Who counts equally a victim?

2.i. For purposes of criminal police

California domestic violence laws define "domestic violence" as abuse against an "intimate partner." An "intimate partner" is defined as:

• A electric current or former spouse,
• A current or former registered domestic partner,³
• A current or quondam fiancé(e),
• A electric current or former live-in romantic partner (a "cohabitant"),⁴
• A person with whom the accused has, or has had, a child, or
• Someone the accused is seriously dating or was in a dating human relationship with in the past.⁵

2.2. For purposes of custody disputes

The California Family Code has a longer list of people who can be considered victims of domestic violence. In addition to partners in an intimate human relationship, victims tin can include:

• The accused'southward child,⁶ or
• Any other person related by to the defendant by consanguinity (blood) or affinity (marriage) within the second degree, including:
  • Brothers and sisters,
  • One-half-brothers and one-half-sisters,
  • Step-brothers and step-sisters,
  • Grandparents,
  • Grandchildren,
  • Aunts and uncles, and
  • Nephews and nieces.⁷

These additional categories are important for purposes of California custody laws, discussed in Section v.5, below.

iii. What are the common domestic violence crimes and penalties?

Common crimes of "domestic violence" in California include battery, abuse, threats, and neglect. Some of these offenses are misdemeanors. Others are felonies.

Simply most of these crimes are California "wobbler" offenses. A "wobbler" is a law-breaking that can be charged every bit either a misdemeanor or a felony, depending on:

• The circumstances of the offense,
• The seriousness of the alleged victim's injuries (if any), and
• The defendant'due south criminal record (if any).^eight

(For more give-and-take, see our page on Is domestic violence a felony?)

Some of the most common crimes of domestic violence are discussed in brief, below. For more than data on each of these offenses, please click on the highlighted link(s).

3.1. Penal Code 273.five, corporal injury to a spouse or inhabitant

Penal Code 273.5 makes it illegal to inflict a "corporal injury" that results in even a slight physical injury to an intimate partner.

PC 273.5 is a felony. Possible penalties for a first law-breaking range from i (i) yr in county jail to upwards to four (4) years in California state prison.

3.2. Penal Code 243(e)(one), domestic battery

Penal Code 243(e)(1) – California'due south domestic bombardment law — makes it a misdemeanor to inflict force or violence on an intimate partner. Unlike Penal Lawmaking 273.5, this California domestic violence constabulary does non crave a visible injury.

Domestic battery is a misdemeanor. Punishment tin include a fine of up to $ii,000, and/or up to one (1) yr in county jail.

iii.3. Penal Code 273d, child abuse

Penal Code 273d PC California's "child abuse" law, makes it a crime to inflict corporal punishment or injury on a kid. Reasonable spankings are excluded, but whatsoever punishment that is cruel or causes injury is considered child corruption in California.

A get-go offense for child abuse can be punished past upward to one (one) yr in county jail or up to three (3) years in state prison.

Hitting a child with a hangar is not a "reasonable spanking" nether California's child abuse laws

iii.4. Penal Lawmaking 273a, child endangerment

Penal Code 273a PC California'southward child endangerment police force, makes information technology a law-breaking to willfully allow a child in 1's intendance to:

• Endure damage, or
• Have his/her safety or health endangered.

Examples:

• A mother who permits her boyfriend to trounce her six-year-old, or
• A parent who operates a unsafe meth lab in the same abode where his/her child lives.

If the child is at risk of great bodily injury, the crime is a "wobbler."⁹

Otherwise, kid endangerment is a misdemeanor, punishable by up to half dozen (half-dozen) months in jail.

3.five. Penal Code 270, child neglect/failure to provide care

California's "child neglect" police force, Penal Code 270 PC, makes it a crime for a parent to willfully fail to provide necessities (like food, shelter, medical intendance, etc.) to his or her minor child.

Child fail is a misdemeanor. Information technology tin be punished by a fine of upward to $2,000 and/or upwardly to one (one) year in county jail.

3.half-dozen. Penal Lawmaking 368, elder abuse

Penal Code 368 PC, California's law on elder corruption, makes information technology a "wobbler" to inflict any of the following on a victim 65 years of historic period or older:

• Physical abuse,
• Emotional abuse,
• Neglect,
• Endangerment, or
• Financial fraud.

As a misdemeanor elderberry abuse tin can be punished by up to one (1) year in jail. Equally a felony, elderberry corruption penalties can include upward to four (4) years in country prison.

Abuse of a senior citizen is a California criminal offense of domestic violence that tin bear upon custody rights

3.7. Penal Code 422, criminal threats

California'south "criminal threats" law, Penal Lawmaking 422 PC, makes information technology a crime to threaten someone with serious impairment. PC 422 may be charged as a misdemeanor or a felony.

As a misdemeanor, criminal threats can exist punished by up to ane (1) yr in jail.

As a felony, potential penalties tin include up to four (4) years in prison. Plus, a felony conviction counts every bit a strike nether California'due south "Three Strikes" constabulary.

iii.8. Penal Lawmaking 646.nine, stalking

Penal Code 646.9, California'southward "stalking" law, prohibits:

• Harassing or threatening some other person,
• To the bespeak at which the person fears for his/her safety or the safety of his/her family members.

Stalking tin can exist a misdemeanor or a felony, depending on the defendant'southward criminal history.

Misdemeanor stalking can be punished by upwards to 1 (i) year in jail. Every bit a felony, stalking penalties can include up to three (3) years in prison

3.nine. Penal Lawmaking 591, damaging a telephone line

Penal Lawmaking 591 PC is California'southward law on damaging a telephone line. It makes information technology a criminal offense to cut or otherwise impairment a phone line or phone equipment. An example is a domestic abuser who prevents his/her victim from making a telephone call.

PC 591 tin be charged as a misdemeanor or a felony. If charged equally a felony, penalties can include a fine of up to $10,000 and/or upward to three (three) years in prison.

3.10. Penal Code 601, aggravated trespass

Someone commits Penal Code 601 PC "aggravated trespass" when he or she:

1. Makes a criminal threat, and
2. Within the side by side xxx days enters that person's domicile or workplace to acquit it out.

Aggravated trespass can be either a misdemeanor or a felony. Penalisation for a felony violation can include upward to three (iii) years in jail.

3.11. Penal Code 647(j)(iv), revenge porn

The misdemeanor criminal offense of "revenge porn" — PC 647(j)(4) — is a type of "cyber-harassment." Information technology occurs when someone:

• Intentionally distributes sexual photos of another person (such equally an ex-girlfriend or ex-wife),
• With the intent to cause that person emotional distress.

Revenge porn can be punished past a fine of up to $ane,000 and upwardly to one (1) year in county jail.

three.12. Penal Code 653.2, posting harmful data on the internet

PC 653.2 – posting harmful info on the internet – is a relatively new misdemeanor criminal offence. Also known as "indirect electronic harassment," it consists of:

• Posting or emailing harmful information almost someone,
• With the intent of causing other people to harass that person.

PC 653.2 is often charged when someone uses the net to go revenge on the other party in a domestic dispute.

It tin can be punished by a fine of upwardly to $1,000 and/or up to ane (ane) year in jail.

4. Is domestic abuse a felony?

One blazon of domestic abuse is always a felony in California: Corporal injury to a spouse or inhabitant (PC 273.5). The following domestic abuse-related offenses tin can be felonies or misdemeanors depending on the case. These "wobbler" offenses include:

• Kid abuse (PC 273d)
• Kid endangerment (PC 273a)
• Elder abuse (PC 368)
• Criminal threats (PC 422)
• Stalking (PC 646.ix)
• Damaging a telephone line (PC 591)
• Aggravated trespass (PC 601)

Scroll up to the previous department for specific penalties for these crimes.

v. When tin a defendant in a domestic violence case receive probation instead of jail time?

A gauge may be willing to sentence a domestic abuser to probation if:

• Information technology is the defendant's kickoff offense, or
• The victim'due south injuries are not significant.

Probation is more likely when the case is prosecuted as a misdemeanor. This is considering felony charges are typically brought only when the victim suffers a significant injury.

And even if the judge sentences the defendant to probation, many of the consequences listed below will still apply.

Merely, the accused will be sentenced to a minimum of jail time. In substitution, he or she will be subject field to weather condition, such every bit the ones set forth in Section vi, below.

If the defendant violates probation conditions, the judge can revoke probation and send the accused to prison or jail.

half dozen. What are boosted consequences of a California domestic violence conviction?

A conviction for bombardment or corruption ofttimes results in more than just incarceration and a fine. Additional consequences of a California domestic violence conviction can include some or all of the post-obit:

vi.one. Mandatory minimum jail time

Most California counties impose a minimum jail judgement of 30 days for a domestic violence confidence. This is true fifty-fifty if the accuse is a misdemeanor and it is the accused's first offense.

half dozen.2. Payment of victim restitution & domestic violence fund

Someone convicted of domestic violence may be ordered to pay victim "restitution" in California. Such restitution can include the victim's:

• Medical bills,
• Mental health counseling,
• Lost wages, and/or
• Holding damage.[27]

The defendant will also have to pay $500 to fund domestic violence programs in California.^ten

half-dozen.three. Participation in a "batterers' program"

Judges near always crave bedevilled batterers to attend a twelvemonth-long handling and counseling plan. ^eleven

This is true even if the defendant is sentenced to "summary" (misdemeanor) probation or "formal" (felony) probation in lieu of all or part of a defendant's judgement.

6.four. Permanent criminal record

Perhaps worst of all is that a DV conviction goes on the defendant's permanent criminal record.

The conviction volition appear anytime someone does a routine groundwork cheque. This tin go far hard to gain employment, state licensing, housing or other benefits.

6.5. Loss of custody rights

Domestic abusers are commonly prohibited from getting custody of their minor children in California. But they are still often able to obtain visitation rights.

Notation that for purposes of determining custody, a criminal conviction is not required for a family unit police force judge to determine in that location was domestic violence.

But a approximate will definitely determine in that location was domestic violence if ane parent was convicted of a criminal offense of domestic violence against the other parent within the previous five years. Meet Family Code Section 3044.

Consequences of a California domestic violence conviction tin include a loss of custody rights

6.6. Loss of gun rights

A California domestic violence conviction will almost always result in a loss of the right to own or possess a firearm.

Unfortunately, for the reasons set up forth below, in that location is no manner to recover lost gun rights after a domestic violence conviction.

six.6.1. After a misdemeanor conviction

Nether California Penal Code 29805, about misdemeanor DV convictions upshot in a x-year firearms ban. A misdemeanor conviction of violating Penal Code 273.v PC (corporal injury on a spouse or cohabitant) will carry a lifetime loss of gun rights. Run into California AB 3129.¹²

But if the offense is one that qualifies as a misdemeanor crime of domestic violence ("MCDV") under federal law, a conviction will result in a firearm ban for life.^xiii

six.6.ii. After a felony conviction

Penal Lawmaking 29800 PC is California's "felon with a firearm" police force. It imposes a lifetime firearms ban on people who have been bedevilled of a felony criminal offence in any state or country.

So if you are convicted of DV every bit a felony, both California and federal law prohibit you from ever legally possessing a gun.¹⁴

six.half dozen.3. Can a pardon or expungement restore gun rights later a domestic violence conviction?

Federal law imposes a lifetime firearms ban after a domestic violence conviction.^fifteen  The simply way to remove the federal firearms ban is with a Presidential pardon. But such pardons are seldom granted.

To learn how to use for a presidential pardon, please see the United states of america Section of Justice pardon information and instructions.

6.vii. Restraining orders

California law allows a victim of domestic violence to utilize for an emergency restraining gild (likewise known every bit an "emergency protective order"). ¹⁶

A DV restraining order can exist obtained in either ceremonious or criminal court.

No physical damage is required for a protective order.

An alleged victim does not need to have suffered physical harm in order to obtain a protective guild in California.

The person filing the petition simply needs to prove that:

• Someone has abused or threatened to abuse the petitioner or the petitioner'south small child, and
• The alleged abuser is an intimate partner or a first- or second-degree relative.¹⁷

Violation of a protective or restraining club

California law makes information technology a law-breaking to violate a restraining order.¹⁸

Violation of a protective order is usually a misdemeanor every bit long every bit the victim wasn't injure.

Common defenses to a charge of violating a protective lodge include taking the position that:

• The protective order wasn't legally issued;
• The accused didn't know about the restraining club;
• The defendant didn't intentionally violate the guild; or
• The defendant was falsely accused.

6.8. Immigration consequences

Many California domestic violence convictions count as an "aggravated felony" or a "crime involving moral turpitude" ("CIMV") under U.South. clearing law.

Conviction on these charges tin subject a not-U.S. citizen to:

• Removal (deportation) from the Usa,¹⁹ and/or
• Inadmissibility to the United States — including ineligibility to apply for a green card or an aligning of status (from illegal to legal).²⁰

So earlier pleading guilty, it is critical that a non-denizen consult with a knowledgeable California domestic violence lawyer.

An experienced California criminal attorney may be able to negotiate a plea bargain that avoids the negative immigration consequences of a domestic violence conviction.

Arguments in front of children can sometimes lead to false accusations of California's domestic violence laws, with devastating consequences

7. What are the defenses to California domestic violence charges?

7.i. Legal defense force strategies

At that place are numerous legal defenses that a criminal defense attorney tin assert. Some of the nearly mutual include taking the position that:

• The other person's injury was the event of an accident;
• The alleged victim'southward injuries did not result from the defendant's deportment; or
• The accused was acting in self-defense or defense of someone else.
• The defendant is existence falsely accused due to:
  • Anger or jealousy,
  • An attempt to gain the upper hand in divorce or child custody proceedings, or
  • Any other reason.

7.2. Plea bargains to bottom charges

An experienced defense attorney tin can sometimes negotiate a plea bargain to a lesser law-breaking. Pleading guilty to a lesser offense can assistance a defendant avoid the stigma and negative consequences of a domestic violence conviction.

2 of the about mutual lesser offenses a domestic violence defendant may be able to plead to are:

• Penal Code 602 PC criminal trespass, or
• Penal Code 415 PC disturbing the peace.

Advantages of pleading to one of these crimes can include:

• Retentivity of the right to own a firearm,
• No automated loss of custody rights, and
• No deportation or inadmissibility for non-citizens.

7.3. Pre-trial diversion

Another legal strategy oft pursued by a defense force attorney is to attempt to get a pre-trial diversion program or deferred entry of judgment ("DEJ") for the accused batterer.

With pretrial diversion, if the defendant successfully completes a batterers' program, the charges volition be dismissed and stop to exist for well-nigh purposes.

Eligibility for pretrial diversion depends on:

• The specific charges,
• Where the accused batterer resides, and
• The accused'south criminal history (if any).

Talk to an experienced California domestic violence attorney to find out whether a pre-trial diversion program is bachelor in your jurisdiction.

8. How can a California domestic violence lawyer help?

California police force enforcement agencies have claims of DV quite seriously.

Someone accused of domestic violence for allegedly hitting or threatening a spouse or child may find him- or herself cut off from family and unable even to go home.

Our criminal defense lawyers include former police officers and prosecutors. We take decades of experience investigating and trying cases of alleged abuse.

We understand how judges decide when to issue a domestic violence restraining order and what penalty is merited.

When we go involved early in a case we can often persuade the prosecutor not to file charges. Or we can negotiate a plea bargain that allows our client to avoid the negative consequences of a domestic abuse conviction.

And if your case does go to jury trial nosotros will make sure your side of the story is presented. Contrary to what you may take heard, it is possible to win a domestic violence case.

9. What are resources for domestic violence victims?

• Domestic Violence Organizations in California – California Partnership to Terminate Domestic Violence
• California Domestic Violence Assistance, Programs and Statistics – DomesticShelters.org
• State Resource: California – WomensLaw.org
• Domestic violence in California: Resources for survivors, advocates, and allies – Blueish Shield of California Foundation
• Getting Help – California Courts
• National Domestic Violence Hotline
• Resources – National Coalition Against Domestic Violence (NCADV)

If yous accept been charged under California'due south domestic violence laws, we invite you to contact us to speak confidentially.

We accept offices in Los Angeles throughout California to serve your needs. Our law firm tin help you notice the best defenses to the charges against you lot then that yous tin preserve your reputation and stay out of jail.

We may likewise be able to assistance if yous were charged under Nevada'southward domestic violence laws .

¿Habla español? Visite nuestro sitio Web en español sobre el delito de violencia doméstica de Californi y nuestros abogados de violencia domestica de California .

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Legal References

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Source: https://www.shouselaw.com/ca/defense/laws/domestic-violence/

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