Domestic Violence: California Penal Code 273.5

 Domestic violence - or spousal abuse - falls under California Penal Code 273.5, which makes it a crime when bodily injury results from a physical confrontation involving spouses, former spouses, cohabiting couples, or former cohabiting couples. For charges to be brought under PC 273.5, the injury must be traumatic - an external or internal wound caused by physical force - and willfully, or intentionally, inflicted.

Domestic violence cases are often complicated by the dynamics of the spouses' or partners' relationship. https://askcompetentlawyer.com/violent-crimes/ Each person usually has a very different view of what happened, and emotions tend to run high. Moreover, many people are effected by the incident, including children, relatives, friends, and neighbors.

Since PC 273.5 is a "wobbler," it can be charged as either a misdemeanor or a felony, depending on the criminal record of the accused and the circumstances of the incident.

Possible penalties for a misdemeanor conviction include:

• at least three years informal probation
• up to one year in county jail
• up to $6,000 in fines, with the potential for additional fines depending on prior offenses
• payment of up to $5,000 to a battered women's shelter
• reimbursement of the victim's medical expenses
• a restrainer order preventing contact with the victim for up to 10 years
• counseling
• community service

Possible penalties for a felony conviction include:

• the restraining order, community service, and counseling options listed above
• up to five years in state prison, with the possibility of additional time if the victim suffered great bodily injury
• formal probation
• a possible strike under California's Three Strikes Law

Bear in mind that the district attorney's office decides whether to file criminal charges. Sometimes in domestic violence cases, the alleged victim files a complaint and then later tells the DA that he/she wants to "withdraw the charges." Once prosecutors have become involved, however, the discretion to file charges rests with them.

It's especially important in domestic violence cases to have a defense lawyer who will ask the right questions and gather all the relevant evidence to be able to put together a clear picture of what happened. Only then will a credible, effective defense be possible. Call the Law Office of Nancy King if you have questions about domestic violence, or any other topic covered in our blog.