| "Domestic violence" or "domestic abuse" is a common | | | | domestic abuse when someone uses reasonable self |
| criminal charge in California. Simple arguments often | | | | defense to protect himself from a domestic attack; |
| escalate into domestic violence allegations. Domestic | | | | and (3) accident – it is not domestic abuse when |
| violence is typically charged under Penal Code 273.5 | | | | someone does not deliberately do an act to cause |
| or Penal Code 243(e). This article focuses on | | | | injury to a spouse or domestic partner. |
| domestic violence charges under Penal Code 273.5. | | | | |
| | | | | What is the punishment for a domestic violence |
| It is critical for anyone accused of domestic violence | | | | charge? Penal Code 273.5 is a "wobbler", meaning |
| to have a basic understanding of domestic violence | | | | that it can be charged as a misdemeanor or as a |
| law, including how a prosecutor attempts to prove | | | | felony. If charged as a misdemeanor, it is punishable |
| domestic violence; punishments for domestic violence; | | | | by up to 1 year in county jail and a $6,000 fine, or |
| and defenses to domestic violence allegations. | | | | both. If charged as a felony, it is punishable by 2, 3 |
| | | | | or 4 years in a state prison, a $6,000 fine, or both. |
| What is required to prove domestic violence? The | | | | The prosecutor will decide to charge Penal Code |
| prosecution must generally prove the following facts | | | | 273.5 as a misdemeanor or as a felony based |
| to find a defendant guilty of domestic violence under | | | | primarily on the extent of the victim's injuries. |
| Penal Code 273.5: (1) defendant abused a spouse, | | | | |
| former spouse, a current or former live-in girlfriend or | | | | I hope this article has been helpful. |
| boyfriend, or the mother or father of the | | | | |
| defendant's child; (2) the defendant used intentional | | | | Sincerely, |
| (non-accidental) force to cause the abuse; and (3) | | | | Garret Weinrieb, Esq. |
| the victim suffered some form of visible injury, even | | | | Valerio | Weinrieb Criminal Defense Attorneys |
| if the visible injury is small. | | | | |
| | | | | (note: Information contained within this article is |
| What are common defenses to domestic violence | | | | intended for general information purposes only and is |
| charges? While any domestic violence charge must | | | | not, nor is it intended to be, legal advice for any |
| be evaluated on its specific facts, in many cases | | | | individual case or situation. The information contained |
| there are strong defenses to a domestic violence | | | | within this article is not intended to create an |
| charge, including: (1) false accusations – domestic | | | | attorney-client relationship and use of this article, and |
| arguments often result in false accusations of | | | | any information contained herein, does not constitute |
| domestic violence; (2) self defense – it is not | | | | such a relationship. |