Domestic Violence

Potential Consequences of a Domestic Violence Charge involving a Spouse in California

December 1, 2010 | Ronald N. Hoffman

There are two types of charges involving a spouse in domestic violence. One is charged as a felony domestic violence and involves bodily injury resulting a traumatic condition (California Penal Code 273.5), and the other is a misdemeanor battery against a spouse (California Penal Code 243(e)(1)).

The final sentence for your case will fall along a spectrum that has been established by legislation. This range will differ based on the Penal Code section under which you have been charged, along with varying factors that comprise your background and the facts of your case. A person charged under California Penal Code 273.5, a felony, may be sentenced anywhere up to a year in county jail, 2 – 4 years in state prison and/or a fine of up to $6,000. In contrast, those charged under CPC 243(e)(1), a misdemeanor, may be charged with up to a year in prison and/or a fine not to exceed $2,000.

Potential consequences for your case will depend on several different factors. Prosecution will consider you criminal background, relationship history as well as the specific facts of your case before proposing a final sentence to the Judge. There is a great amount of subjectivity open to argument and debate. An experienced Los Angeles Criminal Defense attorney has developed a solid reputation among the prosecutors and Judges in Los Angeles. It is through this knowledge that they are able to prepare a influential argument that will ensure your final sentence falls along the lower end of the spectrum and helps you avoid serving and jail time!

Domestic Violence Involving a Spouse in a California Criminal Case

November 28, 2010 | Ronald N. Hoffman

Although there are many different types of domestic violence, one of the most frequently found forms is when it is between spouses. California Penal Code § 273.5 and §243(e)(1) address spousal violence.

CPC § 273.5 makes it a felony for a person to inflict corporal injury resulting in a traumatic condition against a spouse. A spouse as defined in this section will also include a former spouse, someone you have lived with or do live with, or the mother or father of your child. Additionally, a visible injury is required to be charged with this offense, even if it is a slight bruise or swelling.

CPC § 243(e)(1) addresses a lesser charge than CPC § 273.5. CPC § 273.5 will be charged as a felony whereas §243(e)(1) is a misdemeanor battery charge. Under this section, a person will be charged with battery if it is committed against a spouse. The section also extends battery upon not just a spouse, but also someone with whom you are living, someone to whom you are engaged, the parent of your child, a former spouse or someone whom you are dating.

Domestic Violence Charges in a California Criminal Case

November 26, 2010 | Ronald N. Hoffman

Oftentimes people assume that domestic violence entails violence against one spouse from the other. Although that is the most common scenario, it is not the only type of domestic violence.

California Penal Code § 273.5 makes it a felony for anyone who inflicts corporal injury resulting in a traumatic condition upon a spouse, cohabitant or parent of his or her child. This section is common among domestic violence cases. A lesser offense is known as domestic battery and is codified under California Penal Code § 243(e)(1). California PC §243 (e)(1) makes it a chargeable offense to commit battery against a spouse, fiance or anyone whom you have had a engagement or relationship with.

Also considered under a domestic violence offense is violence against a child. California Penal Code § 273 (d) makes it a punishable felony to inflict corporal injury resulting in a traumatic condition upon a child. Additionally, under California Penal Code § 273 (a), any person who is entrusted with the care and custody of a child under 8 years of age inflicts upon the child force that a reasonable person would find to inflict bodily injury resulting in the child’s death will be charged with child endangerment.