Domestic Violence is charged when a defendant willfully inflicts corporal injury upon a victim resulting in a traumatic condition, such as a wound, external or internal injuries, whether of a minor or serious nature.
When it comes to Domestic Violence there are a multitude of charges that can be applied including, but not limited to, Penal Code 243(e)(1), Penal Code 242, and Penal Codes 273.5.
- Penal Code 243(e) (1) is a spousal battery meaning there was harmful or offensive touching without injury and is adjudicated as a misdemeanor. A misdemeanor domestic battery charge carries a 10 year ban on a firearm.
- Penal Codes 273.5 is a wobbler, which means it can be adjudicated as a felony or misdemeanor. In the State of California a conviction of Penal Code 273.5, as a felony or federal case, carries a lifelong ban on firearms. Finally, Penal Code 273.5, as a felony is punished by 2, 3, or 4 years of State Prison.
When our clients are arrested for domestic violence charges, our goal is to avoid a felony conviction on their record, and avoid prison or jail time.
The factors the District Attorney’s Office will often times look at is whether the defendant received counseling, the degree of injury and whether or not the alleged victim wishes to prosecute.
There are different programs in the State of California a defendant may be required to complete, a 12 week program, and a 52 week program.