The California legislature enacted domestic violence laws in California to afford special protections to people who are or were in close, personal relationships. People in close relationships are particularly susceptible to abuse, retribution, manipulation, and bullying. The generic term domestic violence in California, therefore, refers to several individual criminal charges like domestic battery, abusing a child, or inflicting corporal injury on a spouse or cohabitant. These charges help protect victims of domestic abuse and punish domestic abusers.
California’s penal code establishes the relationships that qualify for domestic violence protections. Relationships such as current and former spouses, significant others, engaged couples, parents and children, and people who live together receive added protections under California law.
Prosecutors in Santa Clara County receive substantial latitude to fight for the harshest committed sentence permitted under California law in domestic violence cases, even if the alleged victim does not come to the table with clean hands. Having a criminal defense attorney who appreciates the severity of the allegations and the potentially disastrous consequences a conviction could have on the life of the accused by your side will ensure your rights are protected by the defense possible for your domestic violence charges in San Jose. Wesley J. Schroeder, Esq. has 40 years of criminal trial experience in San Jose and Santa Clara County. You can Attorney Schroeder to fight aggressively for you and protect your rights from overreaching and overzealous domestic violence prosecutors.
California Penal Code §273.5 establishes the punishments for inflicting corporal injury. To qualify for prosecution under §273.5, the alleged injury must cause a traumatic condition upon the victim and fall into one of the categories of people protected by California’s domestic violence laws. Traumatic injuries include any wound, including internal wounds, or injuries resulting from suffocation or strangulation, no matter how slight or severe. However, §273.5 will not apply unless the injured person is a current or former spouse, fiancé, cohabitant, or having been in a serious dating relationship, or the parent of the offender’s child.
A conviction under §273.5 is a felony. The accused could receive up to one year of incarceration in the county jail or from two to four years in the state’s prison. Additionally, the court may impose no more than a $6,000.00 fine, or both fine and imprisonment.
Domestic battery charges are substantially similar to charges levied under §273.5. Section 243(e)(1) of the California Penal Code sets forth the penalty for domestic battery. The primary difference between infliction corporal injuries and the domestic battery is the injury requirement. Both statutes require a physical assault to have occurred, and the relationships are the same for both laws.
A person may be found guilty under §243(e)(1) and sentenced to serve no more than one year in the county jail. Furthermore, the offender may be placed on probation for no less than one year and must complete an approved batterer’s program successfully. Failure to complete probation and the batterer’s program successfully could result in additional punishments.
Child abuse is another charge that is often sought in domestic violence cases. Child abuse under §273d occurs when a person inflicts corporal punishment on a child that is either cruel or inhumane. Alternatively, a person who inflicts a traumatic injury upon a child is guilty under §273d as well.
Child abuse in California is a felony punishable by a commitment to the state’s prison for two to four years or up to one year in the county jail. The court could levy a fine not to exceed $6,000.00 for a conviction for child abuse as well.
San Jose criminal defense lawyer Wesley J. Schroeder has over 40 years of experience protecting the rights of people facing domestic violence charges. Call Attorney Schroeder today at 408-277-0377 now to mount your defense.