Domestic Violence Charges in California

Domestic Violence Charges Lawyer And Santa Clara Criminal Law Attorney

A Chicago Bears defensive end was arrested last month in California for domestic violence and child endangerment. He is suspected of physically assaulting a woman who was holding a baby, at his Santa Clara residence. He was arrested a few hours later at a friend’s house. The Bears defensive end was involved in another domestic violence incident in August 2014. He was arrested for felony domestic violence against his fiancée at the time. The Santa Clara County district attorney’s office decided not to file charges, in part because the fiancée was uncooperative. The Bears have cut him from the team.

Domestic Violence

Domestic violence means an act of violence against a person with whom the perpetrator has one of these relationships specified by California law:

• A spouse or former spouse;
• A person with whom the perpetrator is cohabiting or has previously cohabited;
• A co-parent;
• A current or former fiancé or fiancée; or
• A partner in dating relationship, whether current or previous.

Several sections of California’s penal code might apply to an incident of domestic violence, depending on the severity of the harm, the circumstances of the incident, the relationship between the accused and the victim, and the accused’s criminal history. Two sections of the code deal specifically with crimes committed against those with whom the perpetrator has a domestic relationship. Perpetrators of domestic violence may be charged with other crimes as well, such as assault with a deadly weapon.

Battery

Section 243(e) addresses battery, which is a willful and unlawful use of force or violence upon the person of another. For a basic battery charge, the penalty may include a fine of up to $2,000 and imprisonment of up to six months, or a combination. If the battery is against a person with whom the defendant has a domestic relationship, however, the maximum jail sentence is increased to one year. Additionally, if the defendant receives probation, he or she must complete a batterer’s treatment program, lasting a minimum of one year, as a condition of the probation.

Corporal Injury

Section 273.5 states the penalty for willfully inflicting a corporal injury resulting in a traumatic condition. It can be filed either as a misdemeanor or as a felony. Typically, the defendant will be arrested for a felony, but the charges will often be reduced to a misdemeanor. It is punishable by a fine of up to $6,000; imprisonment of two to four years for a felony, or up to one year for a misdemeanor; or a combination.

Domestic violence can result in an array of criminal charges, some more serious than others. An experienced attorney can work to get your charges reduced or even dropped. If you have been arrested for or charged with domestic violence, reach out to experienced San Jose criminal law attorney Wesley J. Schroeder today for an initial consultation on your case.