Sunday, January 12, 2020

Domestic Violence

Domestic violence laws make it a crime to harm or threaten an intimate partner (or former partner).  Common charges include Penal Code 243(e)(1) (domestic battery) and Penal Code 273.5 (“inflicting corporal injury on an intimate partner.”
A conviction of a crime of domestic violence can have serious consequences, including:

  •         Mandatory jail time
  •         Mandatory participation in domestic violence classes (batter’s intervention program, a 52 week program)
  •         Payment of fines
  •         Victim restitution
  •        A restraining order
  •         Loss of custody rights
  •         Loss of gun rights (can be a 10 year ban or a lifetime ban)
  •         Immigration consequences:  Deportability or inadmissibility of non-citizens, including people that are undocumented and lawful permanent residents.
o   Our attorneys are aware of the immigration consequences to a domestic violence conviction, and will negotiate with the district attorney to avoid your deportation. 

Possible defenses include the following:

  •        Injuries sustained did not result from the defendant’s actions
  •         Self defense or defense of another person
  •        The injury was an accident
  •        The defendant faces a false accusation
We will present your defense to the district attorney and fight to dismiss the charges, reduce the charges, or mitigate the consequences.

Crimes of domestic violence include PC 273.5; corporal injury to a spouse or inhabitant, PC 243(e)(1), domestic battery; PC 270, child neglect; PC 273a, child endangerment; PC 273d, child abuse;  PC 368, elder abuse; PC 422, criminal threats; PC 646.9, criminal threats; PC 646.9, stalking, PC 591, damaging a telephone line; PC 601, aggravated trespass; PC 647(j)(4), revenge porn; and PC 653.2, posting harmful information online.

Give us a call if you are facing charges for a crime of domestic violence.  We are here to help.  (909)55-HELP-U, that’s (909)554-3578.  The consultation is free.