Over 12 million men and women experience domestic violence in the United States per year. This includes physical violence, emotional abuse, verbal assault, stalking, and rape. Domestic violence does not discriminate against race, gender, age, or socioeconomic background. Over 200,000 calls reporting domestic violence are received daily in the US, with 47.3% women and 44.2% men reporting in their lifetime. Although domestic violence is seen as a misdemeanor in most states and a crime in some, domestic violence laws vary state by state in terms of how it is defined and how it is persecuted. In California, particularly, there are strict laws that set them apart from other states that protect victims and their families.
One of the laws California has regarding domestic violence is Penal Code 273.5. The code states that “Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision is guilty of a felony…” If convicted, the offender can be sentenced to jail for under a year, or a state prison for two to four years. Fines for breaking this law could cost up to $6,000. Under this law also includes consideration of a restraining order for up to ten years, which is determined by the court. A restraining order may be placed based on the severity of the case, possible recurring violence in the future, and the safety of the victim and their family. It may be placed whether the offender is in jail or not.
Victims of unwanted violent physical contact, or battery, by a spouse, a person with whom the victim is living, former spouse, fiancé, or a parent of the victim’s child, are protected under Penal Code 243 e 1. Once convicted, under this law, the battery is punishable by a fine up to $2,000 or by imprisonment up to one year, or both. Should the defendant be granted probation, or the sentence is suspended, they are required to successfully complete a batterer’s treatment program or other counseling program designated by the court.
In the state of California, not only physical violence, but the threat of physical violence is also taken very seriously. In Penal Code 422, anyone who “willfully threatens to commit a crime which will result in death or great bodily injury to another person” will be taken as a threat and is punishable by imprisonment up to one year. The code also states that the threat does not need to have intent to be carried out to be convicted.
In the same vein, physical contact is not necessary to be convicted of a domestic violence charge. In Penal Code 646.9, the law states that anyone who willfully follows, stalks, or harasses another person with malicious intent can be charged and punished with fines up to $1,000, and imprisonment in a county jail of up to one year. The offender needs to have intent of malice and cause reasonable fear to the victim or the victim’s family.
Important Updates and What to Know if You’re Charged with PC 273.5, 243(e)(1), or 422 in California
If you’ve been charged with offenses like PC 273.5, 243(e)(1), or 422 in California, there are several important considerations and recent updates you should be aware of:
Impact of Recent Legal Reforms: California has recently implemented criminal justice reforms that could impact how these cases are handled. For example, recent changes in bail laws may affect your ability to be released from custody while awaiting trial, particularly for serious charges like domestic violence. It’s crucial to understand how these changes might influence your situation and discuss them with your attorney.
New Domestic Violence Policies: Many California counties have adopted stricter policies regarding domestic violence cases, often pursuing charges even if the alleged victim wishes to drop them. Prosecutors may proceed based on evidence like 911 recordings, witness statements, or medical reports, which makes having a solid defense strategy even more critical.
Protective Orders and Their Consequences: Being charged with domestic violence or criminal threats often results in the issuance of a protective order, which can restrict your ability to contact the alleged victim or even return to your home. Violating these orders can lead to additional charges and complications in your case, so it’s vital to understand the terms and follow them carefully.
Digital Evidence is More Critical Than Ever: In today’s digital age, text messages, emails, social media posts, and even GPS data can play a significant role in your defense. If you have evidence that supports your innocence, such as messages that contradict the alleged victim’s claims, it’s important to preserve it and share it with your attorney immediately.
Potential Immigration Consequences: If you are not a U.S. citizen, being charged with crimes like PC 273.5, 243(e)(1), or PC 422 can have serious immigration consequences, including deportation or being barred from re-entry. It’s essential to work with an attorney who understands both criminal and immigration law to navigate these complexities.
Pretrial Diversion Programs: California offers certain pretrial diversion programs for eligible individuals, which may allow for charges to be dismissed upon the completion of counseling, community service, or other requirements. However, eligibility depends on the specific facts of your case, and these options may not be available for all charges, so consulting with your attorney about this possibility is key.
Understanding these aspects can help you make informed decisions and work more effectively with your criminal defense attorney to protect your rights and achieve the best possible outcome.
What to Do If You’re Charged with PC 273.5, 243(e)(1), or PC 422 in California: Los Angeles Criminal Attorney
If you’ve been charged with domestic violence offenses such as PC 273.5 (inflicting corporal injury on a spouse or cohabitant), PC 243(e)(1) (domestic battery), or PC 422 (criminal threats) in California, it’s crucial to act swiftly to protect your rights and future. The first step is to remain calm and contact a skilled criminal defense attorney immediately. Each of these charges carries serious penalties, including jail time, fines, and a permanent criminal record, which can affect your employment, reputation, and personal life. As experienced criminal defense attorneys, we are here to guide you through the legal process, build a strong defense strategy tailored to your case, and fight to achieve the best possible outcome. Don’t face these charges alone—reach out to us today for a consultation and let us help protect your rights.
Sources:
Thehotline.org
earthweb.com
patch.com
acf.hhs.gov
leginfo.legislature.ca.gov
openai.com