If you have been accused of a domestic violence crime, it is essential that you consult an experienced criminal defense attorney right away. A variety of offenses fall under the heading of domestic violence, some with severe penalties, so it is important that you understand the charges against you and the possible defenses you may have. Don Ho Law is dedicated to protecting your rights, and will provide you with a zealous defense.
What is Domestic Violence?
California Penal Code §§ 243(e), 273.5
The most common domestic violence charges are domestic violence battery (PC §243(e)) and aggravated domestic violence battery (PC §273.5).
Domestic Violence Battery
A charge of domestic violence battery requires unlawful touching of a domestic spouse, a cohabitant, a person who is the parent of your child, a former spouse, a fiancé or fiancee, or a person with whom you currently have, or have previously had, a dating or engagement relationship. This charge does not require there to be an actual injury, only unlawful touching. If you are convicted of domestic violence battery you could face a fine of up to $2,000, an additional requirement that you pay up to $5,000 to a domestic violence shelter, and up to one year in county jail.
Aggravated Domestic Violence Battery
Domestic violence that results in an injury or traumatic condition is a felony. Any injury can lead to this charge, even one as minor as a scratch or bruise. If you have been charged with purposely injuring a spouse, former spouse, cohabitant, or the parent of your child, you could face up to four years in state prison. If the injury was serious, the offense could be considered a violent felony, which means you could face a longer prison sentence and a possible strike under California’s Three Strikes Law.
There are several possible defenses to a charge of domestic violence, and Don Ho Law has the experience and expertise to argue passionately on your behalf. Some of these possible defenses include:
- Self defense
- False Accusations
- Factual Innocence
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