If you have been arrested on domestic abuse charges, you are undoubtedly wondering if you will face jail time, what kind of fines you will have to pay, and how it will affect your relationship with your children and your significant other.
California has tough domestic violence laws, and charges are not to be taken lightly. Domestic abuse charges fall into their own category in The Golden State. The consequences are often harsher for domestic abuse than for other kinds of physical confrontations. It is important to understand what constitutes domestic abuse and the potential penalties for each type of charge. You will also need the assistance of a good criminal defense attorney.
What Qualifies as Domestic Abuse in California?
The legal definition of domestic abuse in California is, "intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another." However, Domestic abuse is not limited to physical violence. The stalking of a partner or emotional maltreatment may also qualify.
Domestic abuse charges can even be extended to a couple's financial arrangements. If one partner prevents another partner from getting a job outside of the home, or from having their own bank account, it may be considered abuse.
A domestic partner may be a spouse, an ex-spouse, a live-in boyfriend or girlfriend or even someone a person is just casually dating. It can also be an abuse of a relative who resides with the abuser.
The internet has brought about several new actions that can be construed as domestic abuse. If you put harmful information on the internet about a person, or if you share information that results in a domestic partner being harassed, you may be charged with misdemeanor domestic abuse. Revenge pornography, such as nude photos or videos that are of a sexual nature also constitute domestic abuse. Misdemeanor internet harassment may come with a fine of up to $1000.
The Penalties for Domestic Abuse
Domestic abuse is known as a wobbler offense in California, meaning that the prosecutor may consider it a felony or misdemeanor depending on the circumstances. An accused abuser's criminal history will be taken into consideration when deciding the severity of the charges. They will also consider the severity of the victim's injuries and the circumstances surrounding those injuries. For example, if the accused shoved their partner away from them in self-defense and the partner fell and broke their arm, the charges may be less than if the accused intentionally broke their arm.
Although it is okay to spank your child, if that spanking is excessive or causes injury, it can get you up to three years in state prison.
The punishment in a domestic violence case against a spouse or romantic partner may include time in county jail or state prison as well. A convict may go to jail for up to 4 years in a domestic abuse case. In some cases, threatening someone with violence may also come with jail time.
A convict may have to pay for a victim's hospital bills and they may be ordered to compensate the victim for time lost off of work. They may lose visitation rights with a child and they may lose their right to carry a firearm.
If you have been accused of domestic abuse, you will need a criminal defense attorney with years of experience in California law. Visit our website and give us a call for a consultation today.
Authoritative Sources:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=13700
