California law is quite severe with domestic violence crimes. Whether you are guilty or falsely accused, if you are charged with a domestic violence offense, you should be completely aware of each charge and possible penalties, and what you can do to be prepared.
Here is a look at common forms of domestic violence, as defined by the California Penal Code.
Types of Domestic Violence Crimes
1. Corporal Injury on a Spouse or Cohabitant
Penal Code 273.5 PC, this crime involves willfully harming a spouse or intimate partner (including a former spouse/boyfriend/girlfriend or the parent of your child) that results in a visible injury.
‘Corporal injury’ can be as severe as breaking bones or as mild as causing bruising. Corporal injury can be considered a misdemeanor or felony, depending on the severity and circumstances. A conviction can include fines up to $6,000 and/or prison time of up to 4 years, depending on prior history, facts of the case and whether the charge is brought as a misdemeanor or felony.
2. Domestic Battery
Under Penal Code 243(e)(1) PC, domestic battery is a misdemeanor in which a person unlawfully touches or strikes an intimate partner in a violent or offensive manner.
It is important to know that a person may be charged with domestic battery, even without any physical evidence of injury.
A conviction of domestic battery may mean a fine of up to $2,000 and up to a year in county jail.
3. Child Abuse
Child abuse, described in Penal Code 273d PC, refers to physical violence directed at a minor that results in a physical injury. This includes spanking which results in physical marking.
Child abuse may be charged either as a misdemeanor or felony, with penalties ranging from 1-6 years or more in jail.
4. Child Endangerment and/or Neglect
These are both domestic violence crimes that can occur without actually striking a child.
While child endangerment refers to allowing a child in your care to suffer injury or put into a dangerous situation, child neglect refers to failing to provide proper care for a child for whom you bear responsibility.
5. Criminal Threats
Under Penal Code 422 PC, this is a criminal threat that consists of a tangible threat to harm or kill someone else, communicated such that causes the other person to fear for her safety or that of her loved ones.
Criminal threat may be either a misdemeanor or a felony, with a conviction resulting in 1-5 years in prison.
If you have been accused of a domestic violence offense, it is important to seek the help of a criminal defense lawyer for appropriate representation and advice.
6. Stalking
Stalking, described in Penal Code 646.9 PC, involves willfully and maliciously harassing or following someone in a way that causes them to fear for their safety or the safety of their loved ones. In a domestic violence context, this could include repeatedly showing up at a partner’s home, workplace, or other locations, despite being asked to stop.
Stalking is a serious offense in California and can be charged as either a misdemeanor or felony, with penalties ranging from up to 1 year in jail to 5 years in prison, depending on the severity of the case and whether there are aggravating factors, such as prior convictions or the use of a weapon.
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