Domestic violence (also called domestic abuse) entails any form of mistreatment that occurs between adults or teenagers in a romantic relationship.
Sadly, domestic violence is a significant public health issue, impacting about 2 million women and 800,000 men and resulting in homelessness, injury, or death of victims, billions of dollars in healthcare expenditures, and lost job productivity.
This article gives an insight into what domestic abuse means and domestic violence jail time sentences in California. Read on for more information.
Domestic Violence in California
Penal code 273.5 governs domestic abuse legislation in California. You can refer to domestic violence using phrases like “spousal battery,” “physical injury to a spouse,” or “marriage abuse.” However, each carries a different penalty.
Domestic violence is defined by the law as bodily harm committed to a current spouse, cohabitant, ex-spouse, or parent of your child.
Domestic violence is often prosecuted as a minor offense. However, it becomes a felony charge if:
- A minor was harmed or sexually assaulted
- The victim suffered substantial bodily harm
- The victim was sexually assaulted
- You have a history of domestic violence convictions
- You have previous criminal convictions
Criminal Charges of Domestic Violence
When charged with domestic violence, you may plead guilty to either physical harm to a spouse, which is considered a crime or spousal battery, a misdemeanor.
1. Bodily Harm to a Spouse or Cohabitant
You’ll be charged with causing bodily harm to your spouse if the injury you caused results in a traumatic state. A wound or injury is a traumatic condition. Even a minor bruise is considered a stress condition. In this case, emotional pain doesn’t qualify.
2. Spouse Battery
Under California law, spousal battery is defined as the intentional and unlawful use of violence against a spouse or cohabitant. You can be sued for spousal violence even if the victim has no apparent harm.
How Severe Are Domestic Violence Charges in California?
Domestic abuse charges can be pursued against you in California whether the victim reports the occurrence or not. Even if the victim requests it, charges are unlikely to be dismissed once they’ve been filed. However, your attorney may help reduce your felony penalty to a minor one.
Furthermore, domestic violence in California may result in fines, therapy, probation, community service, or incarceration. You may be barred from ever contacting the victim or entering their house and the charge will appear on your record, making it difficult for you to get work.
We’ve seen how severe these charges are in California; now let’s look into domestic violence jail time sentences in California.
Domestic Violence Jail Sentences in California
Under California Penal Code 273.5, domestic violence sentences can include imprisonment in state prison for two, three, or four years; confinement in jail for no more than one year; including a fine of up to $6,000, or both.
A person with a previous conviction for this offense within the last seven years (whether it’s a domestic violence first offense or not) faces additional years in prison (longer sentence) and penalties of up to $10,000.
Child abuse sanctions will differ depending on whether the incident is charged as a misdemeanor domestic violence crime or a felony.
Misdemeanors carry up to one year in county jail, while felonies result in two to six years in state prison, with heavier penalties for those with felony records.
Known as the “three strikes,” the aforementioned crimes lead to a third child abuse charge, punishable by a 25-year life sentence in state prison. Endangering a child is also considered child abuse and can lead to serious consequences such as jail time, loss of child custody, and fines.
Child abuse cases that result in serious harm are presently punishable by up to life imprisonment. The legal reform, which went into effect in 2010, aims to punish caregivers who abuse children and cause them irreversible harm.
For more insight into domestic violence jail time sentences in California, click the attached link.
Why Hire An Experienced Domestic Violence Lawyer
In California, a criminal conviction for domestic battery or criminal threat can result in jail time, substantial fines, and mandatory two hours per week of mandatory domestic violence counseling sessions for at least one year.
It also leads to mandatory alcohol education sessions, personal conduct orders, stay at home orders, departure orders, temporary restraining orders, and other penalties under Criminal Code Section 1203.097.
Therefore, individuals accused of domestic assault, domestic abuse, criminal threats, or stalking must obtain the services of an experienced domestic violence defense attorney that specializes in defending domestic violence charges to wiggle their way out of serious penalties.
Legal Defences for Domestic Violence Charges
1. Lack of Willful Intent
If you hadn’t planned to hurt your intimate partner, then domestic violence didn’t really occur. For example, a disagreement might have unforeseen repercussions, like furiously exiting the room and accidentally shoving the victim, causing the individual to fall and incur a concussion.
2. Wrongful Accusation
It’s common for enraged wives or partners to falsely accuse defendants of causing injuries that didn’t exist or were caused by someone else or in an accident.
If authorities can’t identify discrepancies in many of these cases, your lawyer may be able to disclose a falsified claim.
3. Self Defense
A defendant will plead the affirmative defense of self-defense in several violent offenses, or that the defendant had to use bodily or even lethal force to protect himself from impending physical danger.
You must show every element of self-defense in front of a jury or the judge. Here are the components of self-defense:
- You have reason to suspect that you or others are at imminent risk of serious bodily harm or inappropriate contact
- You have reasonable grounds to believe that you need to use force to protect yourself or others from harm or danger
- You used not more force than was necessary to protect yourself or others
4. Lack of Evidence
If the defendant’s intimate partner was injured, the accused is alleged to have caused the injury. Suppose there’s a history or witness of domestic violence, prosecution under penal code 273.5 might apply.
However, many domestic violence crimes only occur in the the victim and defendant‘s presence, so what can prosecutors do if the victim refuses or refuses to testify?
From this article, we can deduce that the length of domestic violence jail sentences in California depends on the severity of the crime. A domestic abuse conviction can incur severe repercussions, including a lengthy jail term, depending on whether it’s a felony or a misdemeanor.
If ever you’re charged with domestic violence in California, seek the services of a reputable criminal defense lawyer office that specializes in these cases. A competent attorney can help you through the procedure while also protecting your rights.