Domestic violence is a big issue in California. About 40% of women in the state will experience it at some point in their lives. Unfortunately, a lot of crimes of domestic abuse happen in homes where kids under 18 live. Acts of domestic abuse can put a family in danger and cause injuries that can change a person’s life.
Domestic violence is a broad term for abuse that happens within a family or other close relationship. Abusive behavior can be emotional, physical, financial, or mental. The most important thing that defines domestic abuse is that it happens between two or more people who live or are in a relationship together.
The Domestic Violence Prevention Act of California protects people who can be categorized as:
- Current or past spouses
- Current or previous dating partners
- Children
- Parents
- Grandparents
- Blood relatives
- Relatives by marriage.
Here are some examples of domestic violence:
- Hits
- Scratches
- Punches
- Bites
- Other forms of physical violence,
- Threatening
- Controlling money
- Calling names, making fun of, or playing mental games
- Stalking and forcing someone to do sexual acts
Domestic Violence Sections And Definitions Of The Criminal Code
(273.5(a) PC)Physical Harm to a Spouse – The sanction for a felony is 2, 3, or 4 years in state prison. The maximum sentence for a misdemeanor is one year in county detention. The prosecutor must prove that you intentionally perpetrated a traumatic injury on your spouse, cohabitant, the parent of your child, or a former partner with whom you once lived. The wound need only be minor.
(240-241(a) PC)Simple attack – As a misdemeanor, this act could land you in jail for up to a year. The lawyer has to show that you tried to hurt someone when you could have done so. The person doesn’t have to be hurt in anyway. During a heated fight, this crime often happens when someone takes a swing at another person but misses. You could be punished for this crime even though you didn’t hit the other person.
(422 PC)Criminal Threats – You can file this crime as either a murder or a misdemeanor. As a felony, you could go to state jail for 16, 2, or 3 years. The prosecutor must show that you intentionally and illegally said you would do something that would cause death or serious bodily harm and that you said it with the intention that people would take it as a threat. When someone is angry, they usually do this crime by shouting that they have plans to kill someone.
(653m(a) PC)Receiving a bothersome phone call – This is a minor crime that could get you 6 months in jail. The lawyer must show that you called someone on the phone or used some other electronic device and threatened to hurt them or their property. When two people at home are talking on the phone and one of them gets angry, this frequently happens in the midst of the moment.
Conclusion
Get a leg ahead of your case by getting in touch with our office early and telling us your story. You’ll still be able to remember the important details of what happened. From there, our experienced domestic violence attorney can help you build a strong defense and preserve evidence for court. At Kareem Law APC, we have a proven track record of getting charges dropped or reducing criminal punishments for those accused of domestic violence crimes. Contact us at (888)-506-6519 today for a free review of your case with a skilled domestic violence attorney..
