Domestic violence is treated very seriously under California law, and the resultant consequences upon a conviction for such a charge may be severe. Jail time, heavy fines and perhaps restrictions on child visitation are among the consequences.
If you have been arrested for domestic violence, you do not have any time to waste and must act quickly to protect your rights. A telephone consultation with West Covina criminal lawyer Daniel V. Cota at (800) 351-6860 will better help you understand the variety of offenses you may be charged with based upon the facts of the situation and the nature of your relationship with the alleged victim.
“Simple” domestic battery under PC 243(e)(1)
The reason this is referred to as “simple” domestic battery, is that you need not actually injure your domestic partner to be convicted of this misdemeanor charge. Under this law, only the slightest force resulting in an unwanted physical touching of an “intimate partner” may suffice for arrest and prosecution. Again, no injury need be sustained.
An intimate partner as defined is either:
(1) Your fiancé or fiancée;
(2) Your former or current spouse;
(3) A person with whom you live;
(4) The parent of your child; or
(5) A person who you are dating or formerly dated.
This is the least serious charge you may be faced with, but should any injury occur as a result of the incident, the prosecution has other options.
This charge subjects you to a conviction for intentional infliction of a corporal injury. In contrast to PC 243(e) (1), PC 273.5 may be prosecuted as either a misdemeanor or as a felony. The option to prosecute a case as either a misdemeanor or felony is known as a “wobbler.”
As the charge may be filed as a felony, there is more restrictive language under PC 273.5. You commit this offense only when you inflict corporal (or also known as bodily) injury on either:
(1) Your former or current spouse;
(2) A person with whom you live or have lived with; or
(3) The parent of your child.
An important consideration is that PC 273.5 charges are not applicable where the alleged victim is either a former or current fiancé or someone you are dating.
Contact the West Covina criminal lawyers at Daniel V. Cota & Associates, P.C. at (800) 351-6860 as soon as possible for a consultation.