Domestic Violence Battery Attorney
The California Penal Code includes battery crimes that are specific to domestic violence. Penal Code section 243(e) defines a misdemeanor domestic violence battery as:
“When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiance, fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer’s treatment program, as defined in Section 1203.097, or if none is available, another appropriate counseling program designated by the court.”
In other words, a domestic violence battery carries greater consequences than simple battery. You can spend a year in county jail, and be required to complete a year long (52 week) domestic violence program.
An even more serious domestic violence battery offense is under Penal Code section 273.5 which states:
“Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine up to six thousand dollars ($6,000) or by both that fine and imprisonment.”
This section states that committing a corporal injury against your spouse, former spouse, someone you cohabitate with or used to cohabitate with, or have a child with, can be a misdemeanor or felony conviction with prison up to four years. Either way, the defendant is also required to complete the year long (52 week) domestic violence program. Even if a state prison commitment is avoided, a domestic violence conviction can carry devastating life consequences to employment, immigration status, and/or divorce or child custody proceedings.
If you or a loved one has been charged with a domestic violence battery your need a skilled, experienced attorney who will fight for you.
Contact Domestic Violence Attorney Lance Jacot 24 Hours a Day at Toll Free 888-823-4884.