The phrase “domestic violence” can be used to a wide range of crimes and personal relationships in everyday life. In California, however, the legal definition of domestic violence is different. Keep reading to learn what the definition of this crime is and then contact Simmons Wagner, LLP at (949) 439-5857 if you are in need of a domestic violence attorney in Huntington Beach CA.
Who is considered a domestic violence victim?
To comprehend the legal definition of domestic abuse, you must first comprehend who is considered a victim. If the victim has any of the following ties with the defendant, both battery and corporal harm are considered domestic violence crimes:
- A person who is cohabiting (sharing a home with) the defendant
- The defendant’s child’s parent
- A former fiancée or a former spouse
- Someone who is dating or has previously dated the defendant
Domestic violence charges in California are only brought against those who have been abused in a current or past intimate relationship. Domestic violence does not include crimes such as child abuse, child neglect, or elder abuse.
Charges of the battery
Battery in California is defined as the intentional and unlawful use of force against another person – or, to put it another way, any physical contact that isn’t in self-defense. Simple battery does not require that the victim be harmed; a gentle shove or an unwanted arm grasp can both be considered sufficient physical contact to cause a battery charge.
What are the consequences of battery in the case of domestic violence?
A person who is convicted of battery with a domestic violence enhancement might spend a year in prison (versus a maximum of six months for simple battery). A person sentenced to probation or granted a suspended sentence for battery as domestic violence must also complete a “batterer’s treatment program” or another counseling program (decided by the court) for at least a year. Other possible repercussions include the loss of child custody and the right to own a firearm.
The best way to get the best chance of minimal consequences is to talk to an experienced domestic violence attorney in Huntington Beach CA.
Charges of corporal injuries
“Corporal injury” accusations are equivalent to “battery with serious bodily injury” allegations in the context of domestic abuse. The victim must have been wounded in some way for this crime to be committed. When produced by physical force, injuries can involve any of the following:
- Any kind of wound
- Any harm, whether external or internal
- Strangulation or suffocation
What are the consequences of corporal injuries in the case of domestic violence?
Domestic abuse accusations including corporal harm are a felony. Defendants risk up to one year in county imprisonment or two to four years in state prison, in addition to a $6,000 fine. The maximum punishment increases to five years in state prison and a $10,000 fine if a defendant is convicted of a second violation within seven years of the first.
A restraining order forbidding any contact with the victim for a period of up to 10 years may also be imposed as part of a conviction.
How can a domestic violence attorney in Huntington Beach CA help me?
Domestic violence charges are subject to the same defenses as any other battery allegation. Because battery necessitates both deliberate and unlawful physical contact, the two most common defenses are that the physical contact was either accidental or in self-defense.
If you’ve been charged with domestic violence or any other kind of battery or corporal injury, a skilled domestic violence attorney in Huntington Beach CA, will help you determine which defenses are the most effective in your situation. Your lawyer will provide legal arguments on your behalf and will give your side of the tale. Contact Simmons Wagner, LLP at (949) 439-5857 now for a consultation.