What is Felony Domestic Violence in California?
In California, felony domestic violence is a serious criminal offense that carries severe consequences, including imprisonment and a criminal record. According to California Penal Code section 273.5(a), felony domestic violence occurs when a person willfully inflicts corporal injury resulting in a traumatic condition upon a person with whom they have a domestic relationship.
Contents
- 1 What Constitutes a Domestic Relationship?
- 2 Situations That Can Result in Felony Domestic Violence Charges
- 3 Consequences of Felony Domestic Violence in California
- 4 Examples of Felony Domestic Violence in California
- 5 Defenses to Felony Domestic Violence in California
- 6 Seeking Legal Help for Felony Domestic Violence in California
What Constitutes a Domestic Relationship?
A domestic relationship is a critical element in determining whether an act of violence constitutes felony domestic violence. In California, a domestic relationship is defined as follows:
- Spouse: Current or former spouse
- Co-habitant: Someone with whom the defendant has lived in the same household for at least 30 days
- Parent: Biological or adoptive parent
- Child: Biological, adoptive, or step-child
- Dating partner: Someone with whom the defendant has a romantic or intimate relationship
- Foster parent: Someone who has a child in their care through foster care
Situations That Can Result in Felony Domestic Violence Charges
Felony domestic violence can occur in various situations, including:
- Physical violence: Hitting, pushing, shoving, or using physical force that causes injury
- Emotional abuse: Threats, intimidation, or verbal abuse that causes emotional distress
- Sexual assault: Unwanted sexual contact or intercourse
- Stalking: Following or harassing someone
- Restraining order violation: Violating a restraining order or protective order
Consequences of Felony Domestic Violence in California
If convicted of felony domestic violence in California, the consequences can be severe:
- Imprisonment: Up to 4 years in state prison
- Fine: Up to $10,000
- Criminal record: A felony conviction can have lifelong consequences, including difficulty finding employment, housing, and education
- Civil consequences: The victim may be able to file a civil lawsuit against the defendant for damages and other remedies
Examples of Felony Domestic Violence in California
Here are some examples of felony domestic violence in California:
| Situation | Consequences |
|---|---|
| John punches his wife in the face, causing a black eye and a broken nose | Felony domestic violence charges, up to 4 years in state prison |
| Sarah threatens to kill her ex-boyfriend and his new girlfriend if they don’t leave their home | Felony stalking and domestic violence charges, up to 4 years in state prison |
| Michael chokes his girlfriend during an argument, causing her to lose consciousness | Felony domestic violence and assault charges, up to 4 years in state prison |
| Emily slaps her child’s father in the face, causing a cut and swelling | Felony domestic violence and child abuse charges, up to 4 years in state prison |
Defenses to Felony Domestic Violence in California
While felony domestic violence is a serious offense, there are defenses that can be used to mitigate the charges:
- Self-defense: The defendant acted in self-defense or to protect themselves or others from harm
- Accident: The injury was accidental and not intentional
- False allegations: The victim falsely accused the defendant of committing the crime
- Lack of evidence: There is insufficient evidence to prove the defendant committed the crime
Seeking Legal Help for Felony Domestic Violence in California
If you have been charged with felony domestic violence in California, it is essential to seek legal help from an experienced criminal defense attorney. A skilled attorney can help you navigate the criminal justice system, build a strong defense, and achieve the best possible outcome. Some of the benefits of seeking legal help include:
- Reducing charges: An attorney may be able to negotiate a reduction in charges from a felony to a misdemeanor
- Minimizing penalties: An attorney may be able to negotiate a reduction in penalties, such as imprisonment or fines
- Protecting your rights: An attorney can help ensure your rights are protected throughout the criminal justice process
In conclusion, felony domestic violence is a serious criminal offense in California that carries severe consequences. It is essential to understand the laws and consequences surrounding felony domestic violence to ensure your rights are protected and your freedom is preserved. If you have been charged with felony domestic violence, seek legal help from an experienced criminal defense attorney to build a strong defense and achieve the best possible outcome.
