California Penal Code Section 273.5 is California’s domestic violence offense and requires the following to prove:
a) Corporal (bodily) injury was willfully inflicted on your current or former spouse, your current or former co-habitant-someone you shared a residence with, or the mother or father of your child.
b) The injury suffered was a “traumatic condition”, such as a visible physical wound or bodily injury.
This conviction can involve fines, jail or prison time, and court-ordered counseling and classes such as domestic violence classes and anger classes.
Prosecutors can choose to file it as either a misdemeanor or a felony.
A misdemeanor conviction encompasses 3 years of informal probation; up to a year in county jail, 52 weeks domestic violence and/or anger classes and fines. There is typically a protective order and restraining issued protecting the victim from future acts of violence, threats and abuse from the perpetrator.
If someone is convicted of a felony domestic violence offense in California, then there would be formal probation, 2, 3, or 4 years in State prison, possible strike allegations and additional prison time if great bodily injury was inflicted plus all the other consequences mentioned on a misdemeanor conviction such as fines and counseling and classes.
In the instance that the victim does not cooperate with the prosecution, the case can still go forward by the prosecution, however, it may affect how the district attorney handles the case as it may be more amenable to a plea bargained agreement should the victim not want to cooperate or testify against the perpetrator.
If you or a loved one has been arrested for domestic violence, it is imperative you contact our firm. Hiring an experienced domestic violence law firm is the best way to ensure you keep your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years. Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.