Domestic violence can have serious consequences, both physical and mental. It can completely wreck an individual’s life. Studies show that it leads to depression, substance abuse, and PTSD. Children, too, are deeply impacted by it.
Ventura County in California records about 7,000 domestic abuse cases every year. That excludes elder abuse and child neglect. However, there are times when you could be falsely accused of it. That too, can leave you devastated financially, mentally, physically, and professionally.
California has strict punishments for these charges, including fines, prison sentences, and probation. In such cases, you will need a Ventura Criminal Defense Lawyer to represent you legally. They will fight your case and plan a legal strategy to ensure the best outcome.
What are some of the things you should know about it? What are the ways your lawyer will defend your case? Read on to find out.
How does California law define domestic violence?
Under California law, domestic abuse is covered by Penal Code 13700. It is defined as intentionally causing bodily injury to another family member. It also includes placing them in physically dangerous situations.
The family member could be an adult, ex-spouse, spouse, someone with whom they have a child, or are engaged in an intimate relationship. During the time of the incident, the two parties should have been cohabitants. Some factors that determine these are:
- Sexual relationship under the same roof or house
- Sharing of income and household expenses
- Joint use of property
- Duration of the relationship
What are the penalties involved?
The punishment will largely depend on what crime the accused is found guilty of under the law of California.
Domestic battery charges
Domestic battery convictions involve a spouse, former spouse, parents, or fiancee. They are categorized as a misdemeanor in the state of California. The punishment could be a year in county jail, a lifetime criminal record, a $2000 fine, and a restraining order. The court may direct the accused to take a batterer’s treatment program or fund a battered women’s shelter.
Corporal injuries are mentioned under Penal Code 273.5. Regardless of whether the physical injury is significant or minor, it will be classified as a felony. If the accused has a criminal record, things could get worse for them. In such cases, punishments include a four-year prison sentence, restraining order, $6000 fine, and permanent criminal public record.
Penal Code Section 422 covers criminal threats. Under this section, it’s illegal for a partner to threaten another with significant bodily injury or death. The statement could be made verbally, through an electric device, or in writing. It would be recorded and taken seriously even if there was no intention of carrying it out.
The court could punish the accused with four years in state prison, a fine of $10000, and a restraining order.
Why is having an attorney necessary?
The services of a Ventura Criminal Defense Lawyer in domestic abuse cases will be indispensable. Your attorney will provide you with proper legal advice and help you make intelligent decisions.
Such criminal cases require structured legal defense strategies. They could do that by arguing that the injury was an accident, the action involved self-defense or that it is a case of false accusation. They could also defend you in court and handle the legal proceedings if the other party takes you to court. You can also depend on them for moral and physical support during the trial. In some cases, they might even try negotiating with the prosecutor to have the charges reduced or even dismissed.
You should waste no time hiring an experienced, trustworthy, and reliable Ventura Criminal Defense Lawyer to handle a domestic abuse lawsuit. They will know how to deal with your case and help you secure a favorable verdict in the court.