Domestic Violence California Penal Codes and Penalties


Posted July 12, 2017 by domesticviolencelaw

This article discusses domestic violence and the associates California Penal Codes as well as the associated penalties and their terms.

 
Domestic violence varies in the scale of violence that is shown during the abuse. The law that is used to charge someone for domestic violence takes into consideration the injury suffered by the alleged victim. The three domestic violence laws used in California are:

1.“Domestic” or “spousal battery” - this is the least serious and most common form of domestic violence in California’s domestic violence criminal charges. It is characterized by no injuries being sustained by the alleged victim. Domestic or spousal battery is punishable under California Penal Code Section 243(e) (1) by way of a misdemeanor. The punishment includes a jail sentence of no more than one year and the following additional consequences:
-one year or more of domestic violence counseling
-probation of 3 to 5 years
-a fine of up to $2000

2.Corporal injury on a spouse involves the inflicting of injury on a person with whom the perpetrator has had a prior or is having a relationship with. It is governed by California Penal Code Section 273.5, the penalty associated with this offence is called a ‘wobbler’ as the punishment can either be a misdemeanor or a felony. The associated punishment for corporal injury on a spouse is, if charged as a misdemeanor up to 1 year in jail and if charged as a felony 2 to 4 years in state prison. The additional consequences are:
-one year or more of domestic violence counseling,
-probation for 3 to 5 years,
-a fine of up to $2000

3.Aggravated battery - this is set out in California Penal Code Section 2403(d). It involves serious bodily harm and injury. The violation type can be a felony or misdemeanor depending on the facts of the case and the prosecutor’s discretion. The associated punishment if charged has a misdemeanor is up to 1 year in jail and if charged as a felony 2 to 4 years in state prison. Additional consequences include:

-one year or more of domestic violence counseling.
All of the above are punishments associated with a person charged with domestic violence first offensive. Where an individual is charged with a second conviction of battery with serious bodily injury within 7 years, the California Penal Code 243 set out the violation can be a felony or a misdemeanor where a person is charged with a misdemeanor they face up to one year in jail and if they are charged with a felony: 2 to 4 years in state prison. Additional consequences involved are 1 year or more of domestic violence counseling.

An attorney from the Law Office of Randy Collins stated when referring to an article discussing criminal justice reforms that, “while the bill was yet to be passed, that issue of violent and nonviolent crimes was of prime importance especially in domestic violence cases as the basic definition of domestic violence encompasses words ‘violence and aggression’ perpetuated by the behavior of the perpetrator. While the different penal codes focus on the degree of injury, domestic violence is not short on ‘violence’ itself”. The attorney’s comments were directed at an article published by nondoc.com entitled “Crime Justice Reform: We're Making Them Meaner in Prison”.

[b]About the company:[/b]

The Law Office of Randy Collins is criminal defense law firm that handles matters pertaining to criminal law. They firmly believe that every accused person has the right to a fair trial and they will be the voice of the defendants. For charges in respect of 273a a PC , choose the Law Office of Randy Collins as your defense attorney of choice.
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Last Updated July 12, 2017