Rainbow Domestic Violence Defense Lawyers
Domestic violence is abuse committed against an intimate partner, as defined under state law. In California, 34.9% of women and 31.1% of men experience physical violence, sexual violence, or stalking by an intimate partner in their lifetimes, as reported by the National Coalition Against Domestic Violence (NCADV).
As of December 31, 2019, California had submitted 12,484 misdemeanor domestic violence convictions to the FBI’s National Instant Criminal Background Check System (NICS). If you have been charged with a domestic violence offense in Rainbow, it is important to speak with an experienced criminal defense lawyer.
Various criminal offenses are considered domestic violence when committed against an “intimate partner.” Under California law, any of the following persons may qualify as an intimate partner in a domestic violence case:
- Spouse or ex-spouse
- Current or former domestic partner
- Current or former fiancé or fiancée
- Person with whom the defendant had a child
- Current or former romantic cohabitant
- Person the defendant is dating or has dated
The following crimes are specifically domestic violence offenses under the California Penal Code:
- Domestic battery: This crime can be defined as the willful and unlawful use of force or violence against an intimate partner. It does not require a visible injury. Domestic battery is a misdemeanor offense with penalties that may include a jail sentence of up to one year and a fine of up to $2,000, or both.
- Corporal injury to a spouse or cohabitant: This offense can be defined as willfully inflicting physical injury on an intimate partner that results in a traumatic condition. A traumatic condition is any type of bodily injury caused by the direct application of physical force. A minor injury is sufficient for charges to be filed. Corporal injury to a spouse or cohabitant is a felony. It is punishable by up to one year in county jail, or two, three, or four years in state prison, or a fine of up to $6,000, or both the fine and imprisonment.
Other common domestic violence offenses include:
- Stalking: Following, harassing, or making credible threats against another person, with the intent to place that person in reasonable fear for his or her safety or the safety of family is the crime of stalking. It carries up to one year in county jail as a misdemeanor, up to five years in state prison as a felony, and a $1,000 fine.
- Criminal threats: This offense is defined as willfully threatening to commit a crime that can result in death or serious bodily injury to another person, with the intent for it to be taken as a threat. Criminal threats is a wobbler, meaning it may be charged as a misdemeanor or a felony, at the discretion of the prosecution. When charged as a felony, a conviction carries a prison sentence of up to four years and counts as a strike under our state’s Three Strikes law. As a misdemeanor, penalties may include up to one year in jail.
In addition to criminal penalties, a domestic violence conviction can mean loss of child custody or visitation rights. It can have a negative impact on your prospects for employment, education, housing, and professional licensing.
Our seasoned Rainbow criminal lawyers at jD Law Criminal Defense Attorneys can protect your rights, guide you through the criminal justice process, challenge every flaw in the prosecution’s case against you, and fight for the best possible outcome on your behalf. If you are facing domestic violence charges in Rainbow, call us today at (760) 630-2000 to schedule a free initial consultation.
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