Los Angeles Domestic Violence Lawyer

Here is a brief overview of some domestic violence charges you may face under California law:

• Wrongful Death (CCP § 377.60) compensates the surviving family members for what you’ve lost, including the financial support they would’ve
• Corporal Injury to Spouse (Penal Code 273.5(a) PC): Corporal Injury to a Spouse is typically classified as a felony, punishable by 2-4 years in state prison. However, it can also be charged as a misdemeanor, carrying a maximum penalty of 1 year in county jail. The prosecutor must prove intentional injury to a specific relationship, such as a spouse or cohabitant. Severity of injury does not matter.
• Criminal Threats (Penal Code 422 PC): Willfully threatening to commit a crime that will result in death or great bodily injury to another person, with the specific intent that the statement is taken as a threat. It can be charged as either a felony or a misdemeanor. If charged as a felony, the potential punishment is 16 months, 2, or 3 years in state prison.
• Battery (Penal Code 242 PC & 243 PC): Any willful and unlawful use of force or violence upon the person of another. Commonly referred to as a physical altercation or a bar scuffle, actions such as pushing someone away from you can lead to the filing of this charge against you. When charged as a misdemeanor, this offense carries a potential sentence of up to 1 year in jail.
• Attempted Rape (Penal Code 664/261 PC): In the United States, attempted rape within a domestic setting is taken very seriously. It refers to trying to engage in sexual activity without the other person’s consent. Accusations of this nature carry significant consequences. In California, it falls under PC 290, and being found guilty could result in a prison sentence of up to 4.5 years.
• Rape (Penal Code 261 PC): Nonconsensual sexual intercourse, which occurs when someone uses threats, force, or deception, or when the victim is unconscious or unable to give consent, is considered a grave offense. When rape occurs within a domestic relationship, it is particularly serious. In California, this offense is typically charged under California Penal Code 261, and if convicted, the person responsible could face up to eight years of imprisonment.
• Stalking (Penal Code 646.9 PC): Stalking is the repeated and intentional following or harassing of a person, often involving threats that make the victim fear for their safety or the safety of their family. This can happen within a domestic setting and may include monitoring and repeated contact. Stalking can result in misdemeanor or felony charges, and a conviction can lead to up to 5 years in jail or prison.
• Assault (Penal Code 240 PC & 241 PC): Assault, under Penal Code 240 PC & 241 PC, involves an unlawful attempt, along with the ability, to cause harm to another person. This misdemeanor offense carries a maximum penalty of 1 year in jail. The prosecutor must demonstrate that you tried to violently injure someone when you had the means to do so. It is not necessary for the victim to be injured. Assault commonly occurs during heated arguments when one person tries to physically attack another but fails to make contact. Even without successfully hitting the other person, you can still face charges for this offense.
• Child Abuse (Penal Code 273(d) PC): In California under Penal Code 273d PC, child abuse involves inflicting corporal punishment or injury on a child. While reasonable spankings are allowed, any cruel punishment or causing injury is considered child abuse. If the abuse results in a traumatic condition, the perpetrator may face up to six years in state prison and/or fines reaching $6,000, without any sentencing enhancement.
• Elder Abuse (Penal Code 368 PC): California’s Penal Code 368 PC addresses elder abuse, which is a “wobbler” offense that can be charged for inflicting physical or emotional abuse, neglect, endangerment, or financial fraud on a victim aged 65 or older. Elder abuse can be classified as a misdemeanor, with potential penalties of up to one year in jail. However, if it is considered a domestic violence felony, the penalties may include up to four years in state prison and/or fines of up to $10,000.
• Child Endangerment (Penal Code 273(a) PC): In California, Penal Code 273a PC defines child endangerment as deliberately causing or allowing a child in your care to suffer harm or be endangered. This includes situations such as allowing domestic violence to occur in the presence of a child or operating a meth lab in the same home as a child. If the child is at risk of great bodily harm, it is a “wobbler” offense and can result in up to six years in prison and/or fines of up to $10,000 for felonies and up to one year in jail and/or fines of up to $1,000 for misdemeanors. If the child is not at risk of great bodily harm, child endangerment is considered a misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000.
• Child Neglect (Penal Code 270 PC): California’s Penal Code 270 PC states that it is a crime for a parent to knowingly fail to provide necessities to their minor child. Child neglect is generally classified as a misdemeanor, punishable by a fine of up to $2,000 and/or a maximum of one year in county jail. However, if a parent refuses to provide care after being legally recognized as a parent by a court, child neglect can be charged as a felony, carrying penalties of one year plus one day in state prison and/or a fine of up to $2,000.
• Damaging A Telephone Line (Penal Code 591 PC): California’s Penal Code 591 PC addresses the offense of damaging a telephone line, specifically making it a crime to maliciously cut or damage phone lines or equipment. This includes scenarios where a domestic abuser prevents their victim from making a phone call. It can be charged as either a misdemeanor or a felony. If charged as a felony, potential penalties may include a fine of up to $10,000 and/or imprisonment for up to three years.
• Aggravated Trespass (Penal Code 601 PC): Under California’s Penal Code 601 PC, the offense of “aggravated trespass” is committed when someone makes a criminal threat and subsequently enters the person’s home or workplace within 30 days with the intention of carrying out the threat. Aggravated trespass can be charged as either a misdemeanor or a felony. If convicted of a felony, possible penalties include imprisonment for up to three years and/or fines up to $2,000.