If you’ve been arrested for domestic violence in California, it’s important to understand what this means. California Penal Code § 13700 defines domestic violence as abuse committed against someone with whom the accused has or had a qualifying intimate or family relationship.
“Abuse” includes intentionally or recklessly causing bodily injury, attempting to cause bodily injury, or placing someone in reasonable fear of imminent serious bodily injury, either to themselves or to someone else.
Who Is Covered by California Domestic Violence Laws?
A domestic violence victim isn’t limited to a current spouse. Under California law, the following people are protected:
- Spouse or former spouse
- Current or former cohabitant (someone you live or lived with in a qualifying relationship)
- Someone with whom the accused shares a child
- Current or former dating partner
- Current or former fiancé
For civil restraining orders, coverage extends to specified close family members. You don’t have to be married or currently living together for these laws to apply.
Common Domestic Violence Charges in California
California law includes several possible domestic violence charges. Here are two of the most frequently charged offenses:
Domestic Battery
Domestic battery is one of the most common charges. To prove this offense, prosecutors generally must show:
- The defendant willfully touched the other person
- The touching was harmful or offensive
- There was a qualifying domestic relationship
No visible injury is necessary; just harmful or offensive contact is enough. This is typically charged as a misdemeanor, and consequences may include:
- Up to one year in county jail
- A fine of up to $2,000
Probation, as well as participation in a batterer’s intervention program, may also be ordered.
Corporal Injury to a Spouse or Cohabitant
This charge is considered more serious. Corporal injury requires proof of physical injury that results in a “traumatic condition.” That could include wounds, bruises, or even minor injuries, and specifically covers injuries from acts such as strangulation or suffocation. The statute covers spouses, former spouses, dating partners, cohabitants, fiancés, and anyone who shares a child with the accused.
This charge is a “wobbler,” meaning it can be filed as either a misdemeanor or a felony, depending on the facts and history. For a misdemeanor, the penalties include up to 1 year in county jail and a fine of up to $6,000. For a felony, the defendant can receive 2, 3, or 4 years in state prison, and a fine of up to $6,000.
If the defendant has specific prior convictions for domestic violence or related offenses within the last seven years, California law allows for enhanced penalties on a new domestic violence charge. The prison sentence could increase to 2, 4, or 5 years in state prison, and fines could increase to up to $10,000.
What Defenses May Apply to a Domestic Violence Charge?
Not every accusation or arrest leads to a conviction. Depending on the facts of the case, several defenses may be available when facing a domestic violence charge in California.
Common defenses include:
- False accusation or mistaken identity
- Lack of sufficient evidence
- Self-defense or defense of others
- The alleged incident was accidental, not intentional
- No qualifying domestic relationship as defined by law
- No harmful or offensive touching occurred
Which defenses make sense depends on the facts of each case. Speaking with an experienced criminal defense lawyer is the best way to understand your options and build a strong defense.
Contact Law Office of Nabiel C. Ahmed To Schedule a Time To Speak With an Oakland Domestic Violence Attorney
Facing a domestic violence charge in California can have serious and lasting consequences, especially if you have prior convictions that may increase the penalties. Whether you have questions about the charges or what your options are moving forward, it’s important to get legal guidance as early as possible.
If you’re navigating a domestic violence allegation or investigation, contact Law Office of Nabiel C. Ahmed to schedule a confidential consultation with an Oakland domestic violence lawyer.
We have convenient locations in Oakland and San Ramon, California.
Law Office of Nabiel C. Ahmed – Oakland
1305 Franklin St #411, Oakland, CA 94612
(510) 271-0010
We are available 24/7
Law Office of Nabiel C. Ahmed – San Ramon
2551 San Ramon Valley Blvd #206, San Ramon, CA 94583
925-725-4003
We are available 24/7
