Expert Domestic Violence Defense
Criminal Attorney Peter Sebastian
I Help Good People Who Have Made a Mistake
Criminal Attorney
Peter Sebastian
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Serious Assault Charges Require Immediate Action—You Need an Experienced Attorney on Your Side
Call (310) 281-2869 or fill in the form below to get a Free Consultation within 24 hours.
Serious Assault Charges Require Immediate Action—You Need an Experienced Attorney on Your Side
Get a Free No-Obligation Consultation With a Criminal Attorney Who Can Help You
Call (310) 281-2869 or fill in the form below to get a Free Consultation within 24 hours.
What You Should Know About Domestic Violence
Domestic Violence, PC 273.5, involves causing physical harm or injury to a current or former spouse, cohabitant, or someone with whom the accused has or had a romantic relationship. This is a wobbler offense, meaning it can be charged as either a felony or misdemeanor depending on the severity of the injuries and the circumstances of the case.
A misdemeanor conviction for domestic violence can result in up to one year in county jail, fines of up to $6,000, and mandatory participation in a domestic violence program. A felony conviction may lead to a prison sentence of two, three, or four years in state prison.
Relationships Covered
Domestic violence charges apply to a wide range of relationships, not only spouses. This includes people who live together, are dating, or have a child together. It also covers former relationships.
Types of Harm
Physical injury is key to this crime. Even minor injuries, such as bruising or swelling, can lead to charges. However, the injury must be intentionally caused. Accidental harm does not typically qualify.
Prior Convictions
If the defendant has a prior conviction for domestic violence, any subsequent incident is more likely to be charged as a felony, with harsher penalties..
Restraining Orders
A conviction often results in a restraining order that limits contact with the victim. Violating a restraining order can lead to additional criminal charges.
Impact on Custody
A domestic violence conviction can affect child custody arrangements, with courts favoring the parent who has not been involved in domestic violence.
Immigration Consequences
Domestic violence is considered a crime of moral turpitude, meaning non-citizens could face deportation or other immigration consequences if convicted.
Because the penalties for domestic violence are severe, it is crucial to defend against these charges aggressively, especially in situations where the allegations may stem from misunderstandings or false accusations.
