Domestic Violence
- dkhdefense
- Jan 31, 2024
- 1 min read
The law for misdemeanor domestic violence falls under California Penal Code Sections 273.5(a) and 243(e)(1).
Both charges carry a 1 year maximum jail sentence and will require 1 year of domestic violence classes.
Penal Code 273.5(a) elements:
1. Defendant willfully inflicted corporal injury on victim;
2. Victim was either:
defendant's spouse or former spouse, person with whom he or she is or was cohabitating with, fiancé or fiancée, or someone with whom the offender has or previously had an engagement or dating relationship, the mother or father of his or her child; AND
3. Corporal injury resulted in a traumatic condition.
Penal Code 243(e)(1) elements:
1. Defendant committed battery upon Victim; AND
2. At the time of the battery, Victim was the defendant's spouse or fiance, or an individual with whom defendant currently has, or has previously had, a dating relationship.
If you are facing a domestic violence charge, contact me ASAP, so I can handle your case with expertise to get you the best outcome possible.