Even the best relationships are not immune to conflicts. However, the police are forced to intervene when verbal conflicts escalate to physical violence. California domestic violence laws prohibit harming or threatening to injure intimate partners or persons with whom you share blood ties, such as children, siblings, and elderly parents. If you are accused of domestic violence in Bakersfield, CA, your freedom and livelihood could be on the line. This is irrespective of whether the accusations are genuine or fabricated. At Bakersfield Criminal Attorney, we specialize in providing reliable legal defense and can help you dodge or minimize the harsh consequences of a conviction.

There are numerous domestic violence statutes including Penal Code 243(e)(1) which prohibits domestic battery and Penal Code 273.5 that makes it a crime to inflict corporal harm to an intimate partner. California laws are tough, and they even deem it a crime to offensively touch a loved one. Even an incident that doesn’t cause injury could easily leave you serving time and paying both fines and restitution.

How Do California Laws Define Domestic Violence?

Domestic violence, also referred to as domestic abuse, is threatening to exert force or the actual use of physical force against an intimate partner. This could be a domestic partner, spouse, someone you are or were dating, someone you live with or used to live with, or someone with whom you share a child.

Under California’s Family Code, domestic violence laws also cover persons with whom you share blood ties. This makes it a crime to harm siblings, uncles, aunties, nephews, nieces, and even in-laws, just to mention a few.

Abuse is a broad term that describes everything from shoving, hitting, and pushing. You are also guilty of abuse if you throw things at an intimate partner, threaten them or restrict their movements. In domestic violence cases, abuse doesn’t always have to be physical. It could also be verbal, psychological, or emotional.

Types of Domestic Violence Crimes in California

Many forms of domestic violence don’t necessarily involve physical aggression. Even stalking, domineering, neglect, economic deprivation, and intimidation are forms of abuse prohibited under California’s domestic violence laws.

Let’s have a look at some of the common crimes under the domestic abuse umbrella:

Domestic Battery

California laws define battery as the willful and illegal use of violence or force against another person. Domestic battery is when violent force is used against an intimate partner or a former spouse or girlfriend/boyfriend. Compared to an ordinary battery crime, domestic battery is perceived to be more severe. It can carry penalties including:

  • A 1-year jail term or probation (first-time offenders)
  • 48 hours mandatory jail for repeat offenders
  • A fine of up to $2,000
  • Mandatory batterers' treatment program in case of alternative sentencing
  • Restitution for the victim

Inflicting Corporal Injury

Inflicting corporal (bodily) injury on an intimate partner is a felony. A case is perceived as more serious when it involves “traumatic conditions.” This could be the use of force that causes wounds or internal injuries. Traumatic conditions may also involve a defendant attempting to suffocate or strangle a victim.

A first-time conviction for inflicting corporal injury may attract penalties, including:

  • Incarceration for up to 4 years
  • A fine not exceeding $6,000
  • Restitution

In case a judge decides to sentence a defendant to probation instead of jail, he or she may also need to donate money to a battered women’s shelter in place of a fine.

Repeat offenders face more severe punishment. Penalties for a conviction within seven years may include:

  • Incarceration for up to 5 years
  • A fine not exceeding $10,000
  • Restitution

If a judge sentences a defendant with a prior conviction to probation instead of incarceration, he or she must go to prison for 15 days (second-time offenders) or 60 days (defendants with two or more previous offenses).

Child Abuse

Child abuse in California can attract misdemeanor or felony charges. It is a wobbler offense, and the kind of charges you face will highly depend on the degree of harm or injury a child suffers. The punishment for the crime is as follows:

  • 1-year incarceration (misdemeanor)
  • Six years imprisonment in state prison (felony)

California’s child abuse laws leave plenty of room for interpretation. The prosecution must prove that a defendant inflicted cruel or inhuman punishment on a child beyond a reasonable doubt. For an action to be deemed abuse, it must cause visible injury. It must also not be part of “normal” disciplinary action.

Again, the prosecution, judge, and jury interpret “normal disciplinary action” in all ways. This makes it essential to enlist a criminal defense attorney to help with your case. A competent expert can table evidence and arguments that may help in having child abuse charges dropped or reduced.

Child Endangerment

The key difference between child abuse and child endangerment is that the latter doesn’t require the victim to suffer actual (visible) injury. This is also a wobbler offense that can be charged as a misdemeanor or felony depending on whether or not a child faced the risk of severe bodily harm or death.

The laws describe three ways a defendant can commit child endangerment:

  • Intentionally allowing or causing a minor to suffer unjustified physical or psychological pain
  • Deliberately permitting or causing a minor to suffer injuries
  • Knowingly causing or letting a child go into dangerous situations

Some of the most common child endangerment cases involve violating gun safety rules and leaving a child under the care of someone you know is abusive. the penalty may include:

  • 1-year jail time (misdemeanor)
  • A maximum of 6 years behind bars in state prison (felony)

Child Neglect

Children have a right to shelter, food, clothing, and medical care. A parent or guardian that fails to provide these necessities is guilty of child neglect. This is a misdemeanor that carries a penalty of:

  • Up to 1-year incarceration in county jail
  • A fine not exceeding $2,000

The child neglect statute puts a lot of emphasis on the word “willful.” You cannot be guilty of neglect if poor circumstances and not fiscal irresponsibility cause your failure to provide for a child’s basic needs.

Elder Abuse

Abuse against a senior citizen is a wobbler offense. The prosecution has the power to decide whether to impose misdemeanor or felony charges.

An elder abuse misdemeanor offense is punishable by

  • Up to 1-year incarceration in county jail
  • A fine not exceeding $6,000

A felony offense is punishable by

  • 2 or 4 years’ imprisonment in state prison
  • A fine of up to $10,000

Criminal Threats

California’s Penal Code 422 prohibits threatening a person with serious harm. A criminal threat is a wobbler offense, and its penalty includes:

  • A jail sentence of up to 1 year (misdemeanor)
  • Incarceration for up to 4 years (felony)

Three key elements turn a statement into a criminal threat. They include:

  • An explicit account that you will seriously harm or kill the victim
  • A comment capable of causing immense fear
  • A threatening statement made verbally, via an electronic device, or in writing.

Aggravated Trespass

Under California’s Penal Code 601, it is unlawful to make criminal threats and enter someone’s workplace, home, or the proper adjacent to their property. The prosecution needs to prove beyond a reasonable doubt that:

  • You visited the said properties to carry out a threat
  • You had no lawful explanation to be there

Aggravated trespass is also a wobbler offense, and the prosecution will consider your criminal history and the facts of a case before deciding whether to impose felony or misdemeanor charges. The penalties for this crime are as follows:

  • Up to 1-year jail time in county prison (misdemeanor)
  • Up to 3 years’ incarceration in county jail and a $10,000 fine (felony)

Damaging a Telephone Line

It is not rare for domestic abuse perpetrators to damage telephone lines with the hopes of stopping their victims from seeking help. Like aggravated trespass, this is also a wobbler offense that gives the prosecution the discretion of deciding the most appropriate charges.

A misdemeanor attracts the following penalties:

  • 1-year incarceration in county jail
  • A fine not exceeding $1000

If charged with a felony, the punishment is as follows:

  • Up to 3 years’ incarceration in county jail
  • A fine of up to $10,000

Domestic violence is a broad topic that involves numerous Penal Codes. When accused of any form of abuse, it is in your best interests to hire an attorney who understands California laws and the criminal court processes. The above list of types of domestic violence is not exhaustive, and other acts that can attract criminal charges include:

  • Sexual abuse
  • Economic abuse
  • Stalking
  • Violating a protection order, and
  • Revenge porn

Additional Penalties for a Domestic Violence Conviction

Apart from fines, jail time, and restitution, a domestic violence conviction may tag along with numerous other penalties. They include:

A Permanent Criminal Record

Irrespective of whether you are charged with a felony or misdemeanor, any domestic abuse conviction will earn you a permanent criminal record. This record can be accessed during housing and employment background checks, which could have an adverse impact on your livelihood.

Loss of Custody

A conviction may also put you at a loss of custody of your children. California denies domestic abusers the custody of minor children, although you may still obtain reasonable monitored visitation rights.

Mandatory Minimums

Sometimes, a judge may opt to consider alternative sentencing. For instance, he/she may sentence a defendant to probation instead of incarceration. While this seems like a pretty good deal, some crimes make it mandatory for abusers to serve a jail term not exceeding 30 days. Even though this is not as bad as spending a year behind bars, it may still take a toll on your employment, reputation, and overall livelihood.

Compulsory Participation in a Batterers Program

Depending on the crime you are accused of committing, a judge may impose the usual penalties and include mandatory participation in batterers counseling or rehabilitation programs. Attending these courses requires money and time (typically a year), which may again impact your ability to lead your normal life.

Deportation

Under the U.S. immigration law, most domestic violence cases fall under crimes or immorality or aggravated felonies and could cause deportation.

Even a minor misunderstanding that leaves you raising your voice or hauling threats can easily earn you a domestic violence conviction. When it comes to domestic abuse, all cases are taken seriously and often attract harsh consequences. Whether you are a first-time or repeat offender, much is at stake, and you need a competent criminal defense attorney to help ensure your case comes to the best possible conclusion.

Understanding the Court Process for Domestic Violence Cases

A good fraction of domestic violence cases do not make it to trial. However, it is crucial to be prepared for this, especially if the prosecution has strong evidence against you.

Here is what to expect of the court process from start to finish:

The Arrest of a Defendant

A 911 call from a domestic violence victim is enough grounds for the police to make an arrest. This is more so if they can gather adequate evidence of a physical assault. After the arrest, a victim may obtain a no-contact order against a defendant, or the courts may issue one if they have reason to believe a victim is at risk of impending harm.

Arraignment

The arraignment hearing is where you meet a judge for the first time, hear your charges and enter a plea. Whether it is best to plead guilty or not guilty will highly depend on your case’s unique circumstances. You may want to work with an attorney who can evaluate your case in detail and provide much-needed legal guidance.

The Hearings

The next steps are the pretrial and motion hearings. It is crucial to prepare for these hearings and attend them with a good understanding of what to expect.

Some of the elements that increase the chances of a conviction include the severity of the injuries sustained by a victim and your past criminal convictions. Even with this, a skilled attorney can still file legal motions to have the entire case or unsupported charges dismissed. Successful motions undercut the prosecutor’s case, increasing the chances of a good outcome.

If the prosecution lacks adequate incriminating evidence against you, they may be willing to offer you a great deal. Without a strong case, the prosecution may drop or reduce your charges to avoid the expenses, time, and risks prone to the trial phase.

Trial

There are numerous reasons why the prosecution and defense may not reach a consensus. It could be that a defendant is genuinely innocent or the prosecution offered a raw deal. Either way, defendants have a right to choose a trial by a judge or a jury. If you opt for trial, you owe yourself the favor of having a reliable legal defense team in your corner.

It takes time and skill to develop and present a strong defense during the trial. Because of the criminal trial’s complex nature, make sure you start working with an attorney way before the arraignment hearing. The expert needs adequate time to investigate your case’s facts and decide on the best way to challenge a prosecutor’s evidence.

When it comes to domestic violence cases, there are different ways a criminal defense attorney can win. Dismissal of charges, obtaining a favorable plea deal, successful motions to suppress evidence, or obtaining a favorable verdict from a jury or judge are all considered wins. Irrespective of how complex your case may seem, a reliable lawyer can help you avoid the harsh consequences of a conviction.

Best Legal Defenses to Fight Domestic Violence Charges

Domestic Violence cases are particularly sensitive and are best addressed immediately by an experienced domestic violence attorney. If you are wrongfully accused or the accusations made against you are exaggerated, a lawyer can help unveil the truth to have your charge dismissed or reduced. The expert will assert your constitutional rights to prevent unwarranted charges or an unjust conviction.

Moreover, some defenses may come in handy when representing your case. Skilled criminal defense attorneys are well acquainted with the ins and outs of criminal case processes allied with domestic abuse charges. They can put their skills to work and build a solid defense strategy that works in your favor.

Some of the best defenses that could be used include:

Fabricated Accusations

People lie for all sorts of reasons. Unfortunately, not all who claim to be victims of physical assault are truthful about their accusations. Victims are known to cook up domestic violence stories out of jealousy, anger, or spite. They could also victimize themselves with the hopes of achieving a better outcome during divorce or child custody proceedings.

A skilled lawyer will be attentive to detail. The expert will be able to highlight inconsistencies in the proof against a defendant. A victim’s version of what happened may also be impractical, making it possible to have charges dropped. Depending on your case’s circumstances, an attorney may also find witnesses to vouch for your character.

It Wasn’t You

It’s hard to deny guilt when a victim is injured and even has substantial evidence against you. Lawyers understand the extent victims can go in the attempts to make a lie stick. They have the skills to create alternative theories that explain a victim’s injury. For instance, your charges are likely to be dropped if your attorney can present proof that you were not close to a specific property at the time of an alleged incident or you have an alibi.

Lack of Intent (An Incident Was Accidental)

One of the elements the prosecution must prove is the intention of a defendant to harm a victim. If you can present proof that shows an incident was accidental, then the prosecutor cannot convict you of domestic violence. Typically, the prosecution bears the burden of proof and is tasked with demonstrating your ulterior motives before a conviction.

Your criminal attorney will study the facts of your case and highlight any inconsistencies with the evidence. For instance, inconsistencies with witness testimonies or questions arising from the police report could have a case thrown out. An attorney could also call for medical experts’ expertise to help decide whether specific wounds are defensive or self-inflicted.

Self-Defense

Another valid defense is that you had to use force against a victim to protect yourself or a loved one. This defense tends to work better if a victim has been accused of domestic violence in the past. In this case, a defendant can claim that he/she believed there was an imminent threat of injury and had to self-protect.

Technical Defenses

When battling any kind of criminal charges, you could achieve the outcome by using technical defenses. For instance, a judge is likely to dismiss charges if the police didn’t read your Miranda rights before an arrest or they denied you a chance to speak to your lawyer. Any technicality that shows bias or the lack of probable cause could have your charges dropped.

Domestic violence laws mainly protect the victims. This makes it challenging to fight charges, irrespective of how minor they may seem. The only way to ensure your case comes to a favorable conclusion is to seek the expertise of a skilled lawyer who can create a concrete defense strategy on your behalf.

Find a Bakersfield Criminal Attorney Near Me

Domestic violence cases are delicate, and that is why you need a qualified and skilled attorney defending you. It is not foreign for “victims” to call the police and fabricate or exaggerate what happened, only to realize they overreacted once they cool off. Unfortunately, you may still face charges, even if a victim withdraws a case. At Bakersfield Criminal Attorney, we have the best legal defense team that can use different resources and strategies to unveil the truth. We can help you recant a domestic violence claim or provide evidence to have your charges reduced or thrown out. You can also entrust us with the task of defending you against unjust harassment or restraining orders in Bakersfield, CA. Contact us today at 661-750-8230 for a free, confidential review of your case.