If you are facing domestic violence charges, it’s important to understand what they mean and how they can affect your life. Domestic violence refers to any act of physical harm or threats of harm against a current or former spouse, partner, or family member. These charges can range from minor misdemeanors to serious felonies with long-lasting consequences.
Perlman & Cohen Los Angeles Criminal Lawyers help you understand the specific charges against you and build a strong defense. We work to protect your rights, whether you are facing domestic assault, physical abuse, or other related charges. Our legal team will guide you through the process and help you achieve the best possible outcome.
Misdemeanor Domestic Violence Charges
Misdemeanor domestic violence charges are the least severe type of domestic violence offense. They typically involve minor physical harm or threats that don’t result in serious injuries. Even though misdemeanors are less severe than felonies, they can still carry consequences, including fines, probation, and mandatory counseling.
Common Examples of Misdemeanor Domestic Violence
- Slapping or pushing: Causing bodily harm or discomfort without causing serious injury.
- Threatening physical harm: Verbally threatening to harm someone, causing fear of harm.
- Destroying property: Damaging the victim’s property, such as breaking items in the home.
- Grabbing or holding someone down: Using physical force without leaving permanent injury.
Felony Domestic Violence Charges
Felony domestic violence charges are more serious and can involve serious physical harm or threats of harm. These charges may be filed if there is a deadly weapon involved, serious bodily harm, or repeated abuse over time. A domestic violence conviction for a felony can result in years in prison.
Common Examples of Felony Domestic Violence
- Aggravated assault: Using a deadly weapon to threaten or cause harm to a family member.
- Serious bodily injury: Causing serious bodily harm that requires medical attention, like broken bones or deep cuts.
- Domestic abuse with a weapon: Using a deadly weapon (see California Penal Code § 12022(b)) during an incident of domestic violence.
- Repeat offenses: Repeated physical abuse or threats, which can lead to felony charges.
Domestic Violence with Aggravating Factors
If aggravating factors are present, domestic violence charges may become more severe. These factors make the crime worse and increase the penalties. Aggravated domestic assault can lead to harsher sentences and longer jail time.
Common Examples of Domestic Violence with Aggravating Factors
- Using a deadly weapon: Threatening or harming with a deadly weapon like a gun or knife.
- Serious bodily injury: Inflicting injuries that cause permanent damage, like scars or loss of function.
- Domestic violence with children present: Committing domestic abuse in front of children can lead to harsher penalties.
- Prior convictions: Having a criminal record with previous domestic violence convictions.
Domestic Battery Charges
Domestic battery charges under California Penal Code § 243 occur when a person uses physical force to harm a family member. These charges are serious and can lead to jail time and other penalties. It’s crucial to defend yourself if you’re facing these charges.
Common Examples of Domestic Battery
- Hitting, punching, or kicking: Using physical force to cause bodily injury or harm.
- Choking or strangling: Restricting someone’s airflow, which can cause serious physical harm.
- Biting or hitting with an object: Causing injury through extreme physical abuse.
Emotional or Psychological Abuse Charges
Emotional or psychological abuse is not always physical, but it can still be harmful. These charges may involve intimidation, threats, or controlling behaviors that cause significant emotional distress to the victim.
Common Examples of Emotional or Psychological Abuse
- Threatening harm: Using threats to instill fear of physical harm (see California Penal Code § 422).
- Controlling behavior: Limiting the victim's freedom, like monitoring their movements or restricting their communication.
- Verbal abuse: Repeatedly insulting or belittling someone to lower their self-esteem.
- Technological abuse: Using technology to track, control, or intimidate the victim.
Sexual Abuse in Domestic Violence Cases
Sexual abuse under California Penal Code § 243.4 can be part of domestic violence and is a serious offense. These charges involve forcing or coercing someone into unwanted sexual acts.
Common Examples of Sexual Abuse in Domestic Violence
- Sexual assault: Forcing or attempting to force sexual contact without consent.
- Rape: Any form of non-consensual sexual intercourse or penetration (see California Penal Code § 261).
- Sexual harassment: Making unwanted sexual advances or comments that create a hostile environment.
Stalking and Harassment Charges
Stalking and harassment under California Penal Code § 646.9 can be part of domestic violence. These charges involve unwanted attention, contact, or monitoring of the victim, which causes them distress or fear.
Common Examples of Stalking and Harassment
- Repeated phone calls: Constantly calling or texting to harass the victim.
- Following or spying: Showing up at the victim’s home, workplace, or other places uninvited.
- Threatening behavior: Making threats that cause fear or intimidation.
Child Abuse in Domestic Violence Cases
Child abuse under California Penal Code § 273a can be emotional, physical, or sexual. It involves harm or the threat of harm to a dependent adult or child and can lead to severe legal consequences.
Common Examples of Child Abuse in Domestic Violence
- Physical harm: Causing serious bodily injury or bruising to a child.
- Emotional harm: Exposing a child to extreme emotional distress, such as yelling or controlling behavior.
- Neglect: Failing to provide basic needs like food, shelter, or medical care.
Restraining Order Violations as Domestic Violence
A restraining order violation can also be charged as domestic violence. Under California Penal Code § 273.6, if you violate a domestic violence restraining order, you may face criminal charges in addition to civil penalties.
Common Examples of Restraining Order Violations as Domestic Violence
- Contacting the protected person: Calling or messaging someone you are forbidden to contact.
- Being too close to the protected person: Ignoring court-ordered distance requirements.
- Threatening or intimidating: Making threats or actions that cause fear to the protected person.
Financial Abuse in Domestic Violence Cases
Financial abuse is a form of control where one partner restricts the other’s access to money, property, or employment opportunities.
Common Examples of Financial Abuse in Domestic Violence
- Withholding money: Refusing to provide funds for basic needs like food or shelter.
- Controlling finances: Taking control of the victim’s bank accounts or income.
- Preventing employment: Forcing the victim to quit their job or preventing them from seeking employment.
Repeat Offenses and Escalation of Charges
If domestic violence charges are repeated or escalated, the criminal justice system may increase the severity of the charges. Repeated offenses can lead to felony charges and longer sentences. The court system will take prior convictions into account, which can make the legal consequences worse.
FAQs
1. Can I be charged with domestic violence for emotional abuse?
Yes, emotional abuse is a form of domestic violence and can lead to charges, depending on the severity of the behavior.
2. What are common defenses against domestic violence charges?
Common defenses include false accusations, self-defense, or lack of sufficient evidence.
3. Can a restraining order affect my job or personal life?
Yes, a restraining order can affect your job, reputation, and personal relationships. It can also restrict where you live or work.
4. What if the accusations are false?
If you are falsely accused of domestic violence, you can defend yourself with evidence and witnesses. An experienced criminal defense lawyer will help you challenge the charges.
5. How serious are domestic violence charges?
Domestic violence charges are very serious and can result in jail time, fines, and a criminal record. If convicted, they can affect your relationships and future opportunities.
Contact Our Los Angeles Domestic Violence Lawyer for a Free Consultation
If you’re facing domestic violence charges, Perlman & Cohen Los Angeles Criminal Lawyers can help. We provide a free consultation to review your case and discuss the best defense strategy.
Our experienced team is dedicated to protecting your rights and ensuring that you have the strongest defense possible. Don’t face these serious charges alone. Contact us today for expert legal representation.
