Domestic Violence Crimes and Misdemeanors Punishments often increase when the victim suffers serious bodily injury as a result of the defendant's conduct. The prosecutor can file bodily injury charges against a spouse under California Penal Code Section 273, 5, as a felony or a misdemeanor. The answer is that it certainly can be. Under certain circumstances, domestic violence can be a serious crime in California.
The criminal charge of bodily injury to a spouse is tried in California courts as a felony. You can be charged with this crime of domestic violence if the situation involves injury to the victim caused by a traumatic physical condition. In accordance with applicable law, the determination of a traumatic condition in domestic violence cases is made if the victim has received an apparent injury or injury. It's not uncommon for people seeking leverage or revenge to file domestic assault claims.
As a criminal defense attorney in Los Angeles County, CA can explain, domestic violence can only be charged when there is a particular relationship between the defendant and the victim. Domestic violence is generally charged as a misdemeanor rather than a felony, unless the incident caused an injury or involved a deadly weapon or a child victim. The legal consequences of domestic violence in California could include fines, counseling, probation, community service, or imprisonment. If there are images of bruises in a domestic violence case but the victim doesn't testify, the case can move forward.
Domestic violence under PC 273.5 is a wobble offense, allowing the discretionary prosecutor to charge you with a misdemeanor or felony. The harsher penalties of a conviction and the immediate consequences of prosecution make domestic violence a common tool for achieving it. Domestic violence is a problem in California, which means you can be charged as a felony or a misdemeanor depending on the facts of the case and the defendant's criminal history. In addition, the severity of a victim's injuries influences how a domestic violence case is prosecuted in California.
Apparent physical injury is not required for a victim to file a domestic violence assault charge against them. In general, if any of these crimes are committed against the following individuals, it escalates to domestic violence. By the way, minor bruises are also considered valid grounds for a felony domestic violence charge in California. It remains accessible to individuals considering it for public employment, as well as law enforcement and court personnel to improve sentencing if you commit a subsequent felony.
California's penal code defines spousal assault as the deliberate and unlawful use of violence against a spouse or cohabitant. If the defendant did not initiate the violence and was defending himself, or another person, it can be a strong defense.
