In the State of California, domestic violence charges are considered wobblers. This means that the prosecution can choose to charge the suspect with either a misdemeanor or a felony, depending on the circumstances surrounding the crime. If the prosecution chooses to charge you with felony domestic violence, the penalties are considerably more severe, and could have lifelong consequences, like a strike on your record.
California Penal Code 273.5 PC is also known as California's domestic violence law. It includes the crimes of domestic violence, domestic abuse, corporal injury, spousal abuse and spousal battery. If you inflicted serious bodily injury to your spouse or domestic partner, then the prosecution could choose to charge you with a felony.
If you inflicted serious bodily harm to any other person other than your spouse at the time of the incident, then you could serve an additional 3—5 year sentence for that violent act.
Jim and Donna are fighting and it is getting very heated. When Jim threatens to hit Donna, her sister Kim steps in to break up the fight. In an instant, Jim pushes Kim, causing Kim to fall down the stairs and sustain serious injury. Even though Kim isn't Jim's intimate partner, he could face the additional sentencing enhancement.
When battery is committed, you use unlawful force or violence on another person. In domestic violence cases, battery is punished more severely and can trigger increased penalties. When this occurs, you need an experienced Oakland domestic violence defense lawyer on your side to build a solid and aggressive defense against these serious charges. If the alleged victim sustained serious bodily injury, you will need a defense lawyer who can investigate all aspects of the case and negotiate for a reduced sentence and probation in lieu of jail time.
If you are facing felony charges for domestic violence in the State of California, you may feel like all hope is lost. Yet even when the evidence seems stacked against you, there are defenses your lawyer can employ to have the charges reduced or even dismissed. If you acted in self-defense, then your attorney may be able to show that the resulting injuries were inflicted out of self-defense and not domestic violence.
Donna and Jim were arguing heatedly and the neighbors called the police. Shortly before their arrival, Donna lunged at Jim with a kitchen knife. In order to protect himself, Jim quickly jumped out of her reach, causing Donna to fall on the knife. Donna sustained serious injuries and Jim was arrested and charged with felony domestic violence. His Oakland domestic violence lawyer was able to show that Jim acted in self-defense and all charges were dismissed.
Our firm is proud to serve clients throughout Oakland, San Francisco, Walnut Creek, and East Bay. Contact our Oakland domestic violence defense attorney from the Law Office of Nabiel C. Ahmed today to set up a free review of your case. You can reach us at (510) 907-6600.