Penal Code 273.5 PC – Spousal Abuse Defense
In Orange County and Riverside California, penal code 273.5 PC punishes those who are found guilty of spousal abuse, battery, corporal injury, domestic abuse, and/or domestic violence. Those accused of domestic violence in California can face a misdemeanor or a felony charge depending upon the specifics of their case.
Unlike some crimes, victims of domestic abuse are often unable to “drop the charges” against you after an investigation has begun.
Violators can expect prosecutors to pursue maximum penalties even if the alleged victim reverses his or her statements.
Domestic violence arrests usually occur following a loud verbal argument that becomes a physical altercation. The victim or someone who overhears the fight calls the police and a police officer arrives to take a statement from the alleged victim.
If the officer identifies any injury, they will then begin to photograph the injury and the area in which the injury occurred. A 273.5 PC domestic violence case can be made from the smallest of injuries and are very difficult to dismiss once the process of obtaining evidence has begun.
California Penalties for PC 273.5 Violations
As previously stated, a criminal conviction for violation of Penal Code 273.5 can result in a misdemeanor or a felony. Whether a defendant will be charged with PC 273.5 felony is usually based upon the injuries sustained by the victim and the defendant’s history of violence and criminal activity.
A misdemeanor violation of PC 273.5 can result in
– Three years of informal probation
– A year in the county jail
– $6,000 in fines
– Scheduled payments to battered women organizations
– Scheduled payments to the alleged victim
– A protective order
– A restraining order
– A year’s worth of abuse classes
– Counseling services
– Community service
A felony violation of PC 273.5 can result in
– Formal probation
– Four years in prison
– Five additional years for inflicting “great bodily injury”
– Payments, orders, abuse classes, community service, and counseling
There are several ways in which a person can fight charges for domestic violence. Common strategies include claims of self-defense, accidental injuries, and false claims by the victim.
It is important to note that defense strategies used during court proceedings for domestic violence can vary widely, many of which are only applicable under very specific circumstances.
There are circumstances where a person can inflict injures while trying to protect themselves. An example would be if a defendant’s wife was hitting him repeatedly and the defendant attempts to restrain his wife, but injures her while trying to do so. There may be a genuine claim of self-defense by the defendant under these circumstances.
If injuries were sustained as a result of some kind of accident, that is not a crime. Unfortunately, this can be very difficult to prove in a court of law.
It is not uncommon for a person to make false accusations against another for the purpose of revenge. Many times, the person guilty of making false claims tries to make things right, but it is too late. People can make bad decisions when emotionally distraught, and a domestic violence charge can be the result.
Those who are facing domestic violence charges in California are encouraged to speak with an experienced and trusted legal professional. An experienced attorney will be able to advise you of your options and help you to better understand the charges brought against you.