If you’ve been accused of domestic violence, our team at Ridley Defense is here to support you and guide you through this difficult time. When you choose our firm to represent you, you are gaining an advocate in and out of the courtroom. Our focus is not only on getting you the best possible outcome in your case, but also on putting your life back together.
Our attorneys are here to help. We will walk you through the criminal court process. Domestic violence charges are unique. In some cases, a judge may grant the victim a restraining order or temporary custody. No matter what the circumstances of your case, it is always advisable to retain legal services as soon as possible if you have been arrested for domestic violence.
In many cases, our attorneys can speak with a prosecutor before charges are even filed. When we can give the prosecution the rest of the story, beyond what is written in the police reports they review, that can give them a fuller understanding of what happened leading to your arrest. Speaking with a prosecutor early and often in a domestic violence case can help to get the charges reduced or dismissed.
If you have been arrested for domestic violence in Ventura County or anywhere in Southern California, Ridley Defense can help. Contact our attorneys today for a complimentary consultation.
Penal Code 243(e)(1) – Misdemeanor Domestic Violence
A misdemeanor domestic violence charge is codified under Penal Code 243(e)(1) and defined as:
“a battery… committed against a spouse, a person with whom the defendant is cohabitating, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship.”
A person convicted under Penal Code 243(e)(1) may be fined up to two thousand dollars ($2,000) or sentenced up to one (1) year in county jail, or both. The court may also require a person convicted under this statute to complete a batterer’s treatment program, make payments to a battered women’s shelter, and make restitution to the victim.
Penal Code 273.5 – Felony Domestic Violence
A felony domestic violence charge in California is codified under Penal Code 273.5(a). Any person may be convicted under this statute if he or she:
“[W}illfully inflicts corporal injury resulting in a traumatic condition upon a victim.”
In order to be prosecuted under Penal Code 273.5, the prosecutor must show that the victim is:
Under Penal Code 273.5(d), traumatic condition is defined as “a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force.”
In addition to the penalties applicable in a misdemeanor domestic violence case, a person convicted of Penal Code 273.5 may be punished by two, three, or four years in state prison, a fine of up to six thousand dollars ($6,000), or both.
Related Domestic Violence Charges
Domestic violence is not always charged as a single offense. There may be additional charges accompanying your case. The most common violations include:
Even an arrest for domestic violence can be demoralizing. A person charged under Penal Code 243(e)(1) or 273.5 could face the loss of their custody rights and the loss of their freedom. If you have been charged with domestic violence in Ventura County, you need experience you can trust. You need attorneys who are respected throughout the courts and looked to in the legal community as leaders in criminal defense.