San Jose Domestic Violence Lawyer
There are several crimes which are considered to be crimes of domestic violence. These crimes include:
The California penal code defines abuse as "intentionally or recklessly causing or attempting to cause bodily injury, or placing another
person in reasonable apprehension of imminent, serious bodily injury to himself, herself or another". Domestic violence can refer to
violence between spouses, partners, former partners or spouses, children, individuals involved in a dating relationship, or elder abuse.
Categories of crimes, which are often charged in a domestic violence case are:
- Penal Code Section 273.5 : willful infliction of corporal injury on a spouse, former spouse, cohabitant, former cohabitant etc.
- Penal CodeSection 242 : Battery - any willful or unlawful use of force or violence upon the person of another.
- Penal Code Section 243 (e): battery against a spouse, cohabitant, parent of the defendant's children etc.
- Penal Code Section 240 : Assault - an unlawful attempt, coupled with a present ability to commit a violent injury etc.
- Penal Code Section 136.1 of the : intimidation of victims and witnesses.
Domestic violence can be charged either as either a misdemeanor or a felony. This is what is called a "wobbler" offense. Whether a case
is charged as a misdemeanor or felony will depend on the nature of the abuse and the seriousness of the injuries. A client charged with a
domestic violence offense is potentially facing probation, incarceration, parole, court enforced counseling ( e.g. anger managment,
domestic violence or parenting clasees), and fines.
Contact me at (408)876-7448 as soon as possible for legal guidance.