Domestic Violence Defense

Domestic Violence Defense

Domestic violence law has become more complex over the years and a broader range of acts can be defined as acts of violence. These crimes can be prosecuted as misdemeanors or felonies in California. The violence need not have taken place between a married or cohabitating couple to be considered domestic violence. Dating couples, couples who are not presently together but who have common children and couples who were once together but are presently separated can all find themselves dealing with California’s domestic violence laws and the prosecutors charged with enforcing them.

While domestic violence is most well-known in its obvious incarnations—punching, kicking, other physical abuse—it is also possible to be charged with domestic violence in California for crimes which do not directly involve physical abuse. An individual who engaged in stalking behavior, for instance, could be charged under DV law. Likewise, certain acts of child endangerment can qualify as DV cases under California law. These laws have become so complex and broad that there are special prosecutors assigned to these cases. For those charged with these crimes the penalties can be severe.

Misdemeanor cases can carry severe penalties. Jail sentences are often handed out for DV offenders along with a counseling mandate. In most cases, the offender will be required to go through a year of counseling designed to provide anger-management and interpersonal relations skills. Community service is also oftentimes required and, sometimes, physical labor is given as a sentence. In some cases, the judge may order that the offender stay away from the victim or may set conditions on a couple known as “No Harm, No Strike”. There are fines included with the punishments for misdemeanor offenses, as well.

Very severe cases of DV can be prosecuted as felonies in California and the punishments are very severe. Even if the victim doesn’t want the case prosecuted, the state can press the charges. Those convicted of felony DV will likely be facing a state prison sentence of between 3 months and 3 years. Only the prosecutor can actually drop these charges. Legally, the victim of the crime is merely a witness and it is the state who is actually pressing charges against the defendant. In most cases, felonies are only charged when an individual has caused injury to the defendant or if the accused has a long history of criminal activities related to violence.