Santa Ana Domestic Violence Lawyers
Assault, battery or criminal threat against a fiancé, spouse, cohabitant, partner or child is a more serious allegation in California than ordinary assault battery or criminal threat.
Most district attorney offices in Orange County, California have special units that are dedicated to prosecuting charges and allegations of domestic violence. Prosecution will typically proceed with domestic violence investigations and cases, even if the accuser of domestic violence insists that charges shouldn’t be pressed. Incarceration for domestic violence abuse convictions are typical, even for first-time offenders, regardless if a felony or misdemeanor. Since domestic violence is such a sensitive issue, it is important that you call Corrigan | Welbourn | Stokke to represent you, especially if prosecution insists to investigate after recanting statements.
Innocent People Get Accused
Many times, innocent individuals are wrongly accused of domestic violence. Throughout Orange County and throughout California, an accuser will make a false allegation of domestic violence because of an overriding factor, like anger or jealousy, out of spite for the individual in question. Oftentimes, the accuser will allege domestic violence to gain an in-court advantage for divorce or child custody proceedings. Other times, simple accidents are misconstrued as domestic violence situations. The criminal defense attorneys at Corrigan | Welbourn | Stock will defend you and make sure that your rights are protected, and your life can get back to normal.
California Domestic Violence Laws
Using physical force or communicating threats of harm against an intimate partner is illegal throughout Orange County, California and the United States. Listed below are the most common domestic violence crimes:
- Penal Code 273.5 pc Corporal Injury to a Spouse or Cohabitant — Penal Code 273.5 makes it illegal to inflict a “corporal injury” resulting in a “traumatic condition.” A person commits this crime by striking his/her intimate partner in some violent way and causing a visible injury, even a slight one such as swelling or a bruise. This California domestic violence law can be charged if the alleged victim is a current or former spouse or cohabitant or the parent of your child.
- Penal Code 243(e)(1) Domestic Battery — Penal Code 243(e)(1) makes it a misdemeanor crime to inflict force or violence on an intimate partner…a category that includes your fiancé, cohabitant, the parent of your child, or your current or former spouse or dating partner. Unlike Penal Code 273.5, this California domestic violence law does not require a visible injury.
Penal Code 273d Child Abuse — Penal Code 273d makes it a crime to inflict “corporal punishment or injury” on a child if it was “cruel or inhuman” and caused an injury (even a slight injury). California child abuse laws allow a parent reasonable latitude to spank a child, but draw the line where the punishment is cruel or injures the child.
- Penal Code 273a pc Child Endangerment — Penal Code 273a makes it a crime willfully to allow a child (in your care or custody) to suffer harm or to have his/her safety or health endangered. An example would be a mother who permits her boyfriend to beat her 6-year-old; or a parent who operates a dangerous meth lab in the same home where his/her child lives.
- Penal Code 368 pc Elder Abuse – Penal Code 368 makes it a crime to inflict physical abuse, emotional abuse, neglect, endangerment or financial fraud on a victim 65 years of age or older. The crime is usually charged against caregivers, but can also be charged against anyone who commits these sorts of offenses against a senior citizen victim.
- Penal Code 422 Criminal Threats — Penal Code 422 makes it a crime to communicate a threat of serious harm to someone if (1) you intend to put the person in fear, and (2) you actually do put the person in sustained fear. Criminal Threats may be charged as a misdemeanor or a felony. As a felony, it counts as a strike under California Three Strikes Law. It is imperative to hire an aggressive and experienced former prosecutor from Corrigan | Welbourn | Stokke to defend you.
Domestic Violence and Immigration Issues | Orange County Criminal Defense
Domestic violence laws throughout Orange County, California pose a serious issue for non-citizen immigrants in the United States. Many domestic violence offences are based off of moral turpitude, and being convicted of a domestic violence charge will result in deportation. Non-citizens who are accused of domestic violence charges need to contact the criminal defense attorneys at Corrigan | Welbourn | Stokke for effective legal representation. Individuals may lose their opportunity to remain in the United States, and will lose the ability to naturalize.
California Domestic Violence Penalties & Sentencing
The penalty, punishment and sentencing for crimes under California domestic violence law varies depending on (1) the seriousness of the injuries, if any, and (2) the defendant’s criminal record. But most counties impose a minimum 30 days jail, even for first-time misdemeanor convictions. And judges almost always require the defendant to attend a 52-week domestic batterers class.
Worst of all, a California domestic violence conviction goes on one’s permanent criminal record…and will surface anytime someone does a routine background check. This can make it difficult to gain employment, state licensing and other benefits. It is imperative to hire an experienced and aggressive Orange County Criminal Defense Attorney from Corrigan | Welbourn | Stokke to represent you.
Corrigan | Welbourn | Stokke is located in Orange County and represents surrounding areas including Newport Beach, Westminster, Santa Ana, and Fullerton. Call Corrigan | Welbourn | Stokke today to schedule a free case evaluation.