California takes allegations of domestic violence seriously, implementing stringent laws to protect victims and promote their safety. However, ensuring justice is served for all parties involved is equally essential.

The presumption of innocence and the right to a fair trial lie at the core of our criminal justice system, even in the face of serious accusations. At the Restraining Order Law Firm in Los Angeles, we believe in upholding the fundamental principles of justice while providing compassionate support and strategic legal counsel to individuals accused of domestic violence.

We understand the nuances of California's legal framework, offering dedicated representation to secure the best possible outcomes for our clients. In this article, we will explore the different domestic violence offenses, examining their legal definitions and potential consequences. Do not hesitate to contact us if you are facing any domestic violence charges in Los Angeles.

California Penal Code 273.5 - Corporal Injury to a Spouse or Inhabitant

Under PEN 273.5, the offense of corporal injury to a spouse or inhabitant occurs when you inflict corporal injury that results in a traumatic condition on your former or current spouse or cohabitant or a person with whom you have had a romantic relationship. A traumatic condition refers to a condition of the body, such as a wound or external or internal injury, whether minor or serious.

To prove this offense, the prosecutor must establish the following elements:

  • The defendant willfully inflicted physical injury on a current or former spouse, cohabitant, or person with whom they had an intimate relationship.
  • The victim suffered a traumatic condition as a result of the physical injury.
  • The defendant's actions were not in self-defense or defense of another person.

Corporal injury to a spouse or inhabitant is considered a felony. Its penalty is an imprisonment sentence of up to four years.

California Penal Code 243(e)(1) - Domestic Battery

Under California Penal Code 243(e)(1), domestic battery is defined as willfully and unlawfully touching an intimate partner in a harmful or offensive manner. The term ‘intimate partner’ includes spouses, former spouses, cohabitants, former cohabitants, fiancés, dating partners, or co-parents.

To prove the offense of domestic battery, the prosecutor must establish the following elements to the standard of beyond a reasonable doubt:

  • The defendant willfully and unlawfully touched the alleged victim.
  • The touching was harmful or offensive.
  • The alleged victim is an intimate partner.

Note that physical injury is not required for a domestic battery charge. The offense focuses on the act of willfully touching in a harmful or offensive manner.

In California, domestic battery under Penal Code 243(e)(1) is generally classified as a misdemeanor. The penalties for domestic battery include the following:

  • A county jail term not exceeding one year.
  • A fine not exceeding $2,000.
  • Informal probation.
  • Completion of a batterer's treatment program.
  • A restraining order or protective order prohibiting the defendant to contact the victim.
  • Possible requirement to pay restitution to the victim.

Note that these penalties may vary depending on the specific circumstances of the case and any prior criminal record of the defendant. Repeated offenses or aggravating factors can lead to enhanced penalties.

California Penal Code 273d - Child Abuse

Child abuse, as defined in Penal Code 273d, involves willfully inflicting unjustifiable physical pain or mental suffering upon a child, resulting in a traumatic condition. The key elements that the prosecutor must prove to the standard of beyond a reasonable doubt are:

  • The defendant willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering.
  • The child experienced a traumatic condition as a result of the defendant's actions.
  • The defendant's conduct was not reasonable discipline.

Child abuse under California Penal Code 273d is a ‘wobbler’ offense, hence the prosecution can charge it as a felony or misdemeanor.

The prosecutor's decision to charge it as a misdemeanor or felony often considers factors like the severity of the abuse, the extent of the child's injuries, and any prior convictions for similar offenses. In cases where the defendant has a previous conviction for this offense or a related offense or the abuse results in severe bodily injury, the defendant is more likely to face felony charges.

The penalties for child abuse can vary based on whether it is charged as a misdemeanor or a felony. If charged as a misdemeanor, child abuse is punishable by:

  • A maximum jail term of one year.
  • A fine not exceeding $6,000.
  • Possible probation.
  • Completion of a court-approved child abuser's treatment program.
  • Other conditions imposed by the court, such as protective orders or counseling.

If charged as a felony, this offense is punishable by:

  • Imprisonment for up to five years in state prison.
  • A fine not exceeding $6,000.
  • Possible probation.
  • Completion of a court-approved child abuser's treatment program.
  • Other conditions imposed by the court, including protective orders or counseling.

If the child sustains a severe bodily injury or the abuse leads to the child's death, separate and more severe charges may apply, carrying significantly harsher penalties. Also, note that specific penalties can vary based on the circumstances of each case and the judge's discretion during sentencing.

California Penal Code 273a - Child Endangerment

The criminal offense of child endangerment covers actions or omissions that put a child in a situation where their health or safety is endangered. The prosecutor must prove the following elements to establish the offense:

  • The defendant willfully caused or permitted a child to be placed in a situation where their health or safety was endangered.
  • The defendant willfully caused or permitted a child to suffer physical pain or mental suffering that was unjustifiable.
  • The defendant's actions or omissions were likely to produce great bodily harm or death to the child.

Note that the term ‘child’ in this context generally refers to anyone under 18. Child endangerment is considered a ‘wobbler’ offense.

The penalties for child endangerment vary depending on whether the prosecution charges it as a felony or a misdemeanor, as well as other factors the court considers. If charged as a misdemeanor, the potential penalties include a maximum fine of $1000 and a jail term of one year.

The potential penalties for felony child endangerment include custody in state prison for two, four, or six years or a fine not exceeding $10,000. If the defendant has a prior conviction for certain serious offenses, such as murder or a sexual offense against a child, the penalties for child endangerment can be enhanced.

California Penal Code 270 - Child Neglect

California Penal Code 270 addresses the offense of child neglect. Penal Code 270 defines child neglect as willfully failing to provide necessary care, food, clothing, shelter, or medical attention to a child under 18.

The prosecutor must prove the following elements to the standard of beyond a reasonable doubt to establish the offense:

  • The defendant had a legal duty to provide necessary care, food, clothing, shelter, or medical attention to a child.
  • The defendant willfully failed to provide the required care, food, clothing, shelter, or medical attention.
  • The child suffered harm, or the defendant's failure to provide such necessities placed the child in a situation where they were likely to suffer harm.

To be convicted of child neglect, the prosecutor must prove a willful failure to provide necessary care rather than a mere oversight or accident. Child neglect is typically charged as a misdemeanor offense.

However, it can also be charged as a felony under certain circumstances, making it a ‘wobbler.’ The decision to charge it as a felony or misdemeanor depends on various factors, including the severity of the neglect, the harm suffered by the child, and the defendant's prior criminal record.

The penalties for child neglect vary depending on whether it is prosecuted as a felony or a misdemeanor. If charged as a misdemeanor, the penalties can include a maximum fine of $2,000 and a jail term of one year. Additionally, the court may require the defendant to participate in counseling or parenting classes.

If charged as a felony, the penalties are more severe. A conviction can result in imprisonment for two, four, or six years. The court may also impose a fine not exceeding $10,000. Similar to misdemeanor cases, the court may order counseling or parenting classes as part of the sentence.

California Penal Code 368 - Elder Abuse

Penal Code 368 defines the criminal offense of elder abuse. This offense encompasses various forms of mistreatment or neglect inflicted upon individuals who are 65 years of age or older. The law aims to protect elderly adults from physical, emotional, or financial abuse, as well as neglect or endangerment.

To secure a conviction for elder abuse under Penal Code 368, the prosecutor must prove the following elements to the standard of beyond a reasonable doubt:

  • The defendant willfully or with criminal negligence subjected an elder to physical abuse, emotional abuse, financial abuse, neglect, or endangerment.
  • The defendant's actions were unjustifiable or occurred without the elder's consent.

Elder abuse can be charged as either a felony or a misdemeanor, depending on the specific circumstances and the defendant's prior criminal history. Misdemeanor elder abuse generally involves less severe forms of abuse or neglect that do not result in great bodily injury.

Felony elder abuse encompasses more serious offenses involving severe physical harm, substantial financial loss, or repeated abuse or neglect. The decision to charge elder abuse as a misdemeanor or felony rests with the prosecuting attorney.

The punishments for elder abuse vary depending on whether it is a felony or misdemeanor. If convicted of misdemeanor elder abuse, the penalties may include:

  • Informal probation for a specified period.
  • A county jail term of a maximum of one year.
  • Fines, restitution, or both.
  • Participation in counseling or education programs related to elder abuse.

If convicted of felony elder abuse, the penalties may include the following:

  • Formal probation with specified conditions.
  • Imprisonment in state prison for two, three, or four years.
  • Enhanced prison sentences if certain aggravating factors are present, such as substantial bodily harm or a pattern of abuse.
  • Fines, restitution, or both.
  • Participation in counseling or education programs related to elder abuse.

California Penal Code 422 - Criminal Threats

According to Penal Code 422, a person commits the offense of criminal threats when they willfully threaten to commit a crime that would result in death or great bodily injury to another person, with the specific intent that the statement be taken as a threat, even if there is no actual intent to carry out the threat. The threat must be so unequivocal, immediate, and specific that it reasonably instills fear in the victim for their safety or the safety of their immediate family.

To prove the crime of criminal threats, the prosecutor must establish the following elements to the standard of beyond a reasonable doubt:

  • The defendant willfully threatened to commit a criminal offense that would cause bodily injury or death to someone else.
  • The threat was made orally or in writing.
  • The defendant intended for their statement to be perceived as a criminal threat.
  • The criminal threat was unequivocal, specific, and immediate and it conveyed an immediate execution prospect and would reasonably instill fear in a reasonable person.

The offense of criminal threats in California is considered a ‘wobbler’ offense. The decision of whether to charge it as a misdemeanor or a felony rests with the prosecutor.

The punishments for criminal threats vary depending on whether it is a felony or a misdemeanor. The potential penalties for misdemeanor criminal threats include the following:

  • A county jail term of up to one year.
  • A fine not exceeding $1,000.

The potential penalties for felony criminal threats include the following:

  • Imprisonment in state prison for up to four years.
  • A fine not exceeding $10,000.

California Penal Code 646.9 - Stalking

According to California Penal Code 646.9, stalking is defined as the willful and malicious repeated harassment of another person with the intent to instill fear or cause substantial emotional distress. The code identifies several specific behaviors that can constitute stalking, including following someone, making credible threats against them, or engaging in a course of conduct that causes the person to reasonably fear for their safety or the safety of their immediate family.

To secure a conviction for stalking, the prosecutor must prove the following elements to the standard of beyond a reasonable doubt:

  • The defendant willfully and maliciously harassed the victim.
  • The defendant engaged in a pattern of conduct or made credible threats to the victim.
  • The defendant's actions were intended to instill fear or cause substantial emotional distress to the victim.
  • The victim experienced fear or substantial emotional distress as a result of the defendant's conduct.

The prosecution can charge this criminal offense as either a felony or a misdemeanor, depending on the circumstances. If convicted of misdemeanor stalking, the potential penalties include:

  • A maximum jail term of one year.
  • Order to pay a fine not exceeding $1,000.
  • Probation.
  • Restraining or protective orders to prevent further contact with the victim.
  • Mandatory counseling or treatment programs.

The potential penalties for felony stalking include a state prison sentence of a maximum of three years or a fine not exceeding $10,000. Additionally, the court may issue orders for probation or mandatory attendance of counseling programs. The victim may also get a restraining order against the defendant.

California Penal Code 591 - Damaging a Telephone Line

Under Penal Code 591, damaging a telephone line involves intentionally and maliciously cutting, maiming, disconnecting, removing, or otherwise interfering with any line, wire, cable, or other telegraph or telephone communication apparatus. To be convicted of this offense, the prosecutor must prove the following elements to the standard of beyond a reasonable doubt:

  • The defendant acted willfully and maliciously.
  • The defendant intentionally damaged, disconnected, removed, or interfered with a telegraph or telephone line, wire, cable, or apparatus.
  • The defendant's actions disrupted or interrupted the communication flow of the telegraph or telephone line.

Damaging a telephone line is considered a wobbler offense. The potential penalties for misdemeanor damaging a telephone line include imprisonment in a county jail for a maximum of one year or a fine not exceeding $1,000.

If charged as a felony, the potential penalties can include imprisonment in state prison for up to three years or a fine not exceeding $10,000. Note that specific circumstances, such as prior criminal convictions or the extent of the damage caused, can influence the exact penalties imposed in a given case. Additionally, if the damaged telephone line is a critical public utility line or the offense is committed during an emergency, the penalties can be more severe.

Find a Criminal Defense Lawyer Near Me

If you or your loved one has been charged with any domestic violence offense in Los Angeles, we invite you to contact us at the Restraining Order Law Firm. We are here to help you.

We will help you build a robust defense strategy and protect your rights during the legal process. We have extensive experience defending individuals charged with domestic violence offenses in Los Angeles. Call us today at 424-600-7691 for a free consultation.