If you were charged with domestic violence, it is important to understand the two most common statutes prosecutors use against defendants. In this video, we’ll go over the elements of the crimes and the differences between two statutes. We’ll also discuss the better plea agreement if given an opportunity to negotiate the charge. Altimetely, it will be up to the prosecutor to agree to the alternative, but your attorney needs to present a well-drafted mitigation packet to convince him to re-charge you under a less severe crime.
In California, Penal Code 243(e)(1) defines the crime of committing a simple battery on an intimate partner. Prosecutors have to prove the following elements of the crime:
- the defendant willfully touched someone in a way that was harmful or offensive,
- the alleged victim was an intimate or domestic partner of the defendant, and
- the defendant was not acting in self-defense or in the defense of someone else.
Convictions for this criminal charge carry:
- up to 1 year in county jail,
- up to $2,000 in fines, and/or
- misdemeanor (summary) probation.
California Penal Code section 273.5 defines the crime of domestic violence causing the infliction of a corporal injury. The elements of the offense are:
- the defendant willfully inflicted a physical injury,
- the alleged victim was an intimate or domestic partner of the defendant,
- the injury inflicted by the defendant resulted in a traumatic condition, and
- the defendant was not acting in self-defense or in the defense of others.
If filed as a misdemeanor, the penalties of a conviction are:
- up to 1 year in county jail,
- up to $6,000 in fines, and/or
- misdemeanor (summary) probation.
If filed as a felony: - 2, 3, or 4 years in state prison,
- up to $6,000 in fines, and/or
- felony (formal) probation.
Anton Vialtsin, Esq.
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