Domestic violence (also occasionally referred to as “Domestic Battery”, “Simple Battery Against Spouse, Cohabitant, or Fellow Parent” or “Inflicting Corporal Injury on an Intimate Partner”) typically refers to violent acts allegedly committed against a family or household member, such as physical abuse of one’s spouse, against a current or former romantic/sexual partner, or a child.
What are Domestic Violence Crimes?
Under California Penal Code 243(e)(1) P.C., you can be charged with Domestic Battery/Simple Battery Against Spouse, Cohabitant, or Fellow Parent if you touch someone in a harmful or offensive manner. The alleged victim must be your spouse (wife or husband), parent, co-habitant (roommate), child, boyfriend or girlfriend (current or former), fiancée (current or former), or anyone you’re currently dating or were formerly dating or having a sexual or romantic relationship. In other words, but for this specific relationship to the alleged victim, you would be charged with simple Battery.
Domestic Battery is charged as a misdemeanor.
Under California Penal Code 273.5(a) P.C., you can be charged with Inflicting Corporal Injury on an Intimate Partner if you injured a spouse, cohabitant, or fellow parent in an act of domestic violence.
Inflicting Corporal Injury on an Intimate Partner is a “wobbler” offense, meaning that the District Attorney can charge you with either a felony or misdemeanor, depending on the severity of the harm, the facts of the case, and your criminal record.
If you inflicted great bodily harm, you will definitely be charged not only with a felony, but with a “strike” offense under California’s “Three Strikes Law”, which can result in sentencing enhancements and requires you to serve at least 85% of your sentence, even with good behavior.
Under either charge, the alleged victim need not even be visibly injured to justify this charge or a conviction. In addition, even if the alleged victim does not initially press charges, or later changes his or her mind after pressing charges, you can still be prosecuted if the prosecutor decides to proceed with the case.
In addition, as a result of the notorious O.J. Simpson double-murder case, you can be charged with domestic violence/Domestic Battery even if the alleged victim declines to press charges against you.
What are Examples of Domestic Violence?
Examples of situations involving Domestic Violence include the following:
What Does the Prosecutor Need to Prove for a Domestic Battery Charge?
To prove that you are guilty of Domestic Violence/Simple Battery Against Spouse, Cohabitant, or Fellow Parent under California Penal Code 243(e)(1) P.C., the prosecutor must prove each of the following elements (as required by the Judicial Council of California Criminal Jury Instructions CALCRIM 841):
What Does the Prosecutor Need to Prove for a Charge of Inflicting Corporal Injury on an Intimate Partner?
To prove that you are guilty of Inflicting Corporal Injury on an Intimate Partner under California Penal Code 273.5(a) P.C., the prosecutor must prove each of the following elements (as required by the Judicial Council of California Criminal Jury Instructions CALCRIM 840):
What Happens If I am Convicted of a Domestic Violence Charge?
If you are convicted of Domestic Violence under California Penal Code 243(e)(1) P.C. or California Penal Code 273.5(a) P.C., you face the following punishment (excluding any sentencing enhancements):
What are My Possible Defenses to a Domestic Violence Charge?
Domestic Violence cases can often be resolved during the investigation stage even before criminal charges are actually filed. Specifically, a highly experienced and skilled Los Angeles County Domestic Violence attorney like Ninaz Saffari might be able to convince the investigating detective to not refer the case to the District Attorney’s Office for prosecution, or to convince the D.A.’s Office not to file charges if the case has already been referred. These are called Pre-Files, which Ms. Saffari has a great deal of experience in successfully negotiating. See her Case Results.
If you are charged with Domestic Violence, Ms. Saffari will first conduct a thorough investigation, often with the help of her private investigator, to ascertain all relevant facts. Again, if possible, she will attempt to get the charges dismissed either before or shortly after they are filed. If she takes the case to trial, she will often use an expert witness who will argue that the alleged harm never occurred, did not occur to the degree claimed, occurred but was the result of an accident or unintentional conduct, or that the District Attorney has otherwise failed to provide enough evidence to meet the high threshold to prove Domestic Violence.
The following are the possible defenses to a Domestic Violence charge:
What Kind of Domestic Violence Charges Has Ninaz Saffari Defended?
Since 2005, Ninaz Saffari has successfully represented scores of clients against domestic violence charges, with allegations ranging from battery without injury to cases involving multiple stab wounds. She has also successfully defended clients who have been charged with domestic violence on previous occasions, and therefore were facing many years in prison. See her Case Results.--
If you or a loved one are currently being investigated or prosecuted for this crime, it is critical that you immediately hire a highly skilled, aggressive and experienced Los Angeles County Domestic Violence criminal defense attorney like Ninaz Saffari. Contact the Saffari Law Firm, P.C. now for a free telephone consultation. If Ms. Saffari believes she can help you, she will immediately schedule a free in-person meeting or, if you are in custody, she will visit you in jail (again, for free and with no obligation to hire her).
Representing All Of Los Angeles County including:
Downtown Criminal Courts Building
Van Nuys Courthouse
San Fernando Courthouse
Long Beach Courthouse