Under California law, abuse is defined as intentionally or recklessly using or threatening to use physical force against your intimate partner. You can face charges under Penal Code 13700 if you commit abuse against your intimate partner. You can face misdemeanor or felony charges if you are convicted of domestic abuse, depending on the facts of your case. Some of the potential repercussions of domestic violence are a permanent criminal record, immigration consequences, the loss of your gun rights, and a restraining order. You could also face loss of custody rights, participation in a batterer’s intervention program, and a jail term. You should seek the services of a reputable attorney if you are facing domestic violence charges.

An Intimate Partner Under California Law

According to California law, the following qualify as an intimate partner:

  • A person you were seriously dating previously or currently dating
  • A person with whom you have a child
  • A former or current cohabitation or live-in romantic partner
  • Former or current registered domestic partner
  • Your former or current fiancée
  • Your former or current spouse

The following people also qualify as your intimate partners in case of custody disputes:

  • Your child
  • A person related to you by marriage, blood, or within the second degree. These individuals include nephews, nieces, uncles, aunties, grandparents, grandchildren, step brothers and sisters, sisters, and brothers.

Forms Of Domestic Violence

Typical domestic violence crimes include neglect, threats, battery, and abuse. Some domestic violence offenses are misdemeanors, while others are felonies. Wobbler offenses are also common and are charged as misdemeanors or felonies depending on the following:

  • The circumstances of the offense
  • The severity of the victim’s injuries
  • Your criminal history

Typically, the typical domestic violence offenses are:

Elder Abuse

Penal Code 368 governs the offense of elder abuse. The crime of elder abuse is defined under this law as neglect, financial exploitation, or infliction of physical or emotional abuse on a person aged 65 years or older. If the prosecutor accuses you of elder abuse, the prosecutor must prove the following elements:

  • You subjected an elderly person to unjustifiable physical pain or emotional suffering intentionally or with criminal negligence
  • Your actions could have put the health or life of the elderly at danger risk
  • You were aware, or you reasonably should have known, that the victim was an elderly person above 65 years

 The following must be evident for you to face felony elder abuse charges:

  • You subjected an elderly person to physical pain or mental suffering intentionally or with criminal negligence
  • Your actions could have caused death or inflicted great bodily harm to the elderly person
  • You knew, or you reasonably should have known, that the elderly person was above 65 years

The following actions amount to elder abuse:

  • Neglect and endangerment — This involves putting an elderly person in a situation that could endanger their health or life
  • Financial exploitation — This is commonly known as senior fraud or elder financial abuse
  • Emotional abuse — This could be in the form of isolation or ridicule
  • Physical abuse — This involves inflicting unjustifiable pain or injury on a senior

 Elder financial abuse could be in several forms, including theft, fraud, and embezzlement. The defendant is usually the elder's caretaker in most financial abuse cases. The prosecutor must provide sufficient evidence showing that the elderly person was over 65 years old when you committed elder financial abuse. You could face the following penalties if you committed misdemeanor elder abuse:

  • Paying restitution to the elderly person
  • A fine that does not exceed $6,000
  • A jail term that does not exceed one year in a county jail

You could face the following penalties if you are charged with felony elder abuse:

  • Paying restitution to the elderly person
  • A fine that does not exceed $6,000
  • A jail term that does not exceed one year in a state prison

If you violate PC 368, you could face negative immigration consequences. Elder abuse could amount to a crime of moral turpitude, depending on the circumstances of your case. If you commit a crime of moral turpitude, you could be marked as inadmissible in the U.S. or deported.

Your gun rights could also be adversely affected if you are convicted of felony elder abuse. Under California law, a convicted felon is not allowed to own or possess a gun.

The defenses you could raise against elder abuse charges include:

  • You are a victim of false accusation
  • You did not inflict abuse or injury on the elderly
  • You did not act willfully

Child Abuse

Child abuse is also known as corporal injury to a child, and it is covered under PC 273d. You could be guilty under PC 273d if you inflict physical injury or a cruel punishment on a minor below 18 years. The following amounts to child abuse:

  • Any injury that results in a traumatic condition
  • Any inhuman corporal punishment

Corporal punishment involves physical punishment but not emotional punishment. A traumatic condition could be a wound or any other bodily injury, such as a serious or minor bruise that results from the direct application of force on the child. You could face child abuse charges if you willingly inflict injury on the child. Willful infliction of injury implies that you acted on purpose. It does not mean you intend to break the law or injure the child.

The following are the acts that could amount to child abuse:

  • Throwing an object at a child
  • Burning
  • Shaking
  • Choking
  • Kicking
  • Pushing
  • Hitting
  • Slapping, or
  • Punching a child

Spanking is not a form of child abuse as long as:

  • You do not use excessive force under the circumstance
  • The spanking is for disciplinary purposes

 If the prosecutor accuses you of child abuse, he/she must prove the following elements:

  • You intentionally inflicted inhuman injury or punishment on a child below 18 years
  • The punishment caused a traumatic condition for the child
  • You were not disciplining the child when you inflicted the injury

 The judge's charge violations of PC 273d as wobblers. In this case, you can face a misdemeanor or a felony charge. A misdemeanor charge can attract the following penalties:

  • Misdemeanor probation
  • A fine of up to $6,000
  • A jail term of up to one year in county jail

A felony charge can attract the following penalties:

  • Formal probation
  • A fine of up to $6,000
  • A jail term of up to two years, four years, or six years

 The defenses you could use to fight child abuse include:

  • Accidental injuries
  • You were legally disciplining your child
  • The injuries resulted from something else
  • False allegations

 Domestic Violence On A Disabled Person

A mentally or physically challenged person could be vulnerable to domestic violence. Under PC 368, crimes against dependent persons or elders deserve special consideration and prosecution. You could face misdemeanor or felony charges if you inflict physical or emotional abuse on a person with a disability. You will face charges based on the nature of the abuse and the severity of the victim's injury.

If the judge convicts you of a misdemeanor under Section 368(b), you could face the following penalties:

  • A fine of up to $6000 for a first offense. A second offense attracts a fine of up to $10,000
  • A jail term of up to one year
  • A summary probation

 The prosecutor must prove the following elements for you to face felony abuse charges:

  • You subjected a dependent adult to unjustifiable pain or mental suffering, either intentionally or with criminal negligence
  • Your actions could have caused significant bodily injury or even the death of a dependent adult
  • You were aware, or reasonably, you should have been aware, that the victim was disabled

You could face severe penalties if you are convicted of a felony under PC 368(b), especially if the dependent person suffered a significant bodily injury and he/she is over 70 years old. The penalties you could face for a felony domestic violence perpetrated against a dependent person include:

  • A fine of up to $6,000
  • A jail term not exceeding one year
  • Imprisonment of two years, three years, or four years in a state prison, or
  • Both the fine and imprisonment

You could face a penalty enhancement as follows if your actions make the victim suffer significant bodily injury:

  • For a victim above 70 years, you could face an additional five years of imprisonment
  • For a victim under 70 years, you could face additional jail time of three years

You could face enhanced penalties if your actions cause the victim’s death:

  • For a victim above 70 years you could face additional jail time of seven years
  • For a victim under 70 years, you could face additional jail time of five years

The charges associated with disabled person abuse are usually not exclusive. You could face other charges alongside charges under PC 368 for violence perpetrated against a disabled person. The additional charges would attract their punishment.

Gender-Based Violence

Under Penal Code 273.5, inflicting physical or corporal injury resulting in bodily injury on an inmate partner or spouse is an offense. A violation of PC 273.5 is usually charged as a felony. If you are guilty of violating this law, you could face a jail term of up to one to four years in a state prison.

You could also face charges under Penal Code 243(e)(1) if you apply force or violence on your intimate partner. Unlike PC 273.5, you could face charges under PC 243(e)(1) even if your partner does not suffer visible injuries. A PC 243(e)(1) violation is popularly known as domestic battery and is considered a misdemeanor crime. You could face the following penalties if you are guilty of gender-based domestic violence:

  • A fine that does not exceed $2000
  • A jail term that does not exceed one year in a county jail

When You Could Face Probation Instead Of A Jail Term

The judge could be willing to sentence you to probation upon committing a domestic violence offense. However, you can only qualify for probation if the following is true:

  • The victim did not suffer significant injuries
  • You are a first-time offender

The judge could also grant you probation if the offense is a misdemeanor. Domestic violence crimes always attract felony charges if the victim suffers substantial injuries. The judge will revoke probation and send you to jail or prison if you violate probation terms.

Additional Repercussions Of A Domestic Violence Conviction

You could face more than a jail term and fines if you are convicted of a domestic violence crime. The additional repercussions could include:

Permanent Criminal Record

You will have a permanent criminal record if you are convicted of domestic violence. Any time a person conducts a background check on you, he/she can access your conviction. It can be challenging for you to secure employment, a state license, or other benefits if you are convicted of a domestic violence crime.

Participating In A Batterer’s Program

Once you are convicted of a domestic violence crime, the judge could order you to enroll in a year-long treatment and counseling program. You could also be required to attend this program even if the judge sentences you to a summary or formal probation.

Payment Of Restitution To The Victim

The judge could order you to pay restitution to the victim to cover mental health counseling, lost wages, property damages, and medical costs.

Minimum Jail Term

You could face a minimum jail term of 30 days if you are charged with domestic violence crime. This could apply even if the victim did not suffer injuries or if this is your first offense. Other consequences could be loss of gun rights and loss of custody rights.

Find a Criminal Defense Attorney Near Me

A domestic violence conviction, be it for elder abuse, child abuse, disability, or gender-based violence, attracts severe punishment, which could affect most areas of your life. It is, therefore, recommended that you hire a competent criminal defense attorney to help you fight the charges. At the Foos Gavin Law Firm, we have a skilled team of attorneys who could help you navigate the justice system and ensure you obtain a fair judgment in Sacramento. Call us at 916-779-3500 to speak to one of our attorneys.