Domestic Violence can transpire in many forms, and California’s laws outline the elements of each type of domestic violence as well as the consequences. As a general definition, domestic violence entails the use of force, violence, or intimidation against another. In addition, since these are domestic cases it also involves a relationship between the accused and the victim. This crime can occur between past and present spouses or partners, or others residing in the home including children and elders.

The most common penal codes for domestic violence in California include:

California Penal Code 273.5 otherwise known as Corporal Injury – is when there is extreme violence involved, and the result is physical injury. The police will note any visible injuries on their report, which can be used as evidence in the courtroom.

California Penal Code 243 e1 is Domestic Battery and is an attempt to cause injury on another. This is still a crime regardless if the victim sustained injuries.

California Penal Code 273D is when an adult causes a child to suffer physical injury and this is labeled as child abuse.  Another closely related penal codes is child endangerment.  

California Penal Code 368 or Elder Abuse occurs when there is force, violence, or threat inflicted on someone over 65. Elderly abuse in California can take the form of physical, mental or financial mishandling.

Penalties for California domestic abuse include jail time as well as enrollment in a batterer’s program. There are consequences outside the courtroom also, as domestic violence is considered to be a crime of moral turpitude. As such, those accused may face deportation in addition to California’s Three Strikes Law.

If you have been accused of any of these Domestic Violence Penal Codes in California, the criminal defense lawyers at MacGregor & Collins can help you. Call us today at (949) 250-6097.