Anyone facing an upcoming DV criminal charge can easily be confused, scared and unsure of what the future holds, this article will explain the various domestic violence charges that can be filed against a person in the Torrance Court.
The most common crime involving DV is the Penal Code 273.5 charge that requires an actual injury or “traumatic condition” be inflicted on the victim. An injury does not need to be substantial or serious, it can simply be redness or a mark, however there must be something visible or medically diagnosed. This offense is commonly booked as a felony but it can be reduced or ”wobbled down” to a misdemeanor based on a variety of factors. The crime is sometimes referred to as ”spousal abuse” and it carries a minimum bail of $50,000.00.
The second most common domestic violence charge is the crime of Penal Code section 243(e)(1). This offense is a misdemeanor and requires the person touch, assault, or batter an individual in a rude or threatening manner. The victim must be someone with whom the accused has had or us having a dating or intimate relationship, such as a boyfriend, girlfriend, wife, husband, etc. The bail on this offense is $25,000.00. The primary difference between this criminal charge and the PC 273.5 is that no injury or ”traumatic condition” was inflicted on the alleged victim. Put another way, the 243e1 is an assault or battery on a person where no mark was left or injury caused.
With regard to the potential punishment or consequences of the crimes discussed above, the misdemeanor carries a maximum penalty of 1 year in the county jail whereas the felony carries up to 3 years in a California State Prison. In addition, there are mandatory conditions of probation that must be imposed in every case such as domestic abuser classes, fines and the fact that a person convicted of any of these crimes can no longer own, possess or use a firearm.
There are many other crimes that fall under the “Domestic Violence” umbrella because the law allows the DA to classify any violent crime against a person with whom you have had a dating relationship a DV offense, however the two discussed above are the most common.
Torrance Criminal Defense Lawyer Matthew Ruff has nearly 30 years experience fighting domestic violence charges. Matt has obtained acquittals, dismissals, and all manner of reductions of these types of crimes. For more information about your particular case contact Matt directly for a discreet consultation and strategy session.