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Posted in Domestic Violence FAQ'S on May 1, 2014
Simple Battery (aka simple domestic violence or domestic battery) can only be charged as a misdemeanor. If charged and convicted of simple battery, you would face up to a year in jail, 3-5 years of probation, a mandatory 52 week domestic batterer’s program, community service, a restraining order, fines, and a 10 year state prohibition…
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Posted in Domestic Violence FAQ'S on May 1, 2014
First and foremost, the prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury. Typically, domestic battery defenses fall into one of three categories: False Allegations False allegations are VERY common in domestic violence cases. Because emotions are very high in romantic relationships, people will often do crazy…
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Posted in Domestic Violence FAQ'S on May 1, 2014
The term “cohabitants” means two unrelated people living together for a substantial period of time, resulting in some permanency of the relationship. The factors that may determine whether people are cohabiting include; Sexual relations between the parties while sharing the same residence Sharing of income or expenses Joint use or ownership of property Whether the…
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Posted in Domestic Violence FAQ'S on May 1, 2014
Commonly known as Domestic Battery, it is one of the most common Domestic Violence charges. To prove that a defendant is guilty of Domestic Battery the prosecutor must prove three things: That the defendant willfully and unlawfully touched the victim in a harmful or offensive manner; That the victim is defendant’s spouse, former spouse, cohabitant,…
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Posted in Domestic Violence FAQ'S on May 1, 2014
Whether or not jail is mandatory, in part, depends upon the crime you are charged and convicted of. Certain domestic violence crimes, such as PC 273.5(f), PC 273.6(b) or PC 273.6(e) have mandatory minimum jail sentences. If you have questions regarding domestic violence, contact Riverside, California Attorney Graham Donath at 951-667-5293. Let him answer your…
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Posted in Domestic Violence FAQ'S on May 1, 2014
Yes. The rules for expungement of any domestic violence charge are the same for most other charges in Calfornia. First, you must have completed probation for a Felony conviction, or have been sentenced on a misdemeanor to probation OR any sentence. Second, you must not now be on probation, parole, or have any pending criminal…
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Posted in Domestic Violence FAQ'S on May 1, 2014
A domestic violence conviction can have a huge impact on the course of a custody battle. The Judge in your family law case will not be interested in the facts of what really happened if you are convicted of a crime of domestic violence, and most often you will find yourself on the losing end…
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Posted in Domestic Violence FAQ'S on May 1, 2014
Bail amounts vary from county to county, and differ considerably depending upon what the charges are. For determining bail, the Judge must presume that the charges are true, and go off that assumption when determining the appropriate amount. Most counties have a “Bail Schedule” that pre-determines what the bail should be for each particular charge…
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Posted in Domestic Violence FAQ'S on May 1, 2014
Yes. California Penal Code Section 422 makes it either a misdemeanor OR a Felony to threaten physical harm to another person in such an unconditional manner that it caused the person to reasonably be in sustained fear. As a Felony, a PC 422 conviction counts as a Strike under California’s Three Strikes law, and is…
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Posted in Domestic Violence FAQ'S on April 30, 2014
In California, there are a certain charges that are specific to just domestic violence cases. However, prosecutors can also designate a case to be “domestic violence” if they file other more general charges but the relationship between the parties qualifies under Section 6211 of the Family Code. The most common charges Domestic Violence specific charges…
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