According to Nbcnews.com, there’s a peak in domestic violence homicide cases. Even in many cities around the country, they have been doubled.
Domestic violence, also known as domestic abuse, is violent or abusive behavior towards your current or former partner. This happens when one partner forcefully tries to gain power and control over the other one, usually through fear and threats. Though there exist different terms such as the spousal battery, spousal abuse, or corporal injury on a spouse, they are categorized as domestic violence. However, each carries a different penalty than the other.
Mostly, domestic violence is treated as a mischief offense [Editor’s note: this typically involves the victim’s property, not body.]. However, it may advance to a felony charge if:
- Minor is sexually assaulted
- Serious physical injury of the victim
- The victim is sexually assaulted
- You are already registered in public records for domestic violence
- You are already registered in public records for other crimes
When you are charged with domestic abuse or domestic violence, you have to respond to either one of the following two:
- Physical assault on a spouse, which will be treated as a felony
- Spousal battery, which will be treated as a misdemeanor
According to Nbcnews.com, there’s a peak in domestic violence homicide cases. Even in many cities around the country, they have been doubled.
Physical Assault on a Spouse
The charges of physical assault will be brought against you if the injury caused a traumatic condition. A traumatic condition is classified as a physical wound or injury. Even a slight wound will be considered a traumatic condition. However, mental instability doesn’t qualify as a traumatic condition. The prosecutor must prove the intention behind committing the crime.
The Battery of a Spouse
Law states that spousal battery is considered as willful and unlawful use of extreme violence on your spouse or cohabitant. In this case, the victims don’t need to provide any visible injuries to file a lawsuit against you.
Felony Domestic Violence Penalties
If you face a charge of felony, you may serve four years in state prison. However, your sentence is highly dependent on the seriousness of the assault you inflicted on your spouse. On top of that, you will have to go through some mandatory anger management and domestic violence classes.
If you commit other domestic violence acts such as sexual assault, threatening with a weapon or attempted physical assault within the last seven years, you may have to serve five years in state prison as well as pay fines up to $10,000. If you have any other criminal activities recorded, it may affect your sentence as well.
Misdemeanor Domestic Violence Penalties
If you’re charged with misdemeanor violence, you may have to pay a fine of $2000 and/or serve a one year prison sentence in the county jail.
If you hire a decent attorney, they can help you in fighting domestic violence charges. You can find an attorney here: . They could reduce your spousal battery charges or eliminate fines or prison times.
The Severity of Domestic Violence Charges
In California, charges of domestic violence are severe. It’s possible that domestic violence charges can be brought against you, even though the victim didn’t report the incident. Once you are charged with domestic violence, the chances of charges getting dropped are low. However, your attorney has the power to negotiate. This might lower your felony charge to a misdemeanor charge.
Conclusion
Domestic violence has many consequences including fines, probation, counseling, or imprisonment. On top of that, you could also face legal issues if you want to contact the victim again. Also, your charge goes on public record, which will bring difficulties for you to get a job.
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