Domestic Violence Penal Code 273.5 & Domestic Battery Penal Code 243(e)
At our firm, led by former senior domestic violence prosecutor Mark Deniz, we know there is no other charge in criminal law that is like domestic violence in covering the spectrum from being a very serious crime to a baseless allegation. Domestic violence, which is codified in Penal Code 273.5, can be issued a felony strike offense with up to three years in prison, or it can be a misdemeanor; further, it can end up being a rejected/dismissed case. This charge is very fact specific. When you are facing these charges, you want an experienced law firm with a track record of success advocating for you.
Put the proven lawyers of Premier Domestic Violence Law Group on your side. Call 619-752-3702 today for a free consultation.
Elements of Domestic Violence
Domestic violence cases usually involve charges covered by Penal Code Section 273.5 (Corporal Injury on a Spouse or Cohabitant) The prosecution must be able to prove the following in order to achieve a conviction:
- That the defendant “willfully and intentionally” caused injury
- That the accuser was the current spouse or partner, boyfriend, girlfriend, or co-parent of the defendant
This section of the penal code has been described as a “wobbler”, meaning it often rides the fence between being charged as a felony or a misdemeanor. What side of the fence the facts fall on can have a tremendous impact on the accused and their defense. Which way the charge wobbles can mean the difference between facing a small fine or facing the prospect of living life as a convicted felon.
There is no substitute for experience and results as you consider what attorney or law firm to trust with your domestic violence defense. At Premier Domestic Violence Group, we start working right away to avoid criminal charges altogether or ensure they are filed as a misdemeanor.
Domestic Violence Battery PC 243(e)
Section 243(e) of the Penal Code covers Battery of Cohabitant or Spouse and is extremely similar to Penal Code Section 273.5 (Corporal Injury on a Spouse or Cohabitant). The main difference is that this is not a “wobbler” like 273.5; section 243(e) can only be brought by the prosecution as a misdemeanor charge. It does not take much – often a single push or shove during an argument – for these charges to be brought, an unfortunate symptom of the hyper-focus on arrests and prosecutions in our criminal justice system.
If you face charges under Penal Code section 243(e) or 273.5, do not make the mistake of assuming it will work itself out. Your innocence is not enough; you need the help of an experienced defense attorney. Contact Premier Domestic Violence Law Group today for a free consultation with a proven advocate.
Be proactive and Contact Premier Domestic Violence Law Group at (619) 736-3375.