What is the criminal act of Domestic Violence in California? Generally speaking the criminal act of domestic violence is very similiar to a criminal battery. Pursuant to California Penal Code section 273.5 (a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment. What are the elements of criminal conviction for violating 273.5 PC? What is cohabitation? Waht is Corpral injury? What is a traumatic condition?

Is domsetic violence a felony or a msidemeanor or is it considered wobbler? What is a wobbler? A wobbler is a crime that can be either charged as a felony or a misdemeanor.

Can I also be convicted of domestic violence for violating California Penal Code section 243 (e), a criminal battery? California Penal Code Section 243 (e) (1) states "when a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer's treatment program". Moreover a person convicted of violating this section may also be required to make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000) and the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense.

Can I also be charged with a Battery in a criminal domestic violence case? Pursuant to California Penal Code Section 242 (Battery), A battery is any willful and unlawful use of force or violence upon the person of another.

Defense to Battery: Justifiable Force

Self Defense: As a general rule an individual without any legal fault may use reasonably necessary force to protect themself from imminent use of unlawful force such as that defined as criminal battery. Is there a duty to retreat? What if the party defending themself escalates the level of violence? Is the force still lawful? Is self defense still a viable defense? Is deadly force ever permitted?

Defense of Others: can an individual use the defense of defense of others as a defense to a criminal battery? What issues may be legally relevant?

Defense of Property: Is the defense of property a legal defense to a criminal battery? Is deadly force ever permitted?

Defense of Dwelling: Is the defense of a dwelling a legal defense to a criminal battery? Is deadly force ever permitted?

Consent: Is consent a defense to a criminal battery? Is a party legally capable of consenting to a criminal battery? What is mutual combat?

Am I entitled to a trial by jury if I am charged with a criminal domestic violence in the state of California? Do I have the right to an attorney to defend me if I am charged with criminally with domestic violence?

What due process of law is a criminal defendant entitled to when defending a criminal charge of domestic violence?

Our Southern California criminal attorney serves greater Orange County in communities such as Newport Beach, Santa Ana, Irvine, Westminster, Costa Mesa, Huntington Beach, and Laguna Beach and routinely appears in the local courts such as the Orange County Central Courthouse (Santa Ana Court), Newport Beach Courthouse (Harbor Justice Center), Westminster Courthouse, Fullerton Courthouse, Los Angeles Courts, North County San Diego Courthouse (Vista Court), Riverside Courts, and Long Beach Courthouse. Contact an Orange County criminal attorney in our Newport Beach office for further help with your Southern California criminal law charges.