Family Justice Center

Posts Tagged ‘Criminal’

“Domestic violence” or “domestic abuse” is a common criminal charge in California.  Simple arguments often escalate into domestic violence allegations.  Domestic violence is typically charged under Penal Code 273.5 or Penal Code 243(e).  This article focuses on domestic violence charges under Penal Code 273.5.

It is critical for anyone accused of domestic violence to have a basic understanding of domestic violence law, including how a prosecutor attempts to prove domestic violence; punishments for domestic violence; and defenses to domestic violence allegations.

What is required to prove domestic violence? The prosecution must generally prove the following facts to find a defendant guilty of domestic violence under Penal Code 273.5: (1) defendant abused a spouse, former spouse, a current or former live-in girlfriend or boyfriend, or the mother or father of the defendant’s child; (2) the defendant used intentional (non-accidental) force to cause the abuse; and (3) the victim suffered some form of visible injury, even if the visible injury is small.

What are common defenses to domestic violence charges?  While any domestic violence charge must be evaluated on its specific facts, in many cases there are strong defenses to a domestic violence charge, including: (1) false accusations – domestic arguments often result in false accusations of domestic violence; (2) self defense – it is not domestic abuse when someone uses reasonable self defense to protect himself from a domestic attack; and (3) accident – it is not domestic abuse when someone does not deliberately do an act to cause injury to a spouse or domestic partner.

What is the punishment for a domestic violence charge?  Penal Code 273.5 is a “wobbler”, meaning that it can be charged as a misdemeanor or as a felony. If charged as a misdemeanor, it is punishable by up to 1 year in county jail and a $6,000 fine, or both.  If charged as a felony, it is punishable by 2, 3 or 4 years in a state prison, a $6,000 fine, or both.  The prosecutor will decide to charge Penal Code 273.5 as a misdemeanor or as a felony based primarily on the extent of the victim’s injuries.

I hope this article has been helpful.

Sincerely,

Garret Weinrieb, Esq.

Valerio | Weinrieb Criminal Defense Attorneys

(note: Information contained within this article is intended for general information purposes only and is not, nor is it intended to be, legal advice for any individual case or situation. The information contained within this article is not intended to create an attorney-client relationship and use of this article, and any information contained herein, does not constitute such a relationship.)

Criminal Justice Degrees have become much more popular over the past decade as people have discovered the benefits of a criminal justice degree. People have either discovered that this field is very secure and lucrative or that they do not have enough education to be considered for promotions. There are a number of benefits that have made more and more people consider obtaining a degree in criminal justice and they have been proven true even through a recession. Here is a quick look at just a handful of benefits that are convincing more people to get their criminal justice degree.

1.Diversity

The field of criminal justice is very broad. Fortunately, a degree in criminal justice, even if it is specialized, is often enough to help you be considered for the job or promotion that you have your eyes on. There are a variety of paths that can be taken once a person has their degree and there are a plethora of distance learning programs for criminal justice out there. With so many career opportunities available, a degree in criminal justice gives a person a large amount of flexibility as well as a diverse skill set. There will always be a need for people that have a background in criminal justice and the Bureau of Labor Statistics continues to say that the criminal justice field will continue to grow, well into the future.

2.Standard of Living

A criminal justice degree has the ability to radically change someones standard of living. Even at the entry level, jobs that are in the criminal justice field have a relatively higher starting wage than many other industries. This is especially true when looking at criminal justice fields that are related to technology, such as security systems, online security, and identity theft/fraud. When looking at the annual wage of someone straight out of their bachelor’s program, they will make more than almost any other field. The increase in the standard of living is actually much more than just a wage increase. Individuals in the criminal justice field often have better benefits than other job sectors as well. This serves as an additional incentive for many of those who choose to become cops.

3.Taking Control

Many people who have a criminal justice degree will end up running their own business. These business range from being a private detective to providing online security. A number of people with a criminal justice degree will use it as the foundation of further education. Many students continue their education past their bachelor’s degree, such as becoming a criminal lawyer, public defender, or even a probation or corrections officer.
There is nothing more important to an individual or family than safety and security. A criminal justice degree can easily provide safety and security for you family. With this degree, it allows you to have a high paying career that often provides exceptional benefits, not only for yourself, but your family. A criminal justice degree also gives you the chance to succeed in a variety of career paths and gives you an added advantage when lobbying for that upcoming promotion. In short, while you will be providing safety and security for others while at work, your criminal justice degree will be providing safety and security for you and your families future.