Domestic Violence

A domestic violence arrest will often have a profound impact on the person arrested as well as their families. A use of force against another becomes “domestic” in nature whenever the victim is the arrestee’s spouse, cohabitant, a person who is the parent of the arrestee’s child, a former spouse or fiancée, or a person with whom the arrestee has  or previously had a dating or engagement relationship. The most common domestic violence charges filed by prosecutors are Penal Code 273.5(a) and Penal Code 243(e)(1).  The main difference between these two sections is that the former section requires that the victim suffer “corporal injury resulting in a traumatic condition” (e.g., a black eye or bleeding, or even scratches or redness) while the latter does not (e.g., a husband pushes his wife but there is no injury). While a charge of 243(e)(1) can only be prosecuted as a misdemeanor, a charge of 273.5(a) is a “wobbler”, which means that it can be prosecuted as either a misdemeanor or felony, the election of which is typically determined by the severity of the crime and/or the criminal history of the arrestee. In most instances, a person convicted of domestic violence or battery will be put on probation, be required to complete a 52-week domestic violence program, and have to abide by a protective order which is designed to protect the victim and other persons who may have been present at the time. Jail time and/or labor may be required as well depending on the facts of the case.

“What sets Ali apart from some of the other attorneys I have had experience with, and probably from most attorneys, actually, are his communication skills and his compassion for his clients.”

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