Comprehensive Guide to California Domestic Violence Charges: Know Your Rights with Power Trial Lawyers

Domestic violence accusations are one of the most serious and emotionally charged crimes in California’s legal system. A conviction can lead to severe criminal penalties and lasting consequences on family life, employment, and personal relationships. Understanding the specific laws governing domestic violence cases is critical when facing these charges. In California, multiple sections of the Penal Code are used to prosecute domestic violence offenses, including Penal Code 273.5, 243(e)(1), and more.

At Power Trial Lawyers, our team of criminal defense attorney focus on defending individuals charged with domestic violence in Los Angeles and Orange County. This article will provide an in-depth explanation of key California Penal Codes relevant to domestic violence charges, their potential consequences, and how our firm can help build a strong defense.

Penal Code 273.5 PC – Corporal Injury to a Spouse or Cohabitant

Penal Code 273.5 PC is the most common charge in domestic violence cases. It applies when an individual willfully inflicts a physical injury on a spouse, former spouse, cohabitant, co-parent, or someone with whom they have or had an intimate relationship. The law defines “traumatic condition” as any visible injury, even if it is minor, such as bruises, scratches, or internal injuries like swelling. Importantly, the injury does not need to be severe to warrant a charge under this code.

Penalties for PC 273.5

• Misdemeanor: If charged as a misdemeanor, you could face up to 1 year in county jail and a fine of up to $6,000.
• Felony: If the case is charged as a felony, the defendant may face 2, 3, or 4 years in state prison, higher fines, and potentially a “strike” under California’s Three Strikes Law if great bodily harm is involved.

Power Trial Lawyers focuses on investigating the evidence presented against you, challenging any lack of injuries, or proving the actions were accidental to prevent a conviction under this statute. Hence the importance to hire a criminal defense attorney for your domestic violence charges.

Penal Code 243(e)(1) PC – Domestic Battery

Domestic battery, governed by Penal Code 243(e)(1), is a misdemeanor that involves the use of force or violence against an intimate partner, such as a spouse, cohabitant, or someone with whom the defendant shares a child. Unlike PC 273.5, this charge does not require visible injury—just the willful use of force. Even minor contact, such as a push or a shove, can lead to charges under this code.

Penalties for PC 243(e)(1)

• Misdemeanor: If convicted of domestic battery, you could face up to 1 year in county jail and fines, along with mandatory participation in a batterer’s treatment program.

This charge is often seen in cases where the physical contact was minimal or there were no visible injuries. At Power Trial Lawyers, we explore defenses such as self-defense or mutual combat, showing the court that the situation may not warrant criminal penalties.

Penal Code 273.6 PC – Violating a Restraining Order

Penal Code 273.6 makes it illegal to violate the terms of a protective or restraining order issued by the court. This often occurs in domestic violence cases where one party is prohibited from contacting the other. Violation of a court order can lead to additional criminal charges, regardless of whether any physical violence occurred.

Penalties for PC 273.6

• Misdemeanor: A violation can result in up to 1 year in jail, especially if there is no prior conviction.
• Felony: If there is a history of violations or aggravating circumstances (such as injury to the protected party), you could face 16 months, 2 years, or 3 years in prison.

At Power Trial Lawyers, we aim to thoroughly review the circumstances surrounding the violation, ensuring that it was knowingly committed and that the terms of the restraining order were properly followed by all parties.

Penal Code 422 PC – Criminal Threats

Penal Code 422 PC criminalizes making threats of physical harm or violence that cause the victim to fear for their safety. The threat must be specific and unequivocal, and it must create a reasonable sense of fear in the victim. This charge often arises in domestic violence situations when a person, in the heat of an argument, threatens to cause harm or kill another person.

Penalties for PC 422

• Misdemeanor: A conviction can lead to up to 1 year in county jail.
• Felony: If charged as a felony, penalties include 16 months, 2, or 3 years in state prison. A felony conviction under PC 422 may also count as a “strike” under the Three Strikes Law.

Our defense strategies include showing that the statements were made in the heat of the moment and did not constitute a genuine threat or fear for the victim.

Penal Code 136.1(b)(1) PC – Dissuading a Witness

Penal Code 136.1(b)(1) makes it illegal to prevent or dissuade a witness or victim from reporting a crime or participating in a legal proceeding. In domestic violence cases, this charge often applies when one party asks the other not to press charges or cooperate with law enforcement.

Penalties for PC 136.1(b)(1)

• Misdemeanor: You could face up to 1 year in county jail.
• Felony: As a felony, the punishment includes 16 months, 2, or 3 years in state prison.

Power Trial Lawyers will carefully analyze the conversations and actions that led to the charge. A meaningful defense may be required if an accused defendant is seeking to assert that there was no malice to obstruct judge.

Penal Code 591 PC – Damage to a Telephone Line

Penal Code 591 PC criminalizes the act of intentionally cutting or damaging a phone, electrical, or utility line, often in the context of preventing someone from calling for help during a domestic dispute. This can include destroying a cell phone, cutting landline wires, or damaging a utility line.

Penalties for PC 591

• Misdemeanor: This offense is punishable by up to 1 year in county jail.
• Felony: If charged as a felony, the defendant could face 16 months, 2, or 3 years in state prison.

Our firm investigates the situation to seek whether the damage was accidental or occurred in an unrelated context. This can reduce accountability for the alleged crime.

Penal Code 653m(a) PC – Annoying Phone Calls

Penal Code 653m(a) targets individuals who use threats or obscene language over the phone or through other electronic means to harass someone. In domestic violence cases, this charge might be filed if one party repeatedly contacts the other with the intent to threaten or intimidate them.

Penalties for PC 653m(a)

• Misdemeanor: Conviction can result in up to 6 months in jail and a fine.

At Power Trial Lawyers, we investigate whether any communication was non-threatening or misinterpreted, and work to get these charges dismissed, if possible.

Penal Code 240-241(a) PC – Simple Assault

Simple assault, defined under Penal Code 240-241(a), involves an attempt to cause harm or injury without actual physical contact. In domestic violence cases, this charge often arises when one party takes a swing at another or makes a threatening gesture but does not follow through with actual violence.

Penalties for PC 240-241(a)

• Misdemeanor: A conviction can result in up to 6 months or 1 year in county jail, depending on the severity.

Our defense may focus on the lack of intent or the absence of physical harm, helping to reduce or dismiss the charges altogether.

Protect Your Future with Power Trial Lawyers

Facing domestic violence charges in California, especially with multiple Penal Codes involved, can be overwhelming. The penalties are severe, and the long-term impact on your personal and professional life can be devastating. However, with Power Trial Lawyers on your side, you can trust that we will build a comprehensive defense to challenge the charges and protect your rights.

Call Power Trial Lawyers today at 213-800-7664 for a free consultation. Our legal attorneys are available to discuss your case and provide the representation you need to fight these charges. Don’t let a domestic violence accusation ruin your future. Contact Power Trial Lawyers at 213-800-7664 or fill out a contact form for a free consultation today