Are You Facing Spousal Abuse Charges?
Spousal abuse charges in Orange County and Riverside California are punished under penal code 273.5 PC. This part of the law addresses domestic abuse/violence, spousal abuse, corporal injury, and battery. As the Law Offices of Randy Collins can tell you, charges cab be pressed as a misdemeanor or felony charges.
In some cases of domestic abuse, the victim in unable to retract an accusation once the charges are filed. The prosecutor will press the charges even where the alleged victim disowns his/her testimony.
Most domestic violence arrests occur when law enforcement officers are called to the site by the alleged victim or another witness. The LE officer will then respond by arresting the alleged aggressor and collecting any evidence including photos of any injuries on the victim.
What are the Penalties for PC 273.5 Violations?
The prosecutor determines whether to press felony or misdemeanor charges depending on some factors including nature of the victim’s injuries, and the alleged abuser’s criminal history. The penalties of a PN 273.5 felony include;
- 1-year imprisonment in the county jail
- $6,000 in fines
- Compensation to the alleged victim
- A protective or restraining court order
- 1-year therapy in anger management classes
- Community service
If you have been convicted of these charges before, a further violation makes you liable for
- 4 years imprisonment
- 5 added years for grievous bodily harm
- Heavier fine and tighter restraining
- Formal probation
How to defend against PC 273.5 PC Charges
There are several ways to make a defense include accidental injury, self-defense and malicious accusations by the alleged victim.
The accused person can claim that injuries on the victim were inflicted in the course of self-defense. For example, the wife could have repeatedly slapped the victim and the victim inflicted injuries trying to restrain her.
Accidental Injuries claim
This is where injures have been inflicted by accident, for example, the alleged abuser pushing the alleged victim out of the way whereupon she fell on the floor getting injured.
At times, domestic abuse claims are made maliciously out of jealousy, ill-will and to get an upper hand in a child custody case. The unfortunate thing is that the alleged victim cannot take back the statement if he/she is remorseful, which means the prosecutor must press charges.
Get Legal Assistance
If you are facing domestic violence charges, it is highly advisable that you seek legal assistance to avoid the heavy penalties including jail time. Getting an experienced attorney to argue your case in court can help dismiss the charges, or reduce the penalties against you.