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Domestic violence crimes involve violence or abuse directed toward intimate partners. In some situations, the alleged targets of these crimes may claim that they have suffered physical injuries as a result of a perpetrator’s actions. The presence of physical injuries can result in law enforcement officers filing more severe charges that may result in harsh penalties.

All too often, accusations of domestic violence turn out to be false, such as when they arise in the context of divorce or child custody proceedings. Nonetheless, even if the alleged victims later want to “take back’ their accusations, the law may not permit them to do so. If you are facing charges, retaining the advice of a San Leandro domestic violence with injury lawyer may be essential, as you can expect prosecutors to seek harsh penalties in your case.

Domestic Violence with Injuries in San Leandro

Cal. Pen. Code § 273.5 is a “wobbler” offense – it can be charged as a misdemeanor or felony.  Individuals may face a Penal Code section 273.5 charge if they intentionally inflict physical injury that results in a traumatic condition on any of the following persons:

  • Spouse or former spouse
  • Current or former cohabitant
  • Anyone with whom they currently are or formerly were in a dating relationship or to whom they are or were engaged
  • Individuals with whom they share a child

The code section goes on to define “traumatic condition” as a medical condition caused by physical force, such as a wound or any internal or external injury. Physical force may also include suffocation or strangulation. Whether a Penal Code §273.5 violation is charged as a felony or a misdemeanor tends to depend on the extent and severity of the injuries.

Penalties for Domestic Violence with Injuries

A felony conviction for domestic violence with corporal injury can result in a prison sentence of two, three, or four years, or a county jail sentence of no more than one year, a fine of up to $6,000, or both. For individuals with a previous conviction in the past seven years, penalties may include a minimum of one year in jail, a prison term of two, four, or five years and a fine of up to $10,000.

In some cases, a judge may sentence an individual convicted of domestic violence to probation as opposed to incarceration. Often, however, one of the conditions for probation for individuals with prior convictions is mandatory jail time. If individuals have one prior conviction within seven years, the minimum jail sentence is 15 days. If they have two or more prior convictions, the minimum jail sentence is 60 days.

Furthermore, if the court grant probation, it may direct individuals to pay up to $5,000 to a domestic violence shelter instead of a fine. The court may also order individuals to reimburse alleged targets of the domestic violence for the reasonable costs of counseling and other expenses. Individuals convicted of a PC §273.5 violation can also be required to participate in and complete a 52-week Batterer’s Treatment Program.

Finally, as an attorney in San Leandro may advise, the court can issue a protective order that prohibits contact between the parties for a period of up to ten years, regardless as to whether one party is incarcerated. As the penalties for a felony conviction may be severe, getting the advice of a domestic violence with injury lawyer in San Leandro could be helpful.

Consult with a San Leandro Domestic Violence with Injury Attorney

In addition to the sanctions and permanent criminal record associated with a domestic violence offense, a d defendant will lose certain civil rights, such as the right to possess a firearm for life even if the conviction is for a misdemeanor Penal Code section 273.5 violation. A San Leandro domestic violence with injury lawyer can fully advise you of the potential repercussions of a domestic violence conviction.

When domestic violence allegations are unfounded, legal counsel may be able to work toward having charges dismissed. In other cases, especially if the alleged victims have changed their minds about the situation, they may be eligible for reduced charges or other opportunities to avoid the possible consequences of a domestic violence conviction.

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