Violation of California Penal Code 273.5 and 243(e)(1)
Domestic violence is commonly referred to as spousal abuse or domestic abuse. It generally occurs between a man and a woman, who are in a dating, romantic or married relationship.
The O.J. Simpson case, which riveted the nation from late 1994 through the end of 1995, changed the way charges of domestic violence are investigated and prosecuted. Prior to the Simpson case, a wife or girlfriend may call 911 to report a husband or boyfriend was physically abusing her. The police would be summoned, photos and other physical evidence would be taken, and the defendant would be quickly booked on domestic violence charges.
The big change is if the wife or girlfriend decides after the charges were alleged that she does not want to prosecute her husband, the District Attorney’s office can (and likely will) prosecute the case. In fact, in such a situation, a case can be prosecuted on her “hearsay” statement without her ever appearing in court. Many defendants are convicted every year without the witness on the stand. The police officer testifies and the defendant is found guilty.
These are very dangerous, volatile cases and need to be handled very delicately. The District Attorney’s office does not take these types of cases lightly, and in fact, they have a very strong policy in prosecuting these cases.
A domestic violence case can be charged either as a felony or a misdemeanor. In a felony, if the injuries are serious, an individual can be sent to state prison for up to 3 years.
Most of the time when someone is involved in any kind of domestic violence, they are required to commit to a 52 week treatment program. However, there are cases where the charges can be modified, and someone can attend an anger management program – which is approximately 10 weeks of counseling, in lieu of the 52 week class.
There are many issues involved in a domestic violence case, and if you call the Law Offices of Stull & Stull, we can discuss these issues and help you or your loved one plan a defense strategy for their case. The initial consultation is free.