Penal Code 243(e)(1)
Domestic Battery
Domestic battery is a common domestic violence offense. It is a misdemeanor offense, not a felony. Thus, it does not carry the possibility for prison time, only potentially county jail. However, a good defense attorney that knows how to defend these cases, can generally resolve the case without any jail time. It is important to note that this offense does not qualify for Judicial Diversion, under Penal Code § 1001.95, like most other misdemeanor offenses do.
A “battery” is defined as, “any willful and unlawful use of force or violence upon the person of another.” It is important to understand that a battery may be charged even when there is no injury resulting from the offense.
Under California Penal Code § 243(e)(1), the battery must be committed against a “spouse,” a “cohabitant,” a “parent of the defendant’s child,” a “former spouse,” a “fiancé,” or a “person with whom the defendant currently has, or has previously had, a dating or engagement relationship.”
The punishment for this offense is up to one year in prison, and a maximum fine of up to $2,000. The defendant would also be required to complete a 52-week batterer’s treatment program. They would also potentially be sentenced to at least 36 months of summary probation. It is also standard practice, that a protective order is placed on the victim. The level of the protective order may vary from permitting peaceful contact, to a full stay away order. Finally, gun ownership rights are prohibited by federal law.
With good representation, it is not uncommon to get no jail time, for these charges. The Law Office of Ben Mironer has successfully represented many clients charged with a violation of the domestic battery law, and our results speak for themselves.
Penal Code 273.5
Corporal Injury to Cohabitant
Corporal Injury to Cohabitant is another type of domestic violence offense. It is considered a wobbler, which means that it could be charged as a misdemeanor or a felony. Therefore, if charged as a felony, it does carry a possibility for prison time or county jail. If it is charged as a misdemeanor, there is only the potential for county jail. However, a good defense attorney that knows how to defend these cases, can sometimes get the charges reduced to a violation of California Penal Code § 243(e)(1), or resolve the case without any jail time. It is important to note that this offense does not qualify for Judicial Diversion under Penal Code § 1001.95, like most other misdemeanor offenses do.
Under California Penal Code § 273.5(a), “any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b),” is guilty of this offense. The type of victim described in subdivision (b) is a “spouse or former spouse”, “offenders cohabitant or former cohabitant,” the “offender’s fiancé,” someone with whom the offender has, or previously had, an engagement or dating relationship, the “mother or father, of the offender’s child.” The term traumatic condition is defined as, “a condition of the body, such as a wound, or external or internal injury…whether of a minor or serious nature, caused by a physical force.”
The punishment for this offense, if filed as a felony, is imprisonment in state prison for 2, 3, or 4 years, or in county jail for not more than one year. If charged as a misdemeanor, the maximum imprisonment is one year in county jail. There is also a fine of up to $6,000. The defendant will also be required to complete a 52-week batterer’s treatment program. If probation is granted, they will be sentenced to at least 36 months of summary probation. It is also standard practice, that a protective order is placed on the victim. The level of the protective order may vary from permitting peaceful contact, to a full stay away order. Finally, gun ownership rights are prohibited by federal law.
With good representation, it is not uncommon to get no jail time, if the charges are filed as a misdemeanor. The Law Office of Ben Mironer has successfully represented many clients charged with a violation of the corporal injury to a cohabitant law, and our results speak for themselves.
Penal Code 273a
Child Endangerment
Child endangerment commonly goes hand in hand with domestic violence charges, specifically when there is a child present during an altercation. Child Endangerment is considered a wobbler, which means that it could be charged as a misdemeanor or a felony. Therefore, if charged as a felony, it does carry a possibility for prison time or county jail. If it is charged as a misdemeanor, there is only the potential for county jail.
This offense may be charged when an individual “willfully causes or permits that child to be placed in a situation where his or her person or health is endangered.” This may occur whenever someone under 18 is placed in a dangerous situation. A dangerous situation may be broadly defined, and can describe many different types of situations. Sometimes the situation creates a risk for the child to suffer a great bodily injury, or even potentially death. It can also be a less serious situation like a child being present in a location where drugs are being used or paraphernalia is laying around.
It also applies to someone who “willfully causes or permits the person or health of that child to be injured.” This applies to anyone who cares for or has custody of the minor, and either injures the child or permits that minor to be injured. The extent of the injury may be something very minor, but this law would still apply.
Another situation where this offense may be charged is when “any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering. This portion of the law applies to both actual physical pain or just to mental suffering as a result of the risky situation.
The punishment for this offense, if filed as a felony, is imprisonment in state prison for 2, 4, or 6 years, or in county jail for not more than one year. If charged as a misdemeanor, the maximum imprisonment is one year in county jail. Also, there is a fine of up to $1,000 if it’s charged as a misdemeanor, and a fine up to $10,000 if charged as a felony. There is also a requirement to complete a 52-week child abuser’s treatment counseling program. Furthermore, the probation period is a mandatory minimum term of 48 months. Finally, there is often times a protective order issued to protect the victim. It is important to have a good attorney that can prevent this order from being a stay away protective order.
With good representation, it is not uncommon to get no jail time, if the charges are filed as a misdemeanor. The Law Office of Ben Mironer has successfully represented many clients charged with a violation of the child endangerment law, and our results speak for themselves.
Penal Code 273.6
Disobeying a Court Order
It is common to have a protective order issued in a domestic violence case. Disobeying a court order may be charged whenever someone violates a protective order, or a restraining order. This offense is a misdemeanor, and it carries a maximum sentence of one year in county jail.
There are different types of protective or restraining orders. After an arrest for a domestic violence, it is common that the arresting officer serves the defendant with an emergency protective order, which works similarly to a temporary restraining order. Once the defendant appears in court for the first court date, the arraignment, the Judge will generally order a protective order to protect the victim in the case.
There are different levels and various conditions that may apply to a protective order. The order may be as serious as a stay away order, which does not allow the defendant to come within a certain amount of feet from the victim. Some of the terms of the order may include no contact whatsoever, including no calls and no text messages. Other times the order may be less serious, and allow peaceful contact. It is important to have good representation, to argue on your behalf to limit the level of the protective order, on the very first court date.
With good representation, it is not uncommon to get no jail time, for this charge. The Law Office of Ben Mironer has successfully represented many clients charged with a violation of disobeying a court order, and our results speak for themselves.
Penal Code 236
False Imprisonment
A charge of false imprisonment may occur in association with another domestic violence charge. If someone restrains another person without their permission, they may be charged with false imprisonment.
California Penal Code § 237 outlines the punishment for a violation of false imprisonment. The offense is a wobbler, which means it may be charged as a misdemeanor or a felony. If it’s charged as a misdemeanor, it is punishable by a maximum county jail sentence of one year, and a fine of up to $1,000. If charged as a felony, it is punishable by a term of 16 months, 24 months, or 36 months. The jail sentence would still be served in county jail, under California Penal Code § 1170(h).
With good representation, it is not uncommon to get no jail time, if the charges are filed as a misdemeanor. The Law Office of Ben Mironer has successfully represented clients charged with a violation of the false imprisonment law, and our results speak for themselves.
Penal Code 207
Kidnapping
Kidnapping may be charged whenever someone forcibly moves another person, without their consent. California Penal Code § 207 states, “every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another county, state, or county, or into another part of the same county, is guilty of kidnapping.”
Kidnapping is a felony, and the punishment is potentially 8 years in state prison. However, if there are aggravating factors, which are explained in California Penal Code § 209, a defendant may be sentenced to life in state prison, with the possibility of parole.
There must a use of force or fear in order to get charged in kidnapping, but there could be a situation where divorced parents, that share custody, could get charged with kidnapping their own child if they use force to keep their child beyond their custody rights.
Needless to say, this is a very serious charge are requires immediate attention from a qualified criminal defense attorney. The Law Office of Ben Mironer has successfully represented clients charged with a violation of the kidnapping law, and our results speak for themselves.
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