Section 273.5(a) of the California Penal Code (PC) refers to a crime of domestic violence committed by an individual living in a household relationship, such as a spouse, ex-spouse, or the ones who live together. These violations involve acts of physical harm, both minor and serious, domestic battery, and injuries leading the victims to have traumatic conditions.
Every perpetrator of domestic violence will be prosecuted as either a misdemeanor or a felony, which can be evidenced by the involvement of various factors. Of course, every domestic violation will be rewarded with different punishments, including imprisonment and fines.
Okay, here’s everything you can know about punishment for California PC 273.5 (a)!
How Long is the Penalty of Imprisonment for 273.5 (a) PC?
In California, offenses regarding domestic violence are classified as wobblers,” which means they can be prosecuted as misdemeanors or crimes depending on several factors, including:
- The defendant’s criminal history
- The severity of the injury that the victim received
- A weapon might be involved.
If someone is found guilty under Section 273.5(a) PC, the potential penalties could include a fine, probation, a program of mandatory counseling and anger management, and in more serious cases, imprisonment.
When it comes to the question of how long a person is sentenced for a domestic violence offense, it will vary and could be complicated since the specific sentences will differ based on the details of the case and the discretion of the court.
Here’s the explanation:
Misdemeanor Conviction
- For a misdemeanor with minor bodily harm, a person may face up to three years of informal or summary probation. And they will be banned from owning or possessing a firearm for life under federal law and for ten years under California law.
Felony Conviction
- If someone is charged as a felony with committing an egregious crime in a domestic situation where the victim suffered significant bodily harm, they can be sentenced to up to four years in state prison or one year in the county jail. They also need to pay fines up to $6,000.
- If a person has a prior conviction under 243(d) for sexual battery or specific types of assault causing grievous bodily harm to the victim, they may be sentenced to two or five years in state prison and one year in county jail. In addition, they also need to pay fines up to $10,000. If they have one prior conviction or a minimum of 60 days for two prior convictions, they must also serve a minimum of 15 days in county jail.
- If a person has a prior domestic violence conviction under 243(e) PC, they may be sentenced to up to four years in state prison or one year in county jail. And they must also pay fines up to $10,000. If they have one prior conviction or a minimum of 60 days for two prior convictions, they must also serve a minimum of 15 days in county jail.
The courts will usually give offenders probation in lieu of imprisonment, a sentence requiring 52 weeks of domestic violence counseling. Apart from this, the courts will typically enforce acts of community service, anger management, and protective orders that prohibit all contact with a confessed victim.
Well, the protective orders here can prohibit all contact, not only with the alleged victim but also with children.
How is Someone Charged with Domestic Violence?
Of course, there are a series of complicated and long processes to find someone guilty and charged with acts of domestic violence. The person might not be prosecuted for a prison sentence but may still be charged with a similar offense.
For example, a husband pushed his wife physically, but she was not injured and did not suffer any injuries. In this situation, physical injury charges may not apply since there was no traumatic injury. However, if there had been a small bruise accidentally scratched on his wife’s arm, he would probably have had to post bail between $25,000 and $50,000.
Well, the husband could still be charged with violating the following offenses:
- Domestic Battery: California Penal Code Section 243(e)(1) PC
- Assault: California Penal Code Section 240 PC
- Battery: California Penal Code Section 242 PC
- Battery Causing Serious Bodily Injury: California Penal Code Section 243(d) PC
To indict someone for committing domestic abuse, the public prosecutor must be able to prove the following elements:
- The defendant intentionally injured his current spouse or ex-spouse physically, the person he or she lives with together, or the child’s parent.
- The defendant did not act in self-defense.
- The injury resulted in a traumatic situation for the victim.
Can Someone Defend Themselves Against Allegations of Domestic Violence?
Just like other offenses that involve acts of physical harm, it is permitted for the person to use physical violence to defend themselves or others from threats of domestic violence or immediate harm. Of course, the right to self-defense can apply to cases of domestic violence, and it can be an appropriate defense if a spouse uses physical force to protect themselves or their children.
The right of defense can also be exercised by someone who is accused of committing physical abuse of a partner, in which case the accusation is false in the hope that one of the partners, either husband or wife, gets into trouble and acts as if he or she is committing a crime against the law. Unfortunately, when the accuser regrets his actions and wants to retract the accusation, the police and prosecutors will often move forward to investigate and process the case.
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