California Domestic Violence Attorney

San Diego Criminal Defense Attorney 

California laws regarding domestic violence are stricter than ever before. The state District Attorney's office has established special domestic violence units and prosecutors whose sole purpose is to obtain convictions against anyone charged with domestic violence. In addition, the laws can be quite complex and carry with them serious penalties. If you have been arrested for domestic violence or spouse abuse, it is imperative that you retain a domestic violence attorney who can provide a strong defense. At the Law Offices of Michael Berg, our experienced domestic violence attorneys will fully protect your rights and diligently explore any and all avenues of defense on your behalf.

Contact our domestic violence attorney for a free and confidential consultation.


What Is Domestic Violence?

Domestic violence and spousal abuse can be charged as a misdemeanor or felony. It is defined as abuse inflicted upon any of the following individuals:

  • a current or former spouse
  • a current or former cohabitant
  • a person with whom the accused is dating or has dated
  • a person with whom the accused has had a child with
    • a related child
  • a blood relation in the second degree (i.e. a grandparent)

Under California law, “abuse” means any of the following:

  • intentionally or causing or attempting to cause bodily injury to another person
  • placing a person in reasonable apprehension or fear of imminent bodily injury
  • sexual assault
  • violating a restraining order


California Laws On Domestic Violence

The most common domestic violence crimes include the following:

  • Penal Code 273.5 (corporal injury to a spouse or cohabitant) makes it illegal to inflict injury, such as striking one’s intimate partner in some violent way and causing visible injury, even a slight one such as swelling or a bruise. Conviction is punishable by up to four years in state prison, or up to one year in county jail, and/or a fine of up to $6,000.
  • Penal Code 273d (child abuse) makes it a crime to willfully inflict upon a child any cruel or inhuman corporal punishment or an injury that results in a traumatic condition. Conviction is punishable by up to six years in state prison, or up to one year in county jail, and/or a fine of up to $6,000.
  • Penal Code 273a (child endangerment) makes it a crime to willfully allow a child in your care or custody to suffer harm or to have his or her safety or health endangered.
  • Penal Code 243e(1) (domestic battery) makes it a misdemeanor crime to inflict force or violence on an intimate partner (fiancé, cohabitant, parent of your child, current or former spouse or dating partner). Visible injury is not required. Conviction is punishable by a fine of up to $2,000 and/or up to six months in county jail.
  • Penal Code 368 (elder abuse) makes it a crime to inflict physical abuse, emotional abuse, neglect, endangerment or financial fraud upon a victim 65 years of age or older.
  • Penal Code 422 (criminal threats) makes it a crime to threaten death or great bodily injury to another person (verbally, in writing, or by means of any electronic communication device). This crime can be charged as a misdemeanor or a felony and can be punished by up to one year in county jail or incarceration in state prison.


Consequences Of A Conviction For Domestic Violence

Consequences of a domestic violence conviction will vary depending upon the circumstances of each case, such as whether or not the accused had a history of violence or prior charges of domestic violence, or the severity of the injuries. Most counties in California impose a minimum 30 days in jail, even for first time offenders. Penalties can include any of the following:

  • incarceration in a county jail or state prison
  • fines
  • probation
  • community service
  • issuance of a criminal protective order
  • enrollment in a 52 week anger management course
  • counseling (for drug or alcohol addiction)

In addition, for those who hold professional licenses (attorneys, physicians, nurses, pilots, teachers, or other professionals) or security clearances (police officers, fire fighters, government employees or contractors), conviction for domestic violence may result in the loss of such licenses or clearances. Having a domestic violence conviction on your permanent record can also negatively affect future career opportunities, state licensing, and other benefits.



California Domestic Violence Attorney

Contact our domestic violence attorney for a free and confidential consultation.

Unfortunately, innocent people are wronglyaccused of domestic violence all the time in California. Often times, an accuser willmake a false allegation of domestic abuse. Sometimes what appears to the police to be domestic abuse was really an accident, or self-defense during a mutualstruggle. No matter what the situation, a charge of domestic violence is aserious matter, and you need expert representation. At the Law Offices of Michael Berg, our experienced attorneys will provide you with the best legaldefense possible. Call attorney Michael Berg today for a free case evaluation.