In California, domestic violence is a higher classification for assault and battery against a household member. However, it isn’t limited to assault alone, and the classification could apply to any infraction in which violence in families occurs. A domestic violence lawyer in Murrieta, CA can build a defense for defendants accused of these crimes.
Can the Victim Drop the Charges?
According to California state laws, the victim has no authority over the criminal case. It isn’t possible for the victim to drop the charges. However, the state must have evidence to support the charge and convict the defendant. If the victim doesn’t testify, the case could be dismissed.
What Penalty Is Applied to Domestic Violence Charges?
The maximum penalty for a misdemeanor charge is one year in jail and applicable fines. Any domestic violence charge that is a felony incurs a maximum sentence of four years. However, the exact injuries sustained by the victim dictate the classification of the charge. The condition of the victim also determines if higher penalties are applied.
Is There a Minimum Jail Stay After the Arrest?
The state could order the defendant to stay in jail for up to twelve hours without bail. The minimum time allows the victim to relocate to a safe location. The court might require the defendant to remain in jail until their trial if the victim’s injuries were life-threatening. Any domestic violence charges involving children could also prevent access to bail.
How Are Protection Orders Handled?
The judge issues a protection order after the victim’s attorney submits the request. In emergency circumstances, the judge approves the order after hours. The court order may provide relocation services and/or police protection for the victim. The location of the victim is not disclosed in any court documents.
In California, Section 243 of the state penal code defines domestic violence. The laws explain the infractions that are encompassed in the classification and how defendants are punished. Section 243(d) defines punishments for inflicting serious bodily injuries. The penal code also defines requirements for defendants after a restraining or protection order is issued. Defendants facing these infractions can contact a domestic violence lawyer in Murrieta, CA through the Law Office of Michelle Penna or visit the website now.
