DOMESTIC VIOLENCE CHARGES

Penal Code 273.5 – corporal injury to a spouse or co-habitant

PC273.5 is the most common charge in DV cases.  The elements of the crime are that a person:

Willfully and intentionally inflicted a bodily injury; and

The injury was inflicted on your current or former spouse, partner, girlfriend, or someone with whom you have had a sexual relationship, or a person with whom you have a child together.

PC273.5 is a “wobbler,” that can be filed as a misdemeanor or a felony and requires infliction of a “corporal injury” resulting in a “traumatic condition.” A traumatic condition is any visible injury even a slight one such as swelling or a bruise. Whether the case is filed as a felony or a misdemeanor, depends on the seriousness of the injuries.

Penal code 243(e)(1) – Battery of Cohabitant or spouse

To prove a PC243(e)(1) the prosecutor must prove that a person:

Willfully and intentionally inflicted a bodily injury; and

The injury was inflicted on your current or former spouse, partner, girlfriend, or someone with whom you have had a sexual relationship, or a person with whom you have a child together.

PC243(e)(1) is a misdemeanor and does not require any visible injury.       

Penal code 422 – Criminal Threats 

To prove a PC422 the prosecutor must prove that a person “willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement ….  is taken as a threat…”  Your words may get you arrested if the person you spoke the words too believes them to be a threat.  PC422 is a “wobbler” and can be filed as a misdemeanor or a felony.  A felony PC422 is a “strike” offense under California’s 3 strikes law.  PC422 is a very serious charge that must be taken seriously because of the significant consequences of a conviction. 

Penal Code 591.5 – Destroying Cellular Phone or Telephone

A defendant who willfully and maliciously removes, injuries, destroys or damages any wireless communication with the intent to prevent the victim from summoning assistance or notification of law enforcement is guilty of a misdemeanor. This charge is often filed when the victims cell phone is broken or a phone cord is pulled from the wall during an argument.   

Penal Code 646.9 – Stalking and Cyber Bullying

Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.

Penal Code 273.6 – Violating a DV Restraining Order

Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.

Penal Code 653m – making annoying phone calls

Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor.

Penal Code Section 136.1 – Intimidation of a Victim and Witnesses

PC136.1 makes it a crime to attempt to intimidate a victim or a witness from testifying against a defendant in a criminal case. Intimidation of a witness or a victim is punishable as a misdemeanor or a felony. Where the act of intimidation of a victim or a witness is accompanied by force or violence, the crime is punishable as a felony in state prison for two, three, or four years.  This charge is often filed when the defendant attempts to get a victim or witness to change their story.  Many times, the evidence in an intimidation case comes from the jail house recordings which are obtained anytime a visitor visits the defendant in jail or anytime the defendant calls from a jail phone.   

Penal Code Section 273a – Child Endangerment

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, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.  This charge is often filed when children are present and domestic violence occurs in their presence. 

Penal Code 594 – Vandalism

Every person who maliciously damages or destroys personal property not his or her own is guilty of vandalism.  If the amount of damage, or destruction is four hundred dollars $400 or more, vandalism is punishable by imprisonment pursuant to subdivision (h) of Section 1170 or in a county jail not exceeding one year, or by a fine up to $10,000.  If the amount of damage, or destruction is $10,000 or more, by a fine of up to $50,000.  If the amount of damage, or destruction is less than $400, vandalism is punishable by imprisonment in a county jail not exceeding one year, or by a fine of up to $1,000, or by both that fine and imprisonment.  This is usually filed when there is damage to property in the home like broken doors, windows, or furniture. 

Penal Code 415 – Disturbing the Peace

Any person who unlawfully fights in a public place or challenges another person in a public place to fight, who maliciously and willfully disturbs another person by loud and unreasonable noise, or who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine.