DOMESTIC VIOLENCE:

There are several crimes which are considered to be crimes of domestic
violence. These crimes include:

The California penal code defines abuse as "intentionally or recklessly causing
or attempting to cause bodily injury, or placing another person in reasonable
apprehension of imminent, serious bodily injury to himself, herself or another".
Domestic violence can refer to violence between spouses, partners, former
partners or spouses, children, individuals involved in a dating relationship, or
elder abuse.

Categories of crimes, which are often charged in a domestic violence case are:

* Penal Code Section 273.5 : willful infliction of corporal injury on a spouse,
former spouse, cohabitant, former cohabitant etc.
* Penal CodeSection 242 : Battery - any willful or unlawful use of force or
violence upon the person of another.
* Penal Code Section 243 (e): battery against a spouse, cohabitant, parent of
the defendant's children etc.
* Penal Code Section 240 : Assault - an unlawful attempt, coupled with a
present ability to commit a violent injury etc.
* Penal Code Section 136.1 of the : intimidation of victims and witnesses.

Domestic violence can be charged either as either a misdemeanor or a felony.  
This is what is called a "wobbler" offense.  Whether a case is charged as a
misdemeanor or felony will depend on the nature of the abuse and the
seriousness of the injuries. A client charged with a domestic violence offense
is potentially facing probation, incarceration, parole, court enforced counseling (
e.g. anger managment, domestic violence or parenting clasees), and fines.

Contact me at (408)876-7448 as soon as possible
for legal guidance.

San Jose Domestic Violence Attorney

San Jose Domestic Violence Lawyer