Facing a Domestic Violence Case in the San Jose area? Act now; this could put you in jail for a long time. Take Action to Protect Yourself.
If you find yourself in the frightening situation of facing a domestic violence case, you have several options. One option is to ignore the case. This is almost always a terrible choice. Once the cops get involved,they do not let it you. They will find you. Simply hoping the case will go away will likely do nothing but harm to you. A better option is to hire an experienced San Jose domestic violence attorney.
John (not his real name) was facing such a case. His wife called the cops after a terrible argument and he got into it with her. The San Jose Police Department showed up and arrested him. He called Javier Rios right after bailing out of jail. Good thing he called Javier Rios immediately because Mr. Rios was able to advise the client, get an attorney for the client’s wife and investigate the case. Mr. Rios was proactive and after much work was able to persuage the District Attorney to not file any charges, complete victory for the client and his wife.
Domestic Violence cases are no simple matter. Here is what you can be up against if involved in a domestic violence case:
Domestic violence does not just happen between married people. Any assault or threatening behavior can be considered domestic violence including the following relationships:
Separated or divorced
Children in common: When children are involved: A case of domestic assault becomes more emotional and more serious when children are involved.
|Statute||Description of Charge||Potential Sentences|
|PC 273.5||Battery of a spouse or intimate partner||Up to 1 year in county jail|
|PC 243 (e)(1)||Misdemeanor for battery of cohabitant||Up to 1 year in county jail|
|PC 273 (a)||Child abuse – Corporal punishment||Up to 3 years in state prison|
(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment.
California Penal Code 273.5 covers domestic abuse. This is the abuse to a spouse or intimate partner. This includes people who are in a dating relationship. The relationship between the victim and abuser can be current or previous. The crime of domestic violence is complicated. In some cases, it is a misdemeanor and in other cases, it is a felony. This is determined by the willful act of corporal punishment to the victim. For example, a kick or a punch, squeezing of the arm, neck, or other parts of the body are severe punishments. Depending on the facts of the case and the record of the defendant, the crime may be defined as a felony.
When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer’s treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.
Penalties for domestic battery include a fine not exceeding $2,000 and/or by imprisonment in a county jail for up to 1 year.
PC 273. (a)
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.
Penal Code 270 and 273.(a) are statutes that deal with child endangerment. If a person is in a violent domestic situation and they do nothing to remove the child from the situation, they may be found guilty of child endangerment. Further, allowing a child to be physically harmed or hurt and not helping the child, is child endangerment. This does not include normal punishment. Placing a child in time-out, and taking away their toys is not child endangerment. Even spanking is not child endangerment, unless it is done with excessive force and leaves marks on the child.
PENALTIES FOR CHILD ENDANGERMENT?
Punishment for domestic violence includes up to a year in county jail and fines up to $6000 if charged as a misdemeanor. If found guilty of a felony, the sentence is up to four years in state prison, or more depending on the situation.
If convicted of child endangerment as a misdemeanor, the penalties can be:
Up to a year in county jail
Informal probation for a minimum of four years
Completion of a one-year Child Abuse program
Order of protection to keep the child safe
Up to $1000 fine
If convicted of child endangerment as a felony, the penalties include (but are not limited to):
Up to six years in prison
Up to $10,000 fine
Formal probation for minimum of four years
A strike on your record according to the California 3-strike laws.
YOU NEED TO LAWYER-UP.
California family members that are involved in domestic violence need to obtain experienced legal representation to either pursue or defend against these claims. Javier Rios, with over thirty years of experience, understands that an innocent person may need to wage a defense against claims of domestic violence. Furthermore, even if someone has committed domestic violence, it is essential to obtain an experienced domestic abuse attorney to stand up for your rights. Javier Rios has over thirty years of experience in representing people accused of domestiv violence. He knows how to negotiate a case for the best deal; he knows how to take it trial and fight for a complete acquittal.