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Spousal Abuse Defense Attorneys in Los Angeles 
Spousal Abuse
California takes spousal abuse cases very seriously. A spousal abuse conviction may be considered a misdemeanor or felony with the potential for serious jail time and heavy fines. Spousal abuse charges can also seriously tarnish your reputation and even adversely affect your career and your future. If you are facing spousal abuse charges in Los Angeles, please contact a skilled spousal abuse defense attorney to examine your legal rights and options.
California Spousal Abuse Laws
Spousal abuse laws fall under California Penal Code Section 273.5, which states: "Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition," is guilty of felony spousal abuse. "Traumatic condition" is defined as a wound or external or internal injury of minor or serious nature. This means that even a minor injury such as a bruise or swelling can result in a spousal abuse charge.
Penalties for Spousal Abuse
Spousal abuse cases have a wide array of potential penalties. The severity of the sentence depends on the facts of the case, the extent of the injuries and the suspect's criminal history. Someone with a history of violent crime convictions will face stiffer penalties than a first-time offender.
- Misdemeanor sentencing results in a three-year informal probation, up to one year in county jail and up to $6,000 in fines. Repeat offenders face mandatory jail time and higher fines. A convicted spousal abuser may also face a protection order or a restraining order, which restricts the rights of the convicted and protects the victim or victims.
- Felony Sentencing may result in a formal probation, up to two, three of four years in state prison, and a potential strike towards California's Three Strikes Law.
What is Corporal or Bodily Injury?
A corporal or bodily injury is a physical injury to the body of the victim. Penal Code 273.5 covers injuries caused by a spouse by hitting, punching, slapping, burning, biting, pushing or kicking. Physical injuries that are considered a bodily injury may be as minor as a scratch or a bruise and as serious as a broken bone or concussion. Emotional and mental abuse cannot be prosecuted under Penal Code 273.5, but it may be prosecuted under Penal Code 422.
Defending Spousal Abuse Charges
Spousal abuse charges often occur in households where the marital relationship is falling apart. Arguments over child custody and divorce proceedings often lead to false allegations. Other cases involve a defendant being wrongfully charged for abuse when he or she was actually only acting in self-defense. An experienced criminal defense attorney will consider every possible circumstance that may have led to the injuries. In order for there to be a spousal abuse conviction, the defendant must have willfully and deliberately caused the damage. When an injury is caused by accident, a crime has not been committed.
The Los Angeles physical abuse defense attorneys at Takakjian & Sitkoff, LLP have a long history of successfully defending spousal abuse cases in southern California. If you are facing a serious domestic abuse charge such spousal abuse, call our offices immediately to discuss your case.
If you have been arrested for a spousal abuse offense in Los Angeles then please call us immediately for a FREE CONSULTATION at (888) 579-4844
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Domestic Violence Resource Center
- Los Angeles Domestic Violence FAQs
- Alcohol and Domestic Abuse Defense Lawyers in Los Angeles
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- Los Angeles Domestic Violence Consequences and Penalties
- Los Angeles Elder Abuse Defense Lawyers
- Domestic Physical Abuse Defense Lawyers in Los Angeles
- Spousal Abuse Defense Attorneys in Los Angeles
- Domestic Stalking Defense Attorneys in Los Angeles
- Los Angeles Domestic Violence Resources
