Whenever the Police are called to the scene of a domestic disturbance, there is almost always the suspicion of some type of Domestic Violence charge considered. What this means is that there is a very high likelihood one of the parties will be arrested and booked into jail. While there are a number of Penal Codes which may apply, given the individual facts of the case, one of the more common charges filed is California Penal Code 273.5 – Corporal Injury Upon a Spouse or Cohabitant.
Battery upon a person is always a crime, but when you have a special relationship with the alleged victim, the charge can quickly become more serious, with much more serious penalties.
Penal Code Section 273.5 applies when the alleged victim either is or was one or more of the following:
(1) The offender’s spouse or former spouse.
(2) The offender’s cohabitant or former cohabitant.
(3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship.
(4) The mother or father of the offender’s child.
Even if the victim does not desire prosecution in a case like this, the District Attorney will likely file charges as a matter of Public Policy.
Additionally, California Penal Code Section 273.5 is what is known as a “wobbler” meaning it can be charged as a Misdemeanor or as a Felony. If charged as a misdemeanor, it can result in up to a year in jail, but if charged as a Felony it can result in up to 4 years in a State Prison.
If you or a loved one are arrested for the charge listed above or any other Criminal Charge, it is vital to seek out help as soon as possible. Contact The Law Offices of Bryan R. Kazarian and schedule a free consultation.