Understanding Domestic Violence Charges
What is DV in California?
Domestic violence in California can include physical, emotional, or verbal abuse against a spouse, cohabitant, or partner. It can also involve threats or intimidation. Any charge where the victim falls under the definition listed in California Penal Code 13700(b) could be prosecuted as a DV charge and carry the increased penalties associated with a DV conviction. The consequences can be severe, including jail time, restraining orders, forced attendance in batterer’s classes, community service or community labor (A.K.A the Sheriff’s work programs) and lasting damage to your reputation.
Some of the most common domestic violence crimes are:
Penal Code 243(e)(1) “domestic battery” (a misdemeanor) or
Penal Code 273.5, “inflicting corporal injury on an intimate partner” (a ‘wobbler’ that can be a felony or a misdemeanor) or
Penal Code Section 273a “child abuse and/or child endangerment” (a ‘wobbler’) and
Penal Code Section 273.6(a) “violation of a DV restraining order” (a misdemeanor).
Potential Penalties:
Domestic violence charges can often be charged as either felonies or misdemeanors. Either way, they carry longer probation terms than non-domestic assault charges, and that means a longer wait before your record can be expunged.
- Possible sentences include jail, prison, and even probation terms as long as 5 years
- Fines and restitution
- Possible PERMANENT deprivation of your second amendment rights
- Deportation
- You may need to take various classes and do community service
Challenging the Evidence
Domestic violence cases often hinge solely on witness or ‘victim’ testimony and circumstantial evidence. We can thoroughly investigate the facts, challenge the credibility of the evidence, and present alternative explanations to weaken the prosecution’s case. We explore every possible defense, from self-defense to wrongful accusations and lack of intent. We also work with alleged victims who do not want to press charges or prosecute, and who have no intention of testifying in court.
Our team
Willie L. Radford
Partner
Willie L. Radford, founder and managing partner of Gomez, Radford & Rome LLP, is a seasoned advocate with extensive criminal law experience. As a former prosecutor, he handled all aspects of criminal cases and successfully prosecuted felonies like drug offenses, weapons charges, and robbery. His background provides a unique perspective to exploit case weaknesses for favorable outcomes. Additionally, Mr. Radford has broad experience in civil litigation in Orange County and Los Angeles.
David C. Rome
Partner
David C. Rome, a founding partner of Gomez, Radford & Rome, excels in criminal and DUI defense. Mr. Rome has extensive experience in federal administrative appeals and served as a high-level Deputy District Attorney with a 100% jury trial success rate while in office. Known for his meticulous work and persuasive arguments, he handles all stages of the criminal process, achieving exceptional results for clients in serious cases, including homicide and assault weapons charges. Recognized as one of the “Top 40 Under 40” Criminal Defense Trial Lawyers, Mr. Rome is dedicated to fighting for justice.