In California, domestic violence is a legal classification applied to the threat of bodily harm or the act of causing bodily harm. The victim and the aggressor in these cases are either related or live in the same property. A criminal attorney in Torrance, CA provides a defense for individuals who are arrested and charged with the infraction.
What Is Considered Domestic Violence?
Domestic violence is considered any threat or actual physical assault against a family or household member. Any form of assault or battery is encompassed in the criminal charges. It can involve children or adults. The aggressor is taken into custody if law enforcement is called to the scene.
Does the Charge Involve Previous Romantic Partners?
Yes, domestic violence charges apply to any parties that were once romantically involved. The classification applies to any assault charge including physical or sexual assault. The penalties are increased if evidence of a relationship is presented when or after the individual is charged.
How Are the Charges Filed?
The victim has the right to call law enforcement to their home during or after an attack. They also have the option to visit the local precinct to file formal charges. Once charges are applied, the aggressor is arrested either on the scene or once the formal report is submitted. The defendant must attend an arraignment before being released on bail or bond.
What Penalties Result from a Conviction?
The standard penalties for domestic violence start with up to one year in jail and a fine of $2,500. However, the severity of the victim’s injuries plays a role in determining the exact penalties. More severe injuries increase the penalty. The age of the victim also plays a role in the charge applied to the defendant.
In California, domestic violence presents higher criminal penalties for defendants than standard assault or battery charges. Anyone who is convicted of domestic violence and involved in a divorce case could be limited to supervised visitation with their child. In some cases, the conviction could lead to sole custody of the other parent. People facing domestic violence charges can contact a criminal attorney in Torrance, CA through Shook & Associates Inc or Visit the website right now.
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