Types of Domestic Violence Facts: What Defendants Should Know

types of dv

We usually associate domestic violence with actual physical violence, so when someone hits, punches, slaps, or kicks a family member and that victim files a complaint, we can expect the person being reported to be slapped with domestic violence charges. He will then have to find a domestic violence attorney to represent him in court. There are defendants, however, who seem puzzled that they were booked for domestic violence when they never physically hurt a single hair on the head of a member of their family.

What those defendants and many other people don’t realize is that domestic violence is not just about physical abuse. There are other types of domestic violence, and they would do well to know what they are. Here are some facts about other forms of domestic violence that defendants should know.

Psychological abuse

Let’s say a defendant insists he has never laid a hand on his wife or children in any way. But if he constantly threatens and intimidates them, then he is committing psychological abuse. He could be threatening them with physical harm to their person or their property, or he could be going to great lengths to try to control the life of his victims in all aspects.

Emotional abuse

A domestic violence defendant may also say he never threatened anyone in his family of physical harm and still be charged with domestic violence because of emotional abuse. This kind of abuse takes place when the victim is often at the receiving end of insults, unflattering names, unfair and relentless criticism, and humiliation. Because of the emotional abuse the defendant has inflicted on his spouse or his children, the latter often suffer from a severely-diminished sense of self-worth. Admittedly, however, it could be tricky to build a domestic violence case around emotional abuse. In most cases, emotional abuse has to be claimed with other types of abuse to merit a domestic violence charge.

Sexual abuse

If the defendant is the type who thinks that his spouse is obligated to have sex with him whenever he wants, then it’s likely he is coercing sexual contact, and that is sexual abuse. It will also be sexual abuse if he forces his wife to have sex with other people. Even pressuring the spouse to have an abortion or not to use condoms and other contraceptives during sex can be construed as sexual abuse.

Economic or financial abuse

Many women complain about their spouses withholding money or not giving them access to their finances. These women are victims of financial or economic abuse, and they have every right to file a complaint. They could also take legal action if their spouse actively works to make her lose her job or prevent her from getting one, forces them to work, or demanding that they turn over their paychecks to him.

These are just some of the other types of domestic violence that defendants may have been committing, but were not aware that they constitute that kind of case. If you’re one such defendant, you are going to need the services of a lawyer who is well-versed in laws covering domestic violence to represent you in court.

Open law book with a gavel on top

If you or someone you know has been charged with anything related to domestic violence, there is a high probability that those charges are either corporal injury on an intimate partner or a spousal battery. A spousal battery is also called a domestic battery.  A corporal injury and a spousal battery are the most common domestic abuse charges. Despite having a few similarities, the crimes of a corporal injury and a spousal battery have a few distinguished differences that greatly affect the ways in which defendants are prosecuted and defended.

What is a Corporal Injury on an Intimate Partner?

Penal Code 273.5 PC governs a corporal injury to an intimate partner (CIIP). The crime may also be referred to as a spousal abuse, domestic abuse, domestic violence, and a willful or intentional infliction of CIIP. (more…)

There are several types of assault and battery in California. This post will discuss what’s simple assault and battery, as well as the standard penalties for each:

Simple Assault is found in instances where a batterer or abuser attempts to hurt or cause physical harm to someone else. This could mean trying to stab a victim with a knife, pen, pencil or some other object. This legal code however does not require that the victim was injured. The penalties are usually a thousand dollars in fines, up to six months in jail or both of these, in addition to probation and participation in a batterer’s program.

There’s also a separate legal code for aggravated assault. An example of this is when someone uses a deadly weapon or firearm during the course of the assault.

Simple Battery on the other hand, is defined as actually injuring someone, and that this was done deliberately. The penalties include up to two thousand dollars in fines and up to six months in jail. The penalties could be one or the other – or both.

Similar to assault, there are also aggravated battery charges which is when there are serious injuries reported – including loss of limb, disfigurement, sending a victim into a coma and more.

Other types of assault and battery, which are more complex in terms of proving evidence include sexual assault, domestic violence, and more – each of which carry their own methods for prosecution and sentencing in Newport Beach, California.

Top Defenses for Assault and Battery Includes:

  • Self Defense
  • Consent from Victims
  • False Accusations
  • Misidentification

If you or someone you know has been accused of an assault or battery, call a California criminal defense attorney immediately at (949) 250-6097. MacGregor and Collins will help to get the best outcome for your case.

Assualt and Battery LawsCalifornia’s penal code outlines the definitions, penalties and elements for assault and battery crimes – all of which are outlined in CPC 240 to 248.

Here are the main standards for prosecuting these cases:

 

  • The accused had the physical ability to commit a violent bodily injury

And

  • An attempt was made to do so by the offender

Not all assaults are batteries however, and the distinguishing factor is whether injury occurred. In this circumstance the fines are much greater. Penalty comparisons will be discussed below.

To paint a clearer picture, assault is basically making an attempt to injure someone, but no contact was made.  A battery on the other hand is when a victim sustains a physical injury. This could be a bruise, cut, abrasion, or a physical injury that is far more serious.

Penalties for Battery vs. Assault

A battery offense subjects those arrested to a maximum fine of $2,000, up to six months in prison, or both these sentences.

An assault subjects those arrested to a maximum fine of 1,000, up to six months in prison, or both these sentences.

Many cases of battery and assault occur between two parties alone. These are often domestic abuse cases, which are handled separately. If you or someone you know has been accused of an assault or battery, contact a criminal defense attorney immediately at (949) 250-6097. MacGregor and Collins will help to get the best outcome for your case.

Find more details about assault and battery laws in California here.

 

In recent reports by OC Weekly, a former Huntington Beach cop, James Roberts, has apparently pleaded partial guilt in domestic violence accusations by two women – his former wife and ex-girlfriend. The case included at least 20 counts against Roberts including felony vandalism, forced sodomy, rape, criminal threats, false imprisonment and more.

Roberts’ former wife has accused his colleagues of blatant disregard for domestic violence complaints by her, having covered up for their teammate. It is unclear however if these allegations are true. James has plead guilty to two crimes including vandalism and domestic battery with corporal injury. These crimes can carry a sentence of up to four years in prison, however the case ended earlier than anticipated, where Roberts, 36, was instead sentenced to the following terms:

  • 5 Years’ Probation
  • 52 Weeks in a Batterer’s Program

The other counts against Roberts apparently could not be proven. Roberts was charged with Vandalism for destroying his ex-wife’s personal property.

Huntington Beach has several domestic violence laws including the following:

Corporal Injury or California Penal Code 273.5 – which mimics the case above. It is when the victim sustains bodily injury whether severe or slight. Depending on the severity of the injuries, offenders may get lower or enhanced sentencing.

Domestic Battery or California Penal Code 243 e1 is when an attempt is made to injure another. However, no injuries will need to be inflicted or proved on the victim.

Other types of domestic violence in Huntington Beach include elderly abuse and child abuse. Domestic Violence cases includes the use of force, violence or threat against someone who is currently, or has had prior relations with the accused. It could be a past or present spouse, partner or parent of a child.

If you or someone you know has been accused of a domestic violence in Huntington Beach, contact the defense attorneys at MacGregor and Collins at (949) 250-6097. We will help to get the best outcome for your case.

Source: OC Register, OC Weekly

The OC Register has reported that a Santa Ana man, Mariano Antonio Castro, has been found guilty of sex crimes with his step daughter.

The details of the case include that the young girl was first sexually assaulted at the age of seven and was subsequently impregnated by her stepfather at eleven years of age. The prosecution was able to prove the case through DNA and paternity, however Castro’s criminal defense attorneys argued that instead of acting with duress – otherwise known as force, violence or threat, the young girl was instead persuaded to engage in sexual activities with the now 58 year old sex offender.

Santa Ana sex crimes come with a host of steep penalties, especially when it comes to assault on a minor. In this case the minor was under the age of fourteen and Castro was found guilty of multiple sex crimes including:

  • Rape under Duress
  • Continuous Sexual Abuse of a Child
  • Lewd Acts on a Child Younger Than 14
  • Aggravated Sexual Assault on a Child With The Use Of Force Or Fear

He is scheduled for sentencing in April, 2013, and could face close to seventy eight years to a lifetime imprisonment.

More About Lewd Acts with a Minor Under 14

This crime is known as deliberately engaging in sexual acts with someone under the age of fourteen for arousal or gratification. Those found guilty may face either or felony or misdemeanor charges. All offenders are additionally required to register in the sex offender’s database.

How do prosecutors and criminal defense attorneys find their own key pieces of evidence?  In sexual assault cases, there are multiple resources for gathering evidence, and it’s up to individual lawyers and prosecutors to come up with innovative ways of supporting their case. The most commonly used methods for laying the groundwork however include collaborations with private detectives, forensic specialists and DNA experts for gathering preliminary evidence of innocence or guilt.

If you or someone you know has been accused of a sex crimes in Santa Ana, contact the defense attorneys at MacGregor and Collins at (949) 250-6097. We will help to get the best outcome for your case.

Source: OC Register

Domestic violence is similar to assault and battery. However, it’s relative to when the abuse or violence is carried out in situations where both parties have domestic relations. The penalties for domestic violence are also more enhanced than general assault and battery alone.

Who Is  A Domestic Partner?

A domestic partner could be a significant other, the parent of a child, someone that’s living in the home, a spouse, an ex, and more.

This post will provide a brief overview of Domestic Violence Laws in California:

California Penal Code 273.5, also known as Corporal Injury is when someone is assaulted, and this assault leads to a physical injury.

California Penal Code 243e defines Domestic Battery as using force or violence against another, even if it does not result in injuries that are visible. A good example of this would be swinging a bat at a partner, but the person got out of the way before the bat hit. In this event, the victim can file a domestic battery charge.

Child Abuse is also a form of domestic violence. It is outlined in California Penal Code 273D. This is battery or assault on a child that results in injury. In addition, Child Endangerment under California Penal Code 273 is domestic violence, in which case a parent or guardian subjects a child or children to dangerous circumstances that would harm their health or well-being.

Not only do children and spouses fall into domestic violence situations, elders are also subjected to varied forms of financial, physical and mental abuse. Elders are defined as anyone over the age of 65, and those arrested, would be trialed under California Penal Code 368.

Domestic Violence cases are oftentimes allegations out of spite on another partner. If you’ve been falsely accused of domestic violence, contact MacGregor and Collins at 1000 Quail Street, Suite 110, Newport Beach, CA 92660, or call 949-250-6097.

Did someone conspire to accuse you of a crime? Maybe you’re facing Newport Beach drug possession charges, domestic violence allegations, or some type of sexual offense? The best scheme you can make at this time is to contact a lawyer who can help to prove your innocence.

Macgregor and Collins has worked closely with those who have been falsely accused of crimes. It’s possible to preserve your good name and avoid jail.  If you’re now facing criminal charges and need a Newport Beach criminal defense lawyer to help you, contact MacGregor and Collins at 949-250-6097, or visit 1000 Quail Street, Suite 110, Newport Beach, CA 92660.

Macgregor and Collins practice criminal law in dedicated regions, including Placentia, California. The law group has chosen to concentrate its practice in these areas to help fight the cases of those who have been falsely accused of crimes.

Macgregor and Collins also has several locations throughout Orange County, including Santa Ana, Lake Forest and at least 30 more – for the convenience of Orange County, California, residents. Their practice areas are also extensive to include domestic violence, molestation, rape, manslaughter, DUI , drug possession, and several other types of crimes. What can Macgregor and Collins help with? As a skilled Placentia criminal defense attorney for over 30 years, working with this legal service will bring you the best possible outcome for your case. Call a Placentia criminal defense lawyer now at 949-250-6097. You can also visit 1000 Quail Street, Suite 110, Newport Beach, CA 92660.

When you’re facing serious charges such as life imprisonment or high fines, you need a criminal defense attorney who can work to prove innocence, or lower fines. Even for DUI cases, keeping your driving privileges is a huge deal. To counter sentences, or request lower fines, work with a law group that knows the laws of California, and your rights – from all angles.

Macgregor and Collins has been servicing San Clemente for almost three decades. They’ve seen it all, and handled it all – from DUI, domestic violence, drug possession, perjury, false imprisonment, and the list goes on. If you’re currently facing one of these charges, call the San Clemente criminal defense attorneys at 949-250-6097. You’re free to also stop by 1000 Quail Street, Suite 110, Newport Beach, CA 92660.

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