Felony Domestic Violence
Orange County Felony Domestic Violence Attorney
Felony Domestic Violence Lawyer in Orange County
Felony domestic violence can result in years in prison, thousands of dollars in fines, prevent you from seeing your children and family, and even prevent you from living in your own house, which is why if you've been arrested for felony domestic abuse in Irvine, Westminster, Santa Ana, Huntington Beach, Costa Mesa, Newport Beach, Fullerton or anywhere in Orange County you must contact the Orange County domestic violence attorneys at the Law Offices of Michael L. Guisti right away.
Police and prosecutors are very quick to act on domestic violence cases, especially in cases where you allegedly hit your partner, and frankly many times they let their emotions guide their decision making rather than actual facts of the case. This means you, the domestic abuse suspect, are overcharged with a felony, and that is why if you've been arrested you need to contact the Irvine felony domestic violence attorney experts right away.
Common Felony Domestic Violence Charges
Our Irvine domestic abuse attorney explains they're two common felony domestic violence charges, Aggravated Battery and Intentional Infliction of Corporal Injury.
Intentional Infliction of Corporal Injury
The most serious felony domestic violence charge is, according to our Irvine felony domestic violence attorney, PC 273.5 Intentional Infliction of Corporal Injury, which is when you hit your spouse or throw something at your spouse that causes an injury.
To be charged with this crime the victim must have suffered a "traumatic condition," and, perhaps most importantly, PC 273.5 limits the definition of "intimate partner" to your current or former spouse/boyfriend/girlfriend/husband/wife, somebody you live or lived with, and/or the parent of your child.
The bottom line, if you have a boyfriend/girlfriend and were involved in a domestic abuse situation, but don't live together and never lived together nor have children together, then you cannot be charged with this crime. Chances are you'll probably be charged with aggravated battery.
Understanding "Traumatic Condition"
A "traumatic condition" doesn't have to be something serious, but rather can be something like a red mark, scratch marks or a bruise, regardless of how small or large, to invite these charges.
Our Orange County felony domestic violence attorney have dealt with many cases where police and prosecutors make an assumption that physical contact by the suspect would have likely resulted in leaving a mark or some kind of injury, even though there is no visible mark. If there is no mark or doctor's report of injury then you shouldn't be brought up on these felony domestic abuse changes, which is why you need to contact our Irvine domestic violence attorney experts right now.
Aggravated Battery
Our Irvine felony domestic violence attorney explains that if the victim suffered a serious bodily injury you'll likely face aggravated battery under PC 243(d).
Understand that for aggravated battery charges to be brought up victim must have a serious bodily injury that typically requires medical treatment.
Now to be charged with this crime the victim needs to be, your boyfriend or girlfriend, your current or former spouse, someone whom you live with, including roommates, the parent of your child, or anyone you are or were dating, regardless of how causal.
Other Possible Felony Domestic Violence Charges
Once police and prosecutors conduct their investigation it's certainly possible your felony domestic violence situation could warrant other domestic violence related charges.
Child Abuse
It's a crime to inflict "corporal punishment or injury" on a child if it was "cruel or inhuman" and caused an injury.
Child Endangerment
A very common charge in domestic violence cases where it's a crime willfully to allow a child to suffer harm or to have their safety or health endangered, and in some cases a child witnessing physical violence is enough to invite this charge.
Elder Abuse
If the domestic violence situation involves a person 65 years or older it's a crime to inflict physical abuse, emotional abuse, neglect, endangerment or financial fraud on that person.
Criminal Threats
Very common in many domestic violence cases is criminal threats, which is a crime to communicate a threat of serious harm to someone if you intend to put the person in fear, and you actually do put the person in sustained, reasonable fear.
Sexual Battery
Sexual battery is when you unlawfully touch another person for the purpose of sexual arousal, sexual gratification, or sexual abuse.
VERY Important
Our Irvine domestic violence attorney stresses you could face these other charges separately or in addition to the felony domestic violence charges and these charges could also be charged as a felony, which is why it's very important to contact our professional domestic violence lawyer right away.
Misdemeanor Domestic Violence Charges
Depending on your case it's possible you could face lesser misdemeanor domestic violence charges. Visit our Misdemeanor Domestic Violence page for more information.
What If the Victim Doesn't Show Up for Court?
If the victim doesn't show up for court, or refuses to cooperate, you can still be tried and possibly convicted on felony domestic violence as some prosecutors and judges may just move forward in their case against you without the victim.
If Convicted of Felony Domestic Violence
If convicted of felony domestic violence you could face up to five years in state prison, and possibly more prison time if convicted of inflicting "great bodily injury" upon the victim, possibly a strike on your record, possibly up to $10,000 in fines depending on the details of your case and criminal history, a restraining order, pay up to $5,000 to a woman's shelter and reimburse the victim for any medical and therapy expenses.
Call the Felony Domestic Violence Attorneys Now!
This is a very serious charge, and if you don't have a professional defense attorney on your side this charge can result in major prison time and very expensive fines, and that is why you need to contact the Orange County domestic violence attorney experts at the Law Offices of Michael L. Guisti right now!
If there is a "silver lining" that is our Orange County felony domestic violence attorney can work to reduce these charges to a lesser misdemeanor charge.
Our domestic violence attorneys have over a decade of experience of successfully winning even the toughest felony domestic violence cases for our clients in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.
Our goal is to WIN your felony domestic violence case and get you the best possible outcome so you can go on with your life, so please call us now.