Misdemeanor Domestic Violence
Orange County Misdemeanor Domestic Violence Attorney
Misdemeanor Domestic Violence Lawyer in Orange County
Misdemeanor domestic violence is a very serious charge and if you’ve recently been arrested in Irvine, Westminster, Fullerton, Huntington Beach, Costa Mesa, Newport Beach, Santa Ana or anywhere in Orange County you need to contact the professional Orange County domestic violence attorney specialists at the Law Offices of Michael L. Guisti right away.
Many people believe a misdemeanor isn’t serious, but misdemeanor domestic violence is very serious, because it can result in jail time, probation, fines and a restraining order preventing you from seeing your children and family, which is why you need to contact the Irvine misdemeanor domestic violence attorney specialists right away.
If you’re being charged with a FELONY domestic violence charge please read our Felony Domestic Violence right now!
Common Misdemeanor Domestic Violence Charges
They’re three common misdemeanor domestic violence charges, according to our expert Irvine domestic violence attorney.
Domestic Battery
Domestic battery under Penal Code (PC) 243 (e)(1) is when a suspect willfully inflicts force or violence upon their “intimate partner,” and that force or violence can be slight, just as long as there was physical contact and that physical contact was unwanted by the “intimate partner.”
This means if you hit your partner, slapped your partner, threw something at your partner or did something where you came into physical contact with your partner done in a harmful matter you’ll likely face this domestic abuse charge. It’s important to understand if you just barely touched your partner and it was considered to be done in a harmful matter you could face a several possible domestic abuse charges .
As our Orange County criminal lawyer explains, domestic battery is the least serious and most common domestic violence charge, but if the physical contact with your “intimate partner” did cause visible injuries you could face more serious charges.
Aggravated Battery
Our Irvine misdemeanor domestic violence attorney explains that if the victim suffered a serious bodily injury prosecutors could file it as aggravated battery under PC 243(d).
The main difference between domestic battery and aggravated battery is the aggravated battery victim must have a serious bodily injury that typically requires medical treatment.
This could be charged as a misdemeanor or felony.
Intentional Infliction of Corporal Injury
Our Westminster domestic violence attorney explains that PC 273.5 Intentional Infliction of Corporal Injury is very similar to aggravated battery, however the victim must have suffered a “traumatic condition,” and, perhaps most importantly, PC 273.5 limits the definition of "intimate partner” to current or former spouse, somebody you live or lived with, and/or the parent of your child.
Basically, if you have a boyfriend/girlfriend and were involved in a physical altercation, but don’t live together and never lived together nor have children together, then you cannot be charged with this crime.
“Traumatic Condition”
Understand a “traumatic condition” doesn’t have to be something dramatic that sends your “intimate partner” to the hospital, but rather can be something like a red mark, scratch marks or a bruise to invite these charges.
Other Possible Misdemeanor Domestic Violence Charges
Our Santa Ana domestic violence attorney needs you to understand if you’re being charged with one of these three misdemeanor domestic violence charges depending on your case you could face other domestic violence related charges, such as, assault and battery , making criminal threats, sexual battery charges, child abuse, stalking, harassment, child endangerment and disturbing the peace.
Now even if you’re being charged with a misdemeanor domestic violence crime it’s possible you could be charged with one or more of these domestic violence related crimes as a felony, which is why it’s very important to contact our expert Southern California domestic violence attorney who will work on your behalf to reduce charges as much as possible.
Your Criminal History
As our Orange County misdemeanor domestic violence defense attorneys have explained, the crimes of Aggravated Battery and Intentional Infliction of Corporal Injury are “wobblers,” meaning they can be charged either as a misdemeanor or felony.
The main thing prosecutors look at in trying to decide whether to charge you with a misdemeanor or felony is your criminal history, especially if you had any prior domestic violence charges.
One reason you need to retain an expert Irvine domestic violence defense attorney right away is California law allows prior acts of domestic battery admissible in pending cases, and a professional attorney can work with the district attorney’s office to keep charges at a misdemeanor.
Our Orange County domestic violence attorneys have over a decade of experience reducing even the toughest of domestic violence charges.
If Convicted of Misdemeanor Domestic Violence
If convicted of misdemeanor domestic violence you could face up to a year in county jail, up to $2,000 in fines, complete a domestic batterer’s program, pay up to $5,000 to a woman’s shelter, reimburse the victim for any medical and therapy expenses, and have a possible Domestic Violence Restraining Order (DVRO) placed against you.
Call the Misdemeanor Domestic Violence Attorneys Now!
Having a misdemeanor domestic violence charge on your record could cause problems for future employment and future housing. The fact is when most employers run a background check they simply see the words “domestic violence” or “domestic abuse” and they’re not going to care if it was a misdemeanor or what your side of the story is, which is why you must call our professional Irvine domestic violence attorney experts at the Law Offices of Michael L. Guisti now!
Even if you have a misdemeanor domestic violence charge on your record our Orange County expungement attorney can work to have it removed from public record.
Our Irvine domestic violence attorneys have over a decade of experience of successfully winning misdemeanor 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 misdemeanor domestic violence case and get you the best possible outcome, because we settle for nothing less, so please call us now.
