Domestic Violence is a wobbler (can be charged as a felony or a misdemeanor). ***
Domestic Violence is violent or aggressive behavior within the home, typically involving the violent abuse of a spouse or partner. “Police, social services, and voluntary agencies are working together to tackle domestic violence.”
Although this crime used to be more prevalent in the impoverished communities, it is has found it’s way into neighborhoods with middle or upper class and usually starts over a cell phone text from the ex (jealousy) or money problems.
It generally occurs when one or both parties are under the influence of alcohol, meth, or some other controlled substance.
While most victims want to “recant” their statements after they realize their loved one is in custody, it is in the state’s hands. The Prosecutors are well versed in this crime and ever since the OJ INCIDENT****, cops take this crime very seriously, and don’t listen to victim’s who recant they’re statements or who are uncooperative.
You need a lawyer who knows the twists and turns that this crime entails.
Depending on your record, the LAW OFFICES OF VICTORIA CLEMANS, has had many great results obtaining DISMISSALS for this crime.
If you have no criminal record, and you’re charged with this crime, there is a good chance your matter will be dismissed.
The law offices of Victoria Clemans will meet with you if you’re in custody, and will come to the Central Men’s Jai, Twin Towers or Wayside to the attorney room. If out of custody, you can book a consultation and Ms. Clemans will walk you through the crime step by step.
It is imperative that you don’t make statements to the cops or detectives who come to the jail or call you on the phone if you’re out of custody.
The people have the burden of proof to prove beyond a reasonable doubt that:
Felony Section 273.5:
That statute reads: ******
- Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars, or by both fine and imprisonment. . . .
(c ) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section.
In other words, you don’t have to be living with the person, you just have to be a relationship with them or a former relationship with that person.