Santa Cruz Domestic Violence Attorneys

How Common are Arrests for Domestic Violence?

Domestic violence has become one of California’s most significant legal challenges. In 2022 alone, domestic violence cost the state of California nearly $74 billion. As a result of this, law enforcement and the court system take charges of domestic violence seriously. An individual charged with a single count of domestic violence has about a 30% chance of being convicted of a crime. The more counts a person is charged with, the higher the likelihood of conviction. Individuals facing four or more domestic violence charges can anticipate an almost guaranteed conviction. The consequences of this can be severe.

A domestic violence conviction becomes part of an individual’s permanent criminal record and can follow someone for the rest of their lives. In addition to potential jail time and fines, being labeled a domestic abuser can impact a person’s ability to find and maintain a job, form new relationships, meet a romantic partner, and even affect where a person can live. This is why if you or a loved one is facing domestic violence charges in Santa Cruz, you must obtain representation from an experienced criminal defense attorney. An attorney from our knowledgeable and sympathetic team will be able to review the circumstances of your case and defend your legal rights. Depending on the charges, an attorney may be the only thing standing between you and heavy fines and a lengthy prison sentence.

What is Considered Domestic Violence in Santa Cruz?

The California Code, Family Code – FAM § 6211 defines domestic violence as abuse perpetrated against:

• A Current or Former Spouse
• A Current or Former Domestic Partner/Cohabitant
• A Current or Former Fiancée
• Someone With Whom the Accused Has a Child
• Someone the Accused Used to Date or is Currently Dating
• A Child or Children of the Accused
• A First or Second-Degree Blood Relative

“Abuse” here can mean a wide array of things. In many instances, it is up to the discretion of an arresting officer if they believe an incident has occurred that may be considered domestic violence. If police believe domestic violence is occurring or has occurred, they may make an arrest to err on the side of caution and protect the alleged victim or any children who may be at risk. Abuse may include, but is not necessarily limited to, assault, attempted assault, sexual violence, stalking, harassment, and more. Any act of violence, attempted violence, or even implied violence may lead to domestic violence charges.

Many abuse allegations include “he said/she said” situations. This is where one partner claims abuse occurred while the other partner maintains no abuse occurred, and there is no physical evidence to support either side of the story. Although the phrase uses gendered language, anyone can perpetrate abuse, and anyone can be the target of domestic abuse. This includes female perpetrators and male victims. In a “he said/she said” situation, the police may decide to make an arrest to “play it safe.” If this happens, the police will probably interrogate the alleged abuser. They may face criminal charges depending on what the person says during the interrogation. Remember, it is not the police’s job to determine if someone committed a crime or not. It is the police’s job to identify likely criminal suspects and help gather evidence that may be used against them in court. If the police believe someone may have committed domestic violence, they will probably make an arrest.

What are the Penalties for Domestic Violence?

The penalties someone faces for domestic violence will vary based on the charges. For example, if someone allegedly hit someone else during a domestic dispute, they may face charges of battery under California Penal Code PEN § 243. Someone convicted of battery faces six months in jail, a $2000 fine, or both.

Suppose the alleged victim had visible marks on them, such as cuts, bruises, lacerations, a black eye, or other indications that violence took place. In that case, the suspected abuser faces an increased charge of corporal injury under California Penal Code 273.5. Corporal injury is what is known as a wobbler offense. This is an offense that may be tried as a misdemeanor or a felony based on the circumstances of the case. The more severe the injuries appear, the higher the likelihood that a person accused of corporal injury will face felony charges.

Felony Corporal Injury

If someone is convicted of felony corporal injury, they face up to a year in jail or between two and four years in prison and a fine of up to $6,000. These penalties can increase if the accused has been convicted of a violent crime, sex crime, or domestic abuse within seven years of the charges. Being found guilty of felony corporal injury within seven years of a conviction for any of these crimes can enhance the penalties to between two and five years in prison and a fine up to $10,000. In addition, someone convicted of felony corporal punishment may face additional consequences, including having a restraining order placed against them and being required to complete domestic violence education courses.

Misdemeanor Corporal Injury

If someone is convicted of misdemeanor corporal injury, they face the same potential fines as someone convicted of felony corporal injury, but are only subject to a year in jail. Even a year of jail time can seriously impact the course of someone’s life and remain on their permanent criminal record. This can cost them jobs and relationships and have long-lasting repercussions after their release. For example, someone convicted of misdemeanor corporal injury would be banned from possessing a firearm for ten years under California state law.

These are only a few of the potential charges someone accused of domestic violence may face, and only a few of the possible punishments. Depending on the circumstances of the case, someone accused of domestic violence may face an even longer time behind bars. 

What Should I Do if I’ve Been Accused of Domestic Violence?

When an accusation of domestic violence is made, the clock starts ticking. In many instances, alleged victims are able to sway judges and juries to their sympathy easily. Don’t let this happen to you. Our dedicated legal team knows that when there’s smoke, there isn’t necessarily fire. We understand that sometimes, domestic relationships can lead to hurt feelings and resentment that may take the form of criminal accusations or misunderstandings that end in the courtroom. We fight to protect all of our clients’ rights and help them restart their lives as happy and productive members of society.

An accusation of domestic violence can be upsetting, but it doesn’t have to mean the end of your world. If you or a loved one is facing domestic violence charges in Santa Cruz, call one of our passionate and dedicated attorneys today at 408-669-4877 to schedule your free consultation.