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Domestic Violence Defense California

Domestic violence defense California lawyer Attorney Payman Zargari can help you deal with domestic violence arrests and charges. Domestic violence allegations are serious and can lead to jail time. Defend yourself against domestic violence charges. Fight back with our help.

If you are accused of assaulting your spouse, live-in partner, child, it can easily get serious - fast. The moment you're arrested for a domestic violence defense charge in California, call us immediately. This is the only way we can protect you from committing mistakes that could compromise your interests later on.

The following are the typical domestic violence charges in California.

Spousal and Child Abuse

The provisions for Spousal Abuse, which can be found in the Penal Code Section 273.5., state that a person who "willfully inflicts corporal injury resulting in a traumatic condition upon" any of the following:

  1. The offender's spouse or former spouse.
  2. The offender's cohabitant or former cohabitant.
  3. The offender's fiance or fiancee, or someone with whom the offender has, or previously had, an engagement or dating relationship
  4. The mother or father of the offender's child.

Shall be guilty of a felony and, upon conviction, shall be punished:

  • by imprisonment in the state prison for 2, 3 or 4 years, or
  • by imprisonment in a county jail for not more than 1 year, or
  • by a fine not exceeding $6,000, or
  • by both imprisonment and fine.

The provisions for Child Abuse, which can be found in the Penal Code Section 273d, states that a person who "willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony" punishable:

  • by imprisonment in the state prison for 2, 4, or 6 years, or
  • by imprisonment in a county jail for not more than 1 year, or
  • by a fine not exceeding $6,000, or
  • by both imprisonment and fine.

Traumatic condition is defined as "condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force."

Terrorist Threats / Criminal Threats

According to the Penal Code Section 422, threatening to kill or do bodily harm to another person is a crime, even if there is no real intent to carry out the threat. The conditions for criminal threats charging include:

  1. Mode of Threat
  2. The threat was conveyed:

    • verbally
    • in writing
    • via an electronic communication device (.e.g telephone, fax, video recorder, computer, cellphone, etc.)
  3. Manner by which the Threat Was Made
  4. The threat was made in the following manner:

    • unequivocal,
    • unconditional,
    • immediate, and
    • specific
  5. Effect on the Person Threatened
  6. The threat was made in such a way that the person at the receiving end of the threat:

    • feels the gravity of purpose contained in the threat,
    • perceives an immediate prospect of execution of the threat,
    • is reasonably placed in a sustained fear for his/her own safety or for his/her immediate family's safety

A person found guilty of criminal threats is punishable

  • by imprisonment in the county jail for up to 1 year, or
  • by imprisonment in the state prison

If you're accused of making criminal threats, you may be charged with either a misdemeanor or a felony. Call us early so we can give you maximum legal help

Child Neglect

Section 270 of the Penal Code declares Child Neglect as a misdemeanor punishable:

  • by imprisonment of no more than 1 year in a county jail, or
  • by a fine of up to $2,000, or
  • by both imprisonment and fine

Child neglect (or child abandonment or desertion) is deemed to have occurred when, without lawful excuse, a parent of a minor child neglects to furnish the child with:

  • necessary clothing, or
  • food, or
  • shelter, or
  • medical attendance, or
  • other remedial care
Elder Abuse

Section 368 of the Penal Code defines Elder Abuse as a person who knows or reasonably should know that a person is an elder (65 years and over) or dependent adult (people 18-64 years but with mental or physical limitations) yet still wilfully:

  • causes or permits the elder or dependent adult to suffer, or
  • inflicts unjustifiable physical pain or mental suffering on the elder or dependent adult, or
  • having the care or custody of the elder or dependent adult, causes or permits the person or health of the elder or dependent adult to be injured, or
  • causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered

The punishment for elder abuse as described above varies according to the condition at the time of the commission of the abuse.

  • If the acts described above were committed under circumstances or conditions likely to produce great bodily harm or death, elder abuse is punishable by imprisonment in a county jail for up to 1 year, or by a fine up to $6,000, or by both imprisonment and fine.
  • However, in this case, if the acts described above leads to either bodily injury or death, there is an additional state prison term:

    • In case any of the acts described above leads to the elder or dependent adult suffering great bodily injury, 3 years if the victim is under 70 and 5 years if the victim is 70 years or older
    • In case any of the acts described above leads to the elder or dependent adult's death, 5 years if the victim is under 70 and 7 years if the victim is 70 years or older
  • If the acts described above were committed under circumstances or conditions other than those likely to produce great bodily harm or death , elder abuse is punishable by imprisonment in a county jail for up to 1 year, or by a fine up to $2,000, or by both imprisonment and fine.
Domestic violence defense California lawyer, Attorney Payman Zargari, can help you fight domestic violence charges.

Call us as soon as you get arrested. If you seek our legal help early, we may be able to help you convince the prosecutor that charges do not need to be filed. Fight back with our help.

Fighting a criminal case?

Learn about arraignment, preliminary hearing, pre-trial conference, and jury trial. Read on to find out more about the general criminal process in the State of California.

Read about California's criminal process.

Facing criminal charges?

An arrest can wreak havoc on your life. Learn about your options. Check out the California criminal charges that Attorney Payman Zargari is experienced in handling.

Check out our criminal defense services.

Need a lawyer?

Call us at (310) 601-7070. While it's possible to navigate through the legal system on your own, you'll be so much better off if you have expert legal help to depend on to ensure that you will get the best defense possible given your particular situation.

Get legal help now.

Law Offices of Payman Zargari, APLC

(310) 601-7070
(310) 601-7071

5959 Mission Gorge Road, Suite No. 108
Mission Valley, CA 92120

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