South Lake Tahoe Domestic Violence Defense

A conviction for Domestic Violence (DV) in California —typically charged under Penal Code (PC) 273.5 (Corporal Injury to a Spouse/Cohabitant) or PC 243(e)(1) (Domestic Battery)—carries severe mandatory consequences, regardless of the relationship between the parties. DV charges are unique because they involve a sensitive personal relationship and often lead to immediate protective orders.

The Stakes and the Defenses

The Charges: Prosecutors pursue these cases aggressively, often proceeding even if the alleged victim recants or refuses to cooperate.

Mandatory Penalties:Conviction can result in jail time, mandatory minimum counseling/batterers' programs (up to 52 weeks), steep fines, loss of the right to own firearms, and severe impacts on child custody arrangements.

Common Defenses: A strong defense strategy may include proving self-defense or defense of others, arguing mistaken identity, or exposing false accusations often motivated by divorce or child custody disputes.

Elements, Penalties, and Defense Strategies

Securing a conviction in a California criminal case requires the prosecution to prove every element of the crime beyond a reasonable doubt. Understanding these elements, the potential penalty range, and viable defenses is crucial for mounting an effective legal strategy.

Domestic Violence (DV) – Corporal Injury to a Spouse/Cohabitant (PC 273.5)

Elements of the Crime

1. Inflicting a physical injury (resulting in a "traumatic condition"). 

2. The act was willful (on purpose). 

3. The victim was a current/former spouse, cohabitant, fiancé(e), dating partner, or parent of your child. 

4. You were not acting in self-defense.

Penalty Range (Wobbler)

Misdemeanor: Up to 1 year in county jail, up to $6,000 fine, and mandatory 52-week batterers' program.

Felony: 2, 3, or 4 years in state prison, fine up to $6,000. Felony convictions also lead to a lifetime firearm prohibition.

Key Defenses

Self-Defense or Defense of Others, Accident, False Accusations (e.g., motivated by divorce or custody battles), and challenging the "traumatic condition" element.

Domestic Violence (DV) – Corporal Injury (PC 273.5): This crime requires that you willfully inflicted a physical injury (a "traumatic condition") on a current or former partner, and you were not acting in self-defense. It is a wobbler offense. As a misdemeanor, penalties include up to one year in county jail and mandatory completion of a 52-week batterers' program. As a felony, it carries 2, 3, or 4 years in state prison and a 10-year firearm prohibition. Key defenses include Self-Defense, proving the incident was an Accident, or arguing the allegations are False Accusations.