fullerton criminal defense lawyer

California courts treat domestic violence with the highest level of seriousness. Prosecutors pursue charges aggressively, often proceeding even if the alleged victim refuses to cooperate. Their goal is to ensure victim safety, prevent repeat offenses, and send a strong public message about accountability.

In practice, this means defendants face prosecution based not only on the victim’s statement but also on 911 recordings, photographs, medical records, police testimony, neighbor accounts, and expert witnesses. Convictions carry severe penalties, from jail and prison terms to restraining orders and lifelong stigma.

If you’ve been accused, it’s crucial to understand how the law works, what charges you may face, and what defenses are available.

Why False Allegations Occur

1. Custody Battles: Parent fabricates abuse to gain leverage in family court.
2. Divorce or Separation: Spouse uses accusations to control property division or support disputes.
3. Revenge or Jealousy: Allegations made to damage a partner’s reputation.
4. Immigration Benefits: Alleged victim seeks immigration relief under the Violence Against Women Act (VAWA).
5. Misinterpretation: Heated arguments or accidental injuries mistaken as intentional abuse.

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⚖️ Understanding Domestic Violence in California

California law doesn’t have one single “domestic violence” statute. Instead, prosecutors charge under several Penal Code sections depending on the circumstances of the case.

The most common include:

    •    PC 240 — Assault

    •    PC 243 — Battery

    •    PC 273 — Child Endangerment

    •    PC 273.5 — Corporal Injury to Spouse or Cohabitant

    •    PC 368 — Elder Abuse

    •    PC 422 — Criminal Threats

What Is Stalking (PC 646.9)?

PC 646.9 makes it a crime to:

1. Willfully, maliciously, and repeatedly follow or harass another person, AND
2. Make a credible threat with intent to place that person in reasonable fear for their safety or the safety of their immediate family.

Key elements:

• Repeated conduct (not a one-time incident).
• Credible threat (words, gestures, or electronic messages suggesting harm).
• Intent to instill fear (not just annoyance or unwanted contact).

Each statute has unique elements and penalties.

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👩‍⚖️ How Domestic Violence Cases Are Prosecuted

    •    Victim cooperation is not required. Prosecutors often move forward using other evidence.

    •    Key witnesses: police officers, neighbors, family members, medical professionals.

    •    Expert witnesses: forensic psychologists may testify about the cycle of violence or battered woman’s syndrome.

    •    Protective orders: Judges often issue emergency protective orders (EPOs), temporary restraining orders (TROs), or criminal protective orders (CPOs) early in the process.

The prosecution’s strategy is to remove discretion from the victim and ensure accountability regardless of family dynamics.

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📜 Relevant Penal Codes Explained

PC 240 — Assault

Assault is defined as an unlawful attempt, with present ability, to commit violent injury on another person.

    •    Penalty: Up to 6 months in county jail and fines up to $1,000.

    •    Often charged in domestic situations where no actual contact occurred (e.g., raised fist, lunge, or swing that misses).

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PC 243 — Battery

Battery involves the willful and unlawful use of force or violence on another.

    •    Domestic battery under PC 243(e)(1) covers physical contact against a spouse, cohabitant, fiancé, or parent of the accused’s child.

    •    Penalty: Up to 1 year in county jail, fines, probation, and mandatory counseling.

Collateral Consequences of Domestic Violence Convictions

• Firearm ban: Convictions prohibit firearm ownership under state & federal law.
• Protective orders: Courts often impose criminal protective orders or DVROs.
• Child custody impact: Domestic violence convictions can affect family court decisions.
• Immigration issues: These are crimes of moral turpitude and may trigger deportation.
• Employment consequences: Convictions show up on background checks.

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PC 273 — Child Endangerment

Covers situations where a child suffers or is placed at risk of suffering unjustifiable pain or mental suffering.

    •    Often charged if children are present during domestic violence incidents.

    •    Penalty: Can be filed as a misdemeanor or felony, with up to 6 years in state prison.

PC 270 -- targets a parent’s willful failure to provide necessary clothing, food, shelter, or medical care for a minor child. Real life is messier than statutes: job loss, custody disputes, and medical disagreements can lead to overcharging.

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PC 273.5 — Corporal Injury to Spouse or Cohabitant

This is California’s primary felony domestic violence statute.

    •    Involves inflicting a traumatic condition (visible injury) on a spouse, cohabitant, dating partner, or parent of the accused’s child.

    •    Penalty: Up to 4 years in state prison, or more with enhancements for prior convictions or serious injury.

Felony vs. Misdemeanor Charges (Wobbler)

PC 273.5 is a “wobbler” offense — prosecutors may charge it as a misdemeanor or felony depending on the facts and defendant’s record.

• Misdemeanor PC 273.5:
   
  • Up to 1 year in county jail.
  • Fines up to $6,000.
  • Probation possible.
• Felony PC 273.5:
   
  • 2, 3, or 4 years in state prison.
  • Up to $6,000 in fines (or $10,000 with prior DV convictions).
  • Strike offense if serious injury results.

Enhancements

• Prior domestic violence conviction within 7 years: Additional up to 5 years in prison.
• Great bodily injury (PC 12022.7): Extra 3–5 years.
• Child present during offense (PC 273a): Possible additional charges.

Collateral Consequences

• Protective orders restricting contact with the alleged victim.
• Firearm ban under state and federal law.
• Mandatory domestic violence classes (52 weeks).
• Immigration consequences for non-citizens (deportable offense).
• Employment and licensing restrictions.

Define dissuading: PC 136.1 (dissuading a witness) — even texts can be charged; get counsel before contacting anyone.

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PC 368 — Elder Abuse

Protects individuals 65 or older from physical abuse, neglect, endangerment, or financial exploitation.

    •    Penalty: Misdemeanor → up to 1 year in county jail.

    •    Felony → up to 4 years in state prison (more if victim suffers great bodily injury).

Who Qualifies as an Elder or Dependent Adult?

• Elder: Person age 65 or older.
• Dependent adult: Person age 18–64 with physical or mental limitations restricting daily activities.

Penalties for Elder Abuse (PC 368)

PC 368 is a “wobbler” offense.

• Misdemeanor:
   
  • Up to 1 year in county jail.
  • Fines up to $6,000.
  • Probation with counseling.
• Felony:
   
  • 2, 3, or 4 years in state prison (longer if great bodily injury).
  • Fines up to $10,000.
  • Strike offense if serious injury results.

Enhancements:

• Great bodily injury (PC 12022.7): Extra 3–7 years.
• Death of victim: Up to 11 years in prison.

Financial Elder Abuse

• Fraudulent use of credit cards, bank accounts, or property.
• Coercing wills, trusts, or real estate transfers.
• Identity theft targeting seniors.

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PC 422 — Criminal Threats

Involves making a threat of death or great bodily injury with intent to instill sustained fear in the victim.

    •    Often paired with other domestic charges if threats are alleged via text, calls, or in-person.

    •    Penalty: Up to 3 years in state prison (can trigger California’s Three Strikes Law).

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📚 Evidence Used by Prosecutors

    •    911 calls (admissible even if victim later recants).

    •    Photographs of injuries, property damage, or disarray.

    •    Medical records documenting bruises, cuts, or fractures.

    •    Witness testimony: police, neighbors, family.

    •    Expert testimony: forensic psychologists or medical experts.

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🚨 Collateral Consequences of a Domestic Violence Conviction

    •    Restraining orders limiting contact with spouse, children, or family.

    •    Firearm restrictions (federal and state law).

    •    Immigration impact (possible deportation or inadmissibility).

    •    Employment consequences (especially in education, healthcare, or government jobs).

    •    Family court implications (child custody disputes).

California Gun Restrictions in Domestic Violence Cases

1. Misdemeanor Domestic Violence (PC 243(e)(1)):
    
   • Triggers a 10-year firearm ban under California law.
   • Example: Battery against spouse or cohabitant without injury.

1. Felony Domestic Violence (PC 273.5 or others):
    
   • Triggers a lifetime firearm ban under California law.
   • Applies even if conviction is later reduced to a misdemeanor.

1. Protective Orders (PC 136.2 / Family Code):
    
   • Court may require surrender of all firearms while protective order is active.
   • Applies even before conviction.
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Federal Firearm Restrictions (Lautenberg Amendment)

Under 18 U.S.C. § 922(g)(9), federal law permanently bans firearm possession for:

• Anyone convicted of a misdemeanor crime of domestic violence.
• Anyone subject to a domestic violence restraining order that meets federal criteria.

This is known as the Lautenberg Amendment (1996) and applies nationwide.

Key points:

• Applies even to misdemeanors.
• Applies even if state ban expires after 10 years.
• Applies to both firearms and ammunition.

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🛡 Defenses to Domestic Violence Charges

    1.    Self-defense / defense of others

    2.    False accusations / ulterior motives

    3.    Lack of willfulness (accidental injury)

    4.    Insufficient evidence

    5.    Victim recantation (though not always enough, must be paired with weak evidence)

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🌐 Areas of Service

Poseidon Defense APC defends domestic violence cases throughout Southern California, including:

    •    Los Angeles County: Beverly Hills, Santa Monica, Hollywood Hills, Westwood

    •    Orange County: Fullerton, Newport Beach, Irvine, Laguna Beach

    •    San Diego County: La Jolla, Rancho Santa Fe, Del Mar, Coronado

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📞 Why Choose Poseidon Defense APC

Domestic violence cases can permanently alter your future. At Poseidon Defense APC, we:

    •    Challenge the credibility of the evidence.

    •    Present mitigating factors and context.

    •    Fight for reduced charges, diversion, or dismissal.

📞 Contact us today: PoseidonDefenseLaw.com | 714-978-9988 (call or text)

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⚖️ Disclaimer

This blog is for informational purposes only and does not create an attorney-client relationship. Each case is unique. For legal advice tailored to your situation, contact a qualified defense attorney.

For Example: Penal Code (PC) 243, PC 273, PC 273.5, PC 422, PC 368, PC 240.