When most people hear the term domestic violence, they tend to picture a dynamic in which one partner (usually a larger, aggressive man) inflicts physical harm on the other (typically a smaller female). Although domestic abuse does happen in romantic relationships between a man and a woman, it’s essential to recognize that unhealthy domestic relationships can happen to anyone, regardless of age, gender, race, or sexual orientation. For instance, domestic violence can happen in same-sex relationships, or a female can abuse her male partner. It’s also important to understand that, despite the term, domestic violence does not always involve the infliction of visible injuries. In some cases, a defendant can face domestic violence-related charges for offensive contact, even if no physical injuries resulted from the push, shove, or threat of inflicting physical harm. If law enforcement has arrested you for a domestic violence-related offense, it’s natural to feel disoriented and concerned about how this incident will affect your life (and, potentially, your freedom). Even if the alleged victim did not sustain visible injuries, you should seek legal representation right away to ensure that your rights remain protected at every step of the criminal justice process. Working with a highly qualified and knowledgeable Los Angeles County criminal defense attorney is key to maximizing your chances of obtaining the best outcome possible given the specific circumstances and factors of your case.
Types of Injuries Caused By Domestic Violence
Acts of violence and abuse in an intimate relationship can cause a wide range of injuries and conditions. According to recently released data, “Domestic violence is the most frequent cause of injuries in women ages 15 to 44. The incidence of injuries from domestic violence is greater than the combined causes of all other injuries to women.” Acts of physical violence inflicted by an abusive spouse, dating partner, ex, or family member can result in broken bones, bruises, traumatic brain injuries, burns, sprains, internal bleeding, and other serious conditions that may require medical treatment. However, domestic violence encompasses far more than physical harm. Someone trapped in an abusive relationship may suffer emotional injuries, such as feelings of hopelessness, low self-worth, depression, alienation from friends and loved ones, powerlessness, and post-traumatic stress disorder. In many cases, the abuser exerts what’s known as coercive control over their partner, which erodes the other person’s sense of independence and autonomy. In other words, domestic violence injuries can be complex and even undetectable, physically speaking. If you have been accused of a domestic violence offense in Los Angeles County that does not involve physical injuries, you still deserve reliable and effective legal representation to ensure that your best interests and constitutional rights remain upheld at all times. Reach out to a seasoned and trusted domestic violence defense attorney as soon as possible to start identifying the most strategic path forward.
How California Penal Code 243 Defines Domestic Violence Offenses
It may be surprising to California residents that the penal code does not provide a specific crime for domestic violence. Instead, Penal Code section 243 makes it a crime for battery to be committed “against a spouse, a person with whom the defendant is cohabitating, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship.” In legal terms, battery is defined as “any willful and unlawful use of force or violence upon the person of another.” It’s important to notice that the legal definition does not mention that the use of force or violence must leave a physical mark or injury, which means that a defendant can face charges for domestic violence without injury under California PC 243. While law enforcement and prosecutors may not have physical evidence of the alleged offense, they will rely on other forms of evidence to build a case against you (i.e., the victim’s testimony, threatening text messages, witness statements, etc.). No matter what the specific details of your case may be, reach out to a skilled and experienced Los Angeles County criminal defense lawyer as soon as possible to start mounting a strong and compelling legal defense strategy.
Navigating Domestic Violence Without Visible Injury Charges
As soon as you have been arrested or charged with a domestic violence crime in Los Angeles County, it’s understandable to feel powerless and intimidated. Suddenly, your future becomes uncertain, and you worry that this event will damage or negatively affect your life for months or years to come. You may also struggle with the common misconception that domestic violence charges require visible injuries, so learning that California allows for domestic violence charges even in the absence of visible injuries can be disorienting and concerning. If convicted of spousal battery (which is a misdemeanor offense) you could face penalties like a county jail sentence of up to one year, up to $2,000 in fines, probation, mandatory attendance in an anger management or batterer’s treatment program, restraining orders, and other serious consequences. Moreover, the conviction will become part of your criminal record, which can limit your employment and housing opportunities long after you have completed the terms of your sentence. With much at stake, it’s natural to feel overwhelmed during this challenging time. When you enlist the support of a highly experienced and dedicated criminal defense attorney, you can rest assured that your legal rights and best interests are in good and capable hands. Your lawyer will work hard to seek the most fair and favorable outcome given the specific circumstances of your case. Together, you can identify the most strategic path forward that aims to keep your future as bright as possible.
Those facing criminal charges of any kind in Los Angeles County have the right to seek legal representation to ensure that their rights are protected at every step of the legal process. Call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with a highly qualified and experienced criminal defense lawyer.
