Huntington Beach Domestic Violence occurs when someone is abused through the use of force, violence or threat. Domestic Laws are somewhat technical and are narrowed down by specific offenses which are described in detail below.
The main theme connecting these cases however, is that the abuse must occur between members who are related, who are in a relationship, or are living together for the case to be regarded as a domestic case.
As an example, current spouses, former spouses, ex partners, parents of children, a live in partner, or an elder living in the home, are just some of the victims or defendants covered in these cases. Child abuse is also covered in cases of domestic abuse.
Penalties for Huntington Beach Domestic Abuse
This varies based on the specific crime committed. Most abusers will however need to enroll in a batterer’s class that is regulated by the state of California. Other factors that affect sentencing include defendant’s prior run-ins with the law, aggravating circumstances of injury, the age of the victim, and also when a weapon was used.
Types of Huntington Beach Domestic Abuse
California Penal Code 273.5 is also known as corporal injury and it happens when there’s gross violence or injury used.
California Penal Code 243 e1 is battery that happens on a domestic partner. The injuries could be as minor as a bruise or be more serious. The prosecution will look at police reports, pictures, and testimonies from eyewitnesses to help prosecute the case.
California Penal Code 273D or Child Abuse happens when a minor becomes victim to physical abuse.
The following could be considered an example of domestic violence:
Brady has been living with his girlfriend, Tina, in Huntington Beach for 4 years. They share bank accounts, an apartment, as well as a car. One day, Brady and Tina get into a very loud argument outside their apartment. Brady turns to leave when Tina grabs a small flower pot and throws it at Brady, narrowly missing his head. Brady picks up the flower pot and throws it back at Tina, but it hits her in the face. The neighbors call the Huntington Beach police and both Brady and tina are arrested for domestic violence. Brady is charged with violating PC 273.5 and Tina is charged with violating PC 243(e)(1).
If you’re facing charges in HB, let a Huntington Beach criminal attorney at MacGregor & Collins help you with a free case evaluation.. We will bring superior legal experience to aid you during your time of need. Call us today at (949) 250-6097.