Domestic violence charges per California Penal Code 273.5 pertains to anyone who willfully inflicts a corporal injury resulting in a traumatic condition on a spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child. This is a felony and can carry possible custody up to a 4 year prison commit. The Officer in the field generally arrests anyone for this charge if they have probable cause to believe an injury was inflicted. Every time an officer is called to a domestic dispute, someone almost always goes to jail.
Domestic violence is one of the leading causes of homicide, and there were past incidents where police reponded, did not arrest anyone, and believed the situation was resolved but resulted in a homicide. So now, regardless whether the person who called the police wants someone arrested, someone is going to jail. Bail is usually $25,000 on the felony and $10,000 for a misdemeanor spousal battery. Spousal battery can be a simple rude or angry touching without leaving a mark. The District Attorney reviews the reports and decides whether to file a misdemeanor or felony, the D.A. can also reject the case and not file it after the arrest. The review is based on the evidence, not the wishes of the "victim".
Call Christoph Law Offices at 760-941-5720 for a free consultation as soon as possible if you are involved in a domestic violence criminal case. We try to contact the District Attorney who issues the cases and provide additional information and statements that may avoid a prosecution. This is an important opportunity that is only available for a short time before the filing of the case. Having provided the highest level of personal professional representation for over 40 years of combined experience, we know what needs to be done to achieve the best result in your case. We have been located across from vista Courts for over 30 years and have dealt with the local Judges, D.A.'s, Court personnel and law enforcement on a daily basis.