Domestic Violence
An arrest for domestic violence, often a husband or boyfriend accused of striking a wife or girlfriend, can disrupt anyone’s life. A spouse, boyfriend or girlfriend, neighbor or relative or significant other sometimes may file a police report and claim the defendant committed violence.
If this happens, you should contact the Law Office of Edward M. Ramirez. Domestic violence is a form of battery as defined in Penal Code sections 273.5 and 243(e).
Anyone who willfully inflicts corporal injury upon his or her spouse or cohabitant, or the parent of her or her child, and causes a traumatic condition, can be sentenced to two , three, or four years in state prison or up to a year in the county jail and fined up to $6,000, or both a fine and imprisonment. Penal Code section 273.5.
Complaints sometimes allege that the defendant has been drinking or accused the alleged victim of infidelity, committed battery leaving injuries and fled the scene of the incident. Defenses in such cases may consist of self-defense or that the injuries were caused by a accident. Evidence collected by police may consist of photographs of the parties including injuries, 911 phone calls and witness statements.
We will review the evidence, consider other theories of the case and may interview additional witnesses.
If the client decides to enter a guilty plea, the sentence will include a period of probation, counseling, stay-away orders and possibly a drug or alcohol program.