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Domestic Violence

California Penal Code 273.5 PC is sometimes referred to as domestic violence, domestic abuse, corporal injury, spousal abuse or spousal battery. Charges often stem from he-said/she-said allegations and arise out of highly charged, emotional situations. Many innocent people get falsely accused of this serious offense.

Penal Code 273.5 PC punishes the crime of inflicting bodily injury on

  • your current or former spouse,
  • a person with whom you live or have lived or
  • the mother or father of your child.

Crime Time:

273.5 (Felony): Could subject you to a prison term of: 2 yrs, 3yrs or 4yrs.

A charge of P.C. 273.5 is a serious charge with serious consequences. This charge is referred to as a “wobbler”. A “wobbler” is a charge that can be either a felony or a misdemeanor.  Depending on the severity of the abuse alleged, the District Attorney will determine if a felony or misdemeanor charge should be filed. Both charges will carry with it domestic violence terms and conditions consisting of a lengthy anger management program that is mandated by the court.

Once an arrest has been made for domestic violence, the arresting agency will complete and most likely file their report with the District Attorney’s Office for prosecution.  Many times the alleged victim will make up with the alleged aggressor and will not desire prosecution. Unfortunately, it is not up to the alleged victim once the district attorney decides to file on the case. The majority of district attorneys will go forward with or without the the alleged victims cooperation.  In other words, once the “domestic violence train” leaves the station, it is very difficult to get her back.

A charge of domestic violence will typically trigger other legal problems outside the criminal domain.  If children are present during the alleged confrontation, usually CPS will be notified and they will open an investigation which could lead to possible temporary retaining orders being filed by the alleged victim resulting in the removal of the alleged aggressor from the family home.  

Our office has been successful in reducing P.C. 273.5 felony charges to misdemeanor charges and to simple battery charges without D.V. terms so that our clients have not had to participate in a lengthy anger management program. Mr. Archer has also been very successful in obtaining complete dismissals for his clients as well. To help you better understand the complexities of this charge, call THE LAW OFFICE OF CASTILLO & ASSOCIATES

Recent Domestic Violence Case Results

Our client was arrested by police based on a domestic violence allegation where there were injuries involved and blood on the floor.  Our client had no prior history of domestic violence and no prior criminal record. He was arrested and charged with two felony counts of 273.5. and a potential prison term of 4-6 years.  The district attorney’s office was unyielding in its determination to prosecute our client. 

Result: the case proceeded to preliminary hearing and Mr. Castillo was able to convince the court that a crime had not been committed after cross examining the alleged victim and both charges were dismissed. D.A.’s Office decided not to re-file.

 

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