Same Sex Domestic Violence
Same Sex Domestic Violence Charges
California law makes no distinction as to same sex domestic violence and domestic violence between heterosexual couples. Same sex domestic violence is defined as physical abuse between domestic partners or former domestic partners, cohabiting lesbian, gay, bisexuals, or transgender couple, persons dating or who were dating, or persons with children in common.
There are certain behaviors that can result in a criminal charge of domestic violence. For example, physical abuse such as hitting, biting, pushing, kicking, slapping; sexual abuse; intimidation; and even threats and other verbal abuse.
Domestic violence cases are prosecuted very aggressively regardless of sexual orientation. Therefore, if you are being accused of this crime, it is essential that you hire an experienced criminal defense attorney.
Penalties Associated with Domestic Violence
Misdemeanor or Felony
In California under penal code section 273.5 domestic violence can be charged as a misdemeanor or felony and under penal code section 243(e)1 it can be charged as a misdemeanor. This choice is solely within the prosecutor’s discretion who is influenced by the seriousness and severity of the abuse.
If a weapon was used and the injuries were severe such as broken bones, then the crime will be filed as a felony; if the victim was slightly injured or not at all the crime will likely be filed as a misdemeanor. This all also depends on your prior criminal record as well.
A misdemeanor conviction can result in up to 1 year in jail; fines; counseling; restraining or criminal protective orders; community service.
A felony conviction can result in up to 4 years is state prison as well as fines, counseling, community service, restraining and/or criminal protective orders.
Experienced Same Sex Domestic Violence Attorney
The penalties are serious and our Domestic Violence Lawyers in Los Angeles can help. We have dealt with numerous domestic violence cases also involving same sex relationships. We handle the case delicately yet aggressivley striving to get you, our client, the best possible results.
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