Most states have their own definitions of what constitutes a particular criminal charge. Domestic violence accusations are no different. According to California law, domestic violence includes using physical force or threat of physical force against an intimate partner, including a spouse, former spouse, or cohabitant. It also includes anyone else in the household, including children and the elderly.
Physical force means inflicting an injury on the body or traumatic condition on an intimate partner, which includes causing a visible wound. Under other penal codes, however visible injury isn’t required. For example, a strike to the stomach may not be visible on the outside but could cause internal bleeding. This behavior would be considered domestic battery.
Domestic violence includes a number of smaller charges, battery being one of them. Violence or threat of violence to children might be considered child abuse or child endangerment. Completely ignoring a child or failing to provide for his or her basic needs would be considered child neglect or failure to provide care.
With the advent of cybercrime, Penal Code 647(j)(4) PC includes revenge porn as a charge along with domestic violence crimes. Revenge porn includes intentionally distributing sexual photos or videos of another person with the intent to cause him or her emotional distress. Similarly, Penal Code 653.2 PC is a relatively new offense that includes posting damaging information about someone on the Internet or sending it in an e-mail message with the intent to incite other people to harass him or her.
If you’ve been accused of domestic violence, you should call a San Diego criminal defense attorney as soon as possible. Our founding attorney, Alan Edmunds, has been representing people in criminal law case for more than 40 years. A conviction could lead to years in jail and huge legal fines. Make sure your rights are protected. Contact us at (760) 634-7630 or fill out our online form to schedule a free case consultation with us today.