Facing domestic violence charges can be a devastating experience, even if the charges are never formally filed. This is the case for our client, who was charged under California Penal Code Section 273.5(A) for corporal injury to a spouse. Thanks to our domestic violence attorneys‘ intervention and careful legal strategy, the client not only avoided trial but also managed to have his arrest record sealed and destroyed. Here’s how we accomplished this and what this means for our client’s future.
The Legal Context of Penal Code Section 273.5(A) for Domestic Violence Charges
The California Penal Code provides penalties for any type of assault or injury that a person may suffer. These assaults include domestic violence, or any type of physical, verbal, emotional, or psychological abuse by a partner or ex-partner or person who has or has had a romantic relationship with the victim. Domestic violence is estimated to be a silent epidemic in the United States, especially among Latinas, as 3 out of 10 are victims of this scourge.
What happens if I am accused of domestic violence? Can domestic violence charges be dropped? In these cases, bodily injury to a spouse is considered a wobbler crime, which means that, depending on the facts and the defendant’s criminal history, a judge can determine whether the crime committed was serious or lesser.
Being charged under Section 273.5 (A) of the Penal Code (for bodily injury to a spouse) and if this event is classified as a misdemeanor, could involve up to one year in county jail and a fine of up to $6,000. And if the person is charged with a felony, they may face penalties ranging from two to four years in jail.
In addition, if the defendant was previously convicted of another domestic violence crime or any other felony in the last seven years, the penalty will increase to five years in state jail and a fine of $10,000.
However, the consequences of being charged under pc273.5(a) are not just jail time or fines. Penalties for domestic violence in the United States are severe and the life of the accused can be affected in many ways: immigration repercussions for non-citizens, loss of custody of their children, exclusion from some professions in areas such as health care, financial services and education, suspension of professional license, loss of the right to own weapons and difficulties in renting housing. In short, the stigma of a domestic violence charge can haunt you for life.
The Defense Process: Strategy and Effective Communication
The importance of early and proactive defense in this domestic violence case by the attorneys at S&B Legal was vital to a beneficial outcome. After our criminal defense attorneys gathered all the necessary evidence and forwarded the information to the District Attorney’s office, they decided not to file charges against the defendant.
With a reasonable defense undertaken by an experienced team, it is possible to demonstrate that the case is very weak and some type of negotiation can be proposed to have the case dismissed, to have the charge reduced, or to have no charges filed. If you’re asking yourself “How to get domestic violence charges dismissed?”, this is one of the paths to take.
With proper legal advice and early communication, many false accusations of domestic violence can be dismissed and self-defense can be invoked – in case the force used by the accused was proportionate and necessary when the action occurred.
Contacting an experienced domestic violence attorney will be important to persuade both the police and the prosecutor to reject or dismiss the case and not file charges. It should be noted that the decision not to press charges is not made by the couple in question but by the State. This underscores how crucial it is to have a competent defense attorney in the matter from the beginning of the case to intervene and prevent the formal filing of criminal charges.
Statute of Limitations and Its Implications
The statute of limitations is the deadline for filing a lawsuit and varies depending on the type of legal claim a person is attempting to make. Once the case is time-barred, the legal claim will be invalid.
In California, misdemeanors have a statute of limitations of between one and three years and felonies have statutes of limitations that can be three, six, and even ten years. There are also crimes that do not have statutes of limitations, such as murder, crimes punishable by life imprisonment, and embezzlement of public funds.
In regards to personal injuries caused by domestic violence, the injured person has five years to file the lawsuit. In the case of the client represented, during the time waiting for the statute of limitations for domestic violence to expire, the strategy that followed was able to be prepared: the sealing and destruction of the arrest record.
The Power to Seal and Destroy Arrest Records
An arrest without a conviction does not automatically taint your criminal record, but it can still appear in public records and potentially affect many aspects of your life, such as job opportunities and your personal reputation.
In our successful case, after the statute of limitations expired for the domestic violence case, we were able to successfully seal and destroy his arrest record, pursuant to Penal Code Section 851.1.
And what does this section specifically cover? California Penal Code § 851.91 PC allows for petitioning the court to seal arrest records in specific cases: for persons who were not charged or were acquitted, for persons who had their charges dismissed, or for persons who had their convictions overturned or vacated on appeal. The arrest will be deemed to have never occurred, and records of the arrest, such as police reports, fingerprints, booking photos, and delinquent sheet entries, will be destroyed.
The process to seal an arrest record consists of these two steps, and the advice of a criminal defense attorney is recommended to successfully navigate them.
- Filing a petition in the city or county where the arrest took place with the local prosecuting agency or police agency
- Holding a hearing where a judge will decide whether to grant or deny the petition
It is important to know that in June 2023, Senate Bill 731, or the Clearing of Records Act went into effect in California, which establishes a kind of “automatic relief” so that most people’s arrest and conviction records are automatically erased. Specifically, it provides for arrests for misdemeanors to be sealed after one year if there are no charges; and arrests for felonies after three years if there are no charges.
Renewing Lives: The Personal Impact of a Clean Record
Our client was able to start over without the shadow of an arrest record thanks to the competent and timely action of S&B Legal. Not having to disclose her arrest record opened doors to employment opportunities and she was able to reintegrate favorably into her social circles without carrying that stigma on her shoulders.
If you or a family member or acquaintance is facing an arrest or charge for domestic violence, you should not resign yourself to jail or the discredit that a record for this cause implies. Accusations can have serious repercussions on your life, but many of them are weak or false, so contacting an experienced domestic violence attorney is a step you should take as soon as possible to protect yourself legally.
When facing an arrest or charge for domestic violence, avoid speaking to your accuser as much as possible, since everything you say or do can be used against you because, in many cases, protection orders are issued and if you violate it by establishing those contacts, you could seriously harm your case.
A skilled legal team will be on your side, and contacting them early is even better: they will explore the legal options available to you, work to avoid charges or reduce the crime from a felony to a misdemeanor, and once the statute of limitations has expired, they will help you seal and expunge your arrest record, allowing you to soar to a fresh start.
The Road to Recovery and the Beginning of a New Chapter
The case experience shown demonstrates how important it is to retain the services of a domestic violence attorney as soon as an arrest or charge is made against you. The more evidence that can be gathered to support your case, the better the chances that you will be found innocent at trial, or better yet, not charged at all as our firm achieved: domestic violence charges never filed and record sealed.
It is not impossible to redeem yourself and rebuild your life after experiencing episodes of run-ins with the law. But, in order to do so, you must take the right steps. A proper legal defense will work to minimize the damage to your reputation and relationships and guide you through the legal process, every step of the way.
Every domestic violence case has its own nuances and challenges. However, as our client’s experience demonstrates, with the right strategy and a strong legal defense, it is possible to overcome even the most difficult situations and start over with a clean slate. If you or someone you know is facing similar allegations, do not hesitate to seek expert legal advice from a team with all the expertise you need for a favorable outcome. Contact S&B Legal today for a free consultation.
