Attorney Jennifer Monroe has over 15 years experience handling crimes of domestic violence.
What is Domestic Violence in California?
In California, crimes are classified as domestic violence based on the relationship between the defendant and alleged victim. If the alleged victim is a spouse, former spouse, cohabitant, former cohabitant, or the mother or father of the defendant’s child then the crime will be considered a domestic violence offense. Domestic violence crimes are not limited to just battery or corporal injury. For example domestic violence crimes can include vandalism, theft, assault, assault with a deadly weapon, criminal threats, trespass, stalking, kidnapping, and any other crime against a person where the defendant and victim have the domestic relationship described above.
Domestic Violence Penalties
If convicted of a violent crime in Los Angeles or Ventura county you will be subject to the following terms and conditions: jail or state prison, fines and fees, 52 weeks of domestic violence batters classes, 136.1 protective/stay away orders, restitution, do not own, use, or possess deadly weapons or firearms, submit your person, home, and vehicle to search and seizure for weapons with or without a warrant. Felony convictions will result in permanent loss of your right to own or possess firearms. Misdemeanor convictions for crimes of violence may result in loss of your right to own or possess firearms for ten years.
How to Defend a Domestic Violence Charge
To defend an assault and battery case you need an aggressive criminal defense attorney who knows how to impeach the credibility of the alleged victim and witnesses against you.
You may be eligible for a dismissal, reduced charge, or jail alternative. Jennifer Monroe will meet with you to review your case and your background. She will also:
- Fight to protect your rights.
- Research the defenses that apply to your case.
- Initiate investigation to prove you are innocent.
- Review the facts with you to determine if a lesser charge is appropriate.
- Present mitigating factors about you and your case to the judge and prosecutor.
- Negotiate the best possible result for your case.
Common Domestic Violence Crimes
Below you will find a list of some of the most common crimes of domestic violence. All references are to the California Penal Code (pc). Click on each crime to learn more about their definitions, penalties, and how Jennifer Monroe can help you.
The summary is intended to give you an overview of what you may be facing, but does not include all of the consequences and potential defenses. Please contact Jennifer Monroe directly for more information about the crimes listed.
- Assault with a Deadly Weapon
- Assault by Force Likely to Produce GBI
- Battery – Domestic Violence
- Corporal Injury – Domestic Violence
- Criminal Threats
Assault / Assault with a Deadly Weapon / Assault by Force Likely to Produce GBI – California Penal Code 240, 245 pc
There are several types of assault.
Simple assault in violation of California Penal code 240 pc is a misdemeanor and is generally charged when you tried to hit someone and missed. Simple assault is punishable by up to six months in local jail and or a $1,000 fine. After mandatory penalty assessments and fees a $1,000 fine could cost you almost $4,000.
Assaults on emergency personal or the police are misdemeanors and punishable by up to a year in local jail and or a $2,000 fine which could cost you almost $7,000.
Assault with a deadly weapon is a felony strike offense in violation of California Penal Code 245(a)(1) pc punishable by up to 4 years in state prison. If the offense involves a firearm in violation of California Penal Code 245(a)(2) pc the offense is a strike and the penalty could go up to 12 years in state prison or more if the firearm was actually used. The fine is up to $10,000 plus penalty assessments and fees which could be substantial.
Assault by force likely to produce Great Bodily Injury (GBI) is a felony in violation of California Penal Code 245(a)(4) pc punishable by up to 4 years in jail and or a fine up to $10,000 plus penalty assessments and fees.
Assault with a deadly weapon and assault by force likely to produce great bodily injury in violation of California Penal Code 245(a)(1) pc and 245(a)(4) pc are felony wobblers which means that they can be reduced to a misdemeanor by the judge or prosecutor. If reduced to a misdemeanor the offense is no longer a strike. Jennifer Monroe can help you get your case reviewed. Please contact Jennifer Monroe directly to see how she can help.
Battery – California Penal Code 242 pc
Simple battery is defined as any willful and unwanted force or violence against another. Battery does not require an injury.
Battery is a misdemeanor punishable by up to 6 months in jail and or a $2,000 fine. After mandatory penalty assessments and fees a $2,000 fine could cost you almost $7,000. The court may also order a restraining order, weapons conditions, search and seizure terms, and restitution.
A misdemeanor conviction of California Penal Code 242 pc will result in a 10 year loss of your right to own to own or possess a firearm.
Battery – Domestic Violence / Corporal Injury – Domestic Violence
– California Penal Code 243 pc, 273.5 pc
Battery involving domestic violence requires the willful and unwanted force or violence against someone who is your spouse, cohabitant, parent of your child, or someone you have or previously had a relationship with. No injury is required to prove this crime.
Domestic violence battery is a misdemeanor violation of California Penal Code 243(e)(1) pc and is punishable up to a year in local jail and or a $2,000 fine plus mandatory penalty assessments and fees, and a 52 week batterer’s treatment program. The court will also order a restraining order, weapons conditions, search and seizure terms, and restitution.
A misdemeanor conviction of California Penal Code 243(e)(1) pc will result in a 10 year loss of your right to own to own or possess a firearm.
Corporal injury requires the willful infliction of any injury (minor or serious) on someone who is your spouse, cohabitant, parent of your child, or someone you have or previously had a relationship with.
Corporal Injury is a felony violation of California Penal Code 273.5 pc but may be reduced to a misdemeanor by the judge or prosecutor because it is a wobbler. Corporal injury is punishable up to four years in jail and or a $6,000 fine plus mandatory penalty assessments and fees, and a 52 week batterer’s treatment program. The court will also order a restraining order, weapons conditions, search and seizure terms, and restitution. In Ventura County there are additional terms that include direct work and fees to shelters.
A felony domestic violence conviction for California Penal Code 273.5 pc will result in a permanent loss of your right to own or possess a firearm. A misdemeanor conviction of California Penal Code 273.5 pc will result in a 10 year loss of your right to own to own or possess a firearm.
Jennifer Monroe will meet with you to review your case and your background and to help you resolve the problems you are having at the home that lead to your arrest or brought you before the court. She wants to get you and your relationship back on the right track, or in some cases help you end the relationship. Depending on the facts of your case, if this is your first domestic violence offense you may qualify for an office hearing, diversion, probation, or community service instead of jail if your case is in Los Angeles County. If your case is in Ventura County Jennifer Monroe has been successful obtaining straight dismissals.
Criminal Threats – PC 422
A criminal threat involves a willful threat to commit a crime that will result in death or great bodily injury.
A criminal threat is a felony violation of California Penal Code 422 pc and is a strike offense but may be reduced to a misdemeanor by the judge or prosecutor because it is a wobbler. A criminal threat is punishable up to 3 years in state prison. If reduced to a misdemeanor the strike consequences are avoided. The court will also order a restraining order.
DOMESTIC VIOLENCE BATTERY California Penal Code 243(e)(1) pc
CASE DISMISSED – Simi Valley, Ventura County Superior Court
Client was charged with battery on her spouse. Client believed she acted in self-defense to fend off further attack from her spouse. Attorney Jennifer Monroe gathered significant evidence to show the alleged victim’s propensity for violence and vast good character evidence about her wrongfully accused client. Jennifer Monroe answered ready for trial, and the prosecution dismissed the case to avoid going to trial.
DOMESTIC VIOLENCE CORPORAL INJURY California Penal Code 273.5 pc
CASE DISMISSED – Ventura
Client was charged with Corporal Injury to his spouse. Client’s spouse reported to the police that her husband hit her in the mouth causing a laceration and profuse bleeding. As a former prosecutor Jennifer Monroe understands why charges were filed. However, Jennifer Monroe interviewed the victim and discovered that the client accidentally hit the victim in her mouth. Jennifer Monroe convinced the prosecution that it was in fact an accident and the prosecution dismissed the case.
CHARGES DROPPED – Simi Valley, Ventura County Superior Court
Client’s soon to be ex-wife claimed he choked her and took her cell phone. Client was facing felony domestic violence corporal injury charges and misdemeanor theft charges. Client retained Attorney Jennifer Monroe as soon as he bonded out from jail. Jennifer Monroe immediately started a pre-filing investigation and built up a case against the ex-wife that questioned her credibility. After review of the defense investigation, the prosecutor agreed with Jennifer Monroe’s investigation and dropped the domestic violence charges.
DOMESTIC VIOLENCE / VANDALISM California Penal Code 594 pc
VANDALISM CONVICTION AVOIDED AND CLIENT KEEPS HER JOB! San Fernando, Los Angeles County
Client was in the middle of a contested divorce when she was accused of allegedly damaging vehicles and the home. She admitted to some of the damage but not all of it and believed she was being set-up by her soon to be ex-husband. If convicted of California Penal Code 594 pc the client would lose her job she had for 20 years, lose her driver’s license for one year, and would have to do 52 weeks of domestic violence counseling. Client tried for several months to resolve the case with the public defender then she called Jennifer Monroe. After working up her defenses to the damages she denied and the mitigating factors for the damage she admitted, attorney Jennifer Monroe successfully negotiated that the vandalism would be dismissed for a city noise ordinance violation if she paid for the damage and did 26 domestic violence counseling.
See Results for more examples of how Jennifer Monroe has helped defend her clients.
Los Angeles and Ventura County Domestic Violence Defense Attorney
Call Jennifer Monroe directly at (805) 501-1880 for immediate assistance with your Domestic Violence case for a Free Consultation.