24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

What Constitutes Federal Domestic Violence and Stalking in California?

What Constitutes Federal Domestic Violence and Stalking in California?

Domestic violence and stalking are serious issues that affect many people. Understanding what constitutes these crimes under California and federal law can help victims and their families stay safe. This article provides an overview of key laws and penalties so you can protect yourself and your loved ones.

California Domestic Violence Laws

California law defines domestic violence broadly. It includes physical, emotional, and sexual abuse of a current or former:

  • Spouse
  • Cohabitant
  • Co-parent
  • Dating partner
  • Intimate partner

Some common domestic violence crimes in California include:

  • Battery – Any willful and unlawful touching that is harmful or offensive. This covers everything from unwanted grabbing to severe beatings. Battery can be a misdemeanor or felony.
  • Abuse – Intentionally or recklessly causing bodily injury. This can also be a misdemeanor or felony.
  • Criminal Threats – Threatening to commit a crime likely to result in death or great bodily injury to another person. This is usually a felony.
  • Child Abuse – Inflicting unjustifiable physical pain or mental suffering on a child. This can be a misdemeanor or felony.

One type of domestic abuse is always a felony in California – Corporal Injury to a Spouse or Cohabitant (Penal Code 273.5). This covers willful and unlawful infliction of bodily injury resulting in a traumatic condition. Other domestic violence crimes can be charged as misdemeanors or felonies depending on the circumstances.

Penalties for Domestic Violence in California

Convictions can result in fines, probation, restraining orders, counseling, community service, and imprisonment. Sentencing enhancement may also apply if the crime involves:

  • Great bodily injury
  • Use of a deadly weapon
  • Prior domestic violence conviction

Domestic violence charges can also negatively impact child custody and cause deportation for immigrants. It’s critical to have an experienced criminal defense attorney represent you.

California Stalking Laws

California Penal Code 646.9 defines stalking as willfully, maliciously, and repeatedly following or harassing someone in a way that would cause a reasonable person to feel frightened, intimidated or threatened.

Harassment involves a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses them and serves no legitimate purpose. This covers acts like:

  • Following someone
  • Making harassing phone calls
  • Sending unwanted messages
  • Vandalizing property
  • Threatening harm

To convict someone of stalking, prosecutors must prove the perpetrator made a credible threat with the intent to place the victim in reasonable fear for their safety or their family’s safety.

Penalties for Stalking in California

Stalking can be prosecuted as a misdemeanor or felony depending on the circumstances. Potential penalties include:

  • Up to 1 year in county jail for misdemeanor stalking
  • 16 months, 2 years or 3 years in state prison for felony stalking
  • Restraining order up to 10 years
  • Fine up to $1,000
  • Mandatory counseling
  • Community service

Stalking convictions can also negatively impact child custody, employment, immigration status, and more. Vigorously defending these charges is critical.

Federal Stalking and Domestic Violence Laws

There are also federal laws prohibiting interstate stalking and domestic violence:

  • Interstate Stalking – It’s a federal felony under 18 U.S. Code § 2261A to cross state lines to stalk or harass someone. This applies if the perpetrator causes substantial emotional distress through conduct that would be criminal within that state. Penalties include fines and up to 5 years in federal prison.
  • Interstate Violation of Protection Order – Crossing state lines to violate a valid protection order can result in fines and up to 2 years in federal prison per 18 U.S. Code § 2262.
  • Interstate Domestic Violence – It’s a federal felony under 18 U.S. Code § 2261 to cross state lines to commit domestic violence resulting in bodily injury. This can lead to fines and up to 10 years in federal prison.

The Violence Against Women Act (VAWA) also makes it a federal crime to cross state lines to commit domestic violence. Penalties increase if the perpetrator uses force resulting in severe bodily injury or death.

Getting Legal Help

Domestic violence and stalking charges can ruin your reputation and future. An experienced criminal defense lawyer can help protect your rights. They will thoroughly analyze the evidence and identify any police misconduct, false allegations, or defenses that apply to your case.

With an aggressive legal strategy, many of these charges can be reduced or dismissed. Don’t leave your fate to chance. Consult with a qualified attorney as soon as possible about fighting these accusations.

References

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to your inquiry within 24-hours guaranteed.

Schedule Your Consultation Now