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Articles Tagged with domestic battery

There was a call to the Chula Vista Police Department on Sunday, March 29 about a physical fight between a couple in their home. The fight was between a married couple and resulted in the death of the 35-year-old wife. A manhunt ensued for the husband, 37-year-old Francisco Uriarte, who was believed to be on the run in the San Diego area.

Police warned the public that Uriarte was considered to be armed and dangerous. Authorities believed that he was armed with a knife and a gun. According to Chula Vista police Lt. Dan Peak, it was possible that Uriarte may go to a local hospital for medical attention as he likely had severe injuries to his hands.

Reports describe the incident, which took place a bit after 1:30 a.m., as a call to the Chula Vista Police Department for a domestic violence situation. When officers arrived at the Villa Granada Apartments located on Oxford Street east of Broadway, they were met by the couple’s three children. They then found their mother in the apartment unresponsive. 

The authorities indicated that the children witnessed the fight. The children told officers that their father killed their mother. The woman died in the apartment before she was able to be transported to the hospital. The children were not harmed during the fight. Lt. Peak did not confirm the children’s ages and also would not release the name of the deceased woman until her family was notified. 

Domestic Violence in California

According to the National Coalition Against Domestic Violence, 32.9% of women in California are victims of physical violence at the hands of their intimate partner. There were close to 175,000 incidents of domestic violence-related to calls to authorities in 2007 and many more incidents were not reported. In 40% of the cases reported, weapons were involved.

The two-year period between 2009 and 2011 in California saw an increase in deaths from domestic violence by 11%, even while the state reported a decrease in the homicide rate. Approximately 11.8% of all homicides in the state of California are a result of domestic violence.

Do You Need a Domestic Violence Defense Attorney in California?

Domestic violence charges are serious in California and come with significant consequences. Misdemeanor convictions could land you in jail for up to one year. If you are charged with a felony for domestic violence you could be facing up to two years in prison. The San Diego domestic violence defense attorneys at the Law Offices of David M. Boertje know that the criminal justice system will often rule in favor of the accuser.  Continue reading

Domestic violence, according to The National Domestic Violence Hotline, is a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship. The behavior becomes criminal when one partner hits or strikes the other partner, known as battery, which is often part of the pattern of abusive behavior. Other words used to describe domestic violence include intimate partner violence, domestic abuse, or relationship abuse.  

Who is an Intimate Partner?

Domestic battery as opposed to battery is a crime against a close family member or among persons in an amorous relationship, regardless of sexual orientation. An intimate partner includes a current or former spouse, a fiancé, co-parent of your child, a person you are dating, or a person who lives with you.

Domestic Battery Under the California Law

To be convicted of domestic battery under California law, the prosecution must prove that the accused person inflicted unlawful force or violence upon an intimate partner. (California Penal Code §243(e)(1)). If that charge fails, the prosecutor may charge the accused person with assault or battery.

Penalties for Misdemeanor Domestic Battery

Individuals convicted, by a guilty plea or after a trial, can face up to $2,000 in fines, be sentenced to one year in county jail, and be required to complete year-long treatment program for batterers. Beginning on January 1, 2019, there is the additional penalty of taking away the right of the accused person to own a gun for life.

Misdemeanor Domestic Battery Conviction Triggers Gun Ownership Ban

Any person convicted of misdemeanor domestic battery in California after January 1, 2019, even if it is a first offense, loses his or her right to own a gun for life. The imposition of the lifetime ban on gun ownership for convicted persons became law as part of Assembly Bill §3129 and is now part of the Penal Code at §273.5

Help is Available for the Accused Person

The National Domestic Violence Hotline helps the accused person as well as the victim of intimate partner violence. Per the hotline, if you are questioning your own behavior at all, or if someone else has brought it to your attention, acknowledging it is a step in the right direction. Give us a call today at 1-800-799-SAFE (7233) or chat online with us to start the conversation. Continue reading

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