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Could You Go to Jail for Threatening Your Spouse?

Posted on in Criminal Defense

San Jose domestic abuse defense attorneys, violent crimes, threatening your spouse, domestic violence, spousal abuseRegrettably, fights between spouses or those who live in the same residence can get out of hand, resulting in threats and acts of physical violence. In these situations, depending on the circumstances and statements from those at the scene, you could find yourself facing potentially serious penalties under California domestic violence laws. At Jachimowicz Law Group, we provide a strong legal defense when you are accused of these types of violent crimes. Known as wobblers, these can be charged as either a felony or misdemeanor and involve potentially heavy fines and lengthy jail sentence, even if the altercation involved threats, and no physical act of violence ever occurred.

Domestic Violence in California

The California Courts advise that domestic violence is that which occurs between married couples and intimate parties who are dating, either currently or previously resided in the same home, or have a child together. In can also occur among other family members, related either by blood or marriage. Abuse involves more than just hitting, punching, or otherwise physically attacking your partner. It may include:

  • Hurting someone as the result of your reckless actions;
  • Sexually assaulting a partner, either by forcing them to have sex or by groping, grabbing, or otherwise touching him or her in an inappropriate way and against his or her wishes;
  • Making threats and causing someone to be reasonably afraid that violence or harm will be done to them or someone else;
  • Behavior such as stalking, verbal harassment, intimidation, and destroying personal property.

Due to accusations of any of the above types of behaviors, you could end up facing a restraining order, which prevents you from returning to your home or contacting the alleged victim and any children. A restraining order could require you to continue paying certain household bills, along with spousal or child support, adhere to visitation orders, and to attend mandatory counseling sessions. If you refuse to comply with the terms of the restraining order, you could face immediate arrest.

Potential Penalties for Domestic Violence

Under the California Penal Code, the potential penalties you could be facing for domestic violence depend on the factors involved in your case. This includes the criminal acts you are alleged to have committed, the victim involved, and any past criminal record you have. These crimes are known as wobblers, meaning they could result in either misdemeanor and felony domestic charges. Both require 52 hours of mandatory counseling, 40 hours of community service, and prevent you from contacting the victim. In terms of fines and potential jail time, you could be facing the following:

  • For a misdemeanor: Fines, court, and program costs ranging between $500 and $2,000 and up to one year imprisonment;
  • For a felony: Fines, court, and program costs of up to $10,000 or more and up to a three year jail sentence.

When you are facing these types of charges, it is important to get a strong criminal attorney on your case immediately. Call or contact Jachimowicz Law Group to request a consultation to see how our passionate San Jose domestic abuse defense attorneys can help you.

Source:

http://www.courts.ca.gov/selfhelp-domesticviolence.htm

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