What is Domestic Violence Defense in California?
California domestic violence crimes are prosecuted under multiple Penal Code sections depending on the relationship between the parties and the severity of the alleged conduct. The most common charges are Penal Code §273.5 (corporal injury to a spouse, cohabitant, or co-parent — a wobbler) and Penal Code §243(e)(1) (domestic battery — a misdemeanor). Even a misdemeanor conviction triggers a 10-year federal firearm ban under 18 U.S.C. §922(g)(9) and a mandatory protective order under PC §136.2.
Morris Law PC, A Criminal Defense Firm, represents clients facing these charges across Alameda County and the greater Bay Area. With offices in Oakland and Berkeley, our team brings courtroom-tested defense to every stage of the case — from arrest and arraignment through trial, sentencing, and post-conviction relief.
Charges & Penalties Under California Law
- Corporal Injury to Spouse/Cohabitant (PC §273.5). Wobbler: misdemeanor up to 1 year county jail; felony 2, 3, or 4 years state prison; mandatory 52-week batterer’s program.
- Domestic Battery (PC §243(e)(1)). Misdemeanor: up to 1 year county jail, $2,000 fine, 52-week batterer’s program.
- Criminal Threats (PC §422). Wobbler: misdemeanor up to 1 year; felony 16 months to 3 years; strike offense as a felony.
- Stalking (PC §646.9). Wobbler: misdemeanor up to 1 year; felony up to 5 years state prison (life if linked to prior stalking conviction).
- Violation of a Protective Order (PC §273.6). Misdemeanor up to 1 year; felony if violation involves violence or repeated violations.
- Child Endangerment (PC §273a). Misdemeanor up to 1 year; felony 2, 4, or 6 years state prison if likely to produce great bodily injury or death.
- False Imprisonment (PC §236). Misdemeanor up to 1 year; felony 16 months to 3 years if accomplished by violence or menace.
Defenses Our California Lawyers Use
- Self-defense. Under PC §198.5, you may use reasonable force to defend yourself against violence in your own home. Photos of your own injuries, 911-call timeline, and witness statements often show who was the actual aggressor.
- False allegation. Domestic violence claims are common weapons in divorce and custody disputes. We investigate motive, prior threats to ‘call the cops,’ and inconsistencies in the accuser’s statements to officers, paramedics, and forensic nurses.
- Accidental injury. PC §273.5 requires intentional infliction of a ‘traumatic condition.’ Falls during shouting matches, attempts to restrain, or mutual scuffles may not meet the statute.
- Lack of corpus delicti. The prosecution must prove a crime occurred independent of the defendant’s statements. Without physical injury, photos, or independent witnesses, the case may be unsupported.
- Recanting witnesses. Many DV cases proceed even when the alleged victim recants. We cross-examine the original responding officers, challenge admissions under Evidence Code §1370 (the DV-hearsay exception), and force the prosecution to prove the case beyond reasonable doubt.
- Crawford / Confrontation Clause challenges. Statements at the scene may be testimonial under Crawford v. Washington and inadmissible if the accuser refuses to testify.
- Diversion under PC §1001.95. First-time misdemeanor offenders may qualify for diversion that ends with dismissal — though prosecutors increasingly oppose DV diversion.
Where We Defend These Cases
Morris Law PC operates from two East Bay locations. Each office leads the firm-wide defense effort for clients in its surrounding communities — and our team works as a single firm regardless of which office you walk into first.
Oakland Office — Lead Office for Alameda County
1300 Clay St, Suite 600
Oakland, CA 94612
Phone: (510) 824-8831
The Oakland office is one block from the Wiley W. Manuel Courthouse (661 Washington Street) and a short walk from the René C. Davidson Courthouse (1225 Fallon Street), where most Alameda County felony cases are heard. See Oakland domestic violence defense services →
Berkeley Office
2001 Addison St, Suite 300
Berkeley, CA 94704
Phone: (510) 350-3225
The Berkeley office serves clients facing charges in Berkeley, Albany, Emeryville, El Cerrito, and across northern Alameda County, as well as UC Berkeley students and faculty. See Berkeley domestic violence defense services →
Frequently Asked Questions
Will the case be dropped if my partner does not want to press charges?
Not automatically. In California, the District Attorney — not the alleged victim — decides whether to file or dismiss charges. Once a domestic violence report is made, prosecutors often proceed even over the alleged victim’s objection. A recanting accuser can affect the strength of the case, but does not end it.
Will a misdemeanor domestic violence conviction take away my gun rights?
Yes. Federal law (18 U.S.C. §922(g)(9)) imposes a lifetime firearm ban for any misdemeanor ‘crime of domestic violence,’ and California adds a 10-year ban under PC §29805. Even completed diversion with dismissal may not restore federal firearm rights — this is a key reason to fight the original charge.
What is the difference between PC 273.5 and PC 243(e)(1)?
Both are domestic violence crimes. PC §273.5 (corporal injury) requires a visible or traumatic injury to a spouse, former spouse, cohabitant, or co-parent — it is a wobbler with up to 4 years in state prison. PC §243(e)(1) (domestic battery) is the lesser misdemeanor: any unwanted touching of a partner, no injury required, maximum 1 year jail.
How does a domestic violence charge affect my child custody?
Significantly. Under Family Code §3044, a domestic violence conviction within the past 5 years creates a rebuttable presumption against you getting custody. Even a pending charge or a protective order in the criminal case can lead to immediate custody changes through Family Court.
Can I be charged with domestic violence over a girlfriend I never lived with?
Yes. PC §243(e)(1) covers a dating partner, fiancée, or anyone with whom you have or had an engagement or dating relationship. PC §273.5 requires cohabitation, marriage, or a shared child, but lesser DV charges reach non-cohabiting dating partners.
Speak With a California Defense Lawyer Today
Every case is different — and every hour you wait can narrow your options. Call (510) 330-0814 for a free, confidential consultation with a Morris Law PC defense lawyer. Available 24/7, including evenings and weekends.