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A Felony Domestic Violence charge Penal Code section 273.5 is a serious charge which could affect your right to own or possess a firearm. It can even affect your parental rights and visitation orders. 

First your right to own or possess a firearm.  Unlike the Misdameanor conviction of Domestic Battery IE 243 E1 which carries a consequence of a 10 year gun ban, if you are convicted of A Felony charge of 273.5 you will lost your right to own or possess a firearm in California permanently.  You will be a convicted Felon and therefore will not have right to own or possess a Firearm, unless or until the charge is either reduced to a Misdameanor per Penal Code section 17B or pled as a misdameanor, more on that later. 

 

First what are the elements of the charge of 273.5 that the prosecution must prove in order for you to be convicted under 273.5. 

1. Defendant willfully inflicted corporal injury on victim.

2. Victim was either

Defendant's spouse or former spouse

A person with whom her or she was cohabitation with.

Fiance or Fiancee or someone whith whom the offender has, previously had, an engagement or dating relationship.

The mother of father of his or her child

the corporal injury resulted in a traumatic condition

 

what are the defenses to this charge

False Accusation

The incident did not happen in the way the complaining witness is saying it happened.

The incident was really a Misdameanor and did not involve traumatic injury

This is that many times gets overlooked by some Attorneys there clients would be more than willing to accept a Misdameanor rather than a Felony yet the Attorney never argues this to the District Attorney or the Court. 

Either the court or the District Attorney has the power to reduce under Penal Code section 17B. 

 

No Priors

This is an effective defense in the case of Domestic Violence because under Penal Code section 1101 B prior evidence of domestic violence can be brought in the prosecutions case in chief.  Therefore is you have no prior convictions this works in your favor because the District Attorney knows they cannot bolster a weak case with prior offenses. 

There are several other defenses available and this is not meant to be a complete list.  I have handles close to 100 hundred domestic violence cases call us to schedule an appointment.

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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Fresno, CA 93704
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