Permanent injury isn’t necessary for domestic violence charges

| Mar 10, 2021 | Criminal Defense |

Confusion about what constitutes assault can lead to people making bad legal decisions. Especially when it comes to domestic assault or domestic violence allegations, there is a lot of misinformation that can trick people. For example, people might think that they don’t have to worry about domestic violence charges if their partner would never try to prosecute them.

However, a neighbor could call the cops and have them come to your house during an argument. If the police notice signs of physical injury to the other person, they might arrest you and charge you with a crime. Even if the other person never tries to get you in trouble, what the police officers witness might be sufficient cause for the state to prosecute you.

You might think that if the other person didn’t suffer permanent injuries that charges won’t necessarily occur. However, an injury doesn’t have to be permitted to justify prosecution under California law.

Any traumatic injury is grounds for prosecution in California

The domestic violence law in California explicitly states that anyone who causes a traumatic injury to someone with whom they have a close relationship violates state code. The law defines traumatic injury as any physical injury, internal or external. It does not need to be visible, nor does it need to cause permanent consequences.

Injuries related to attacks that fall outside of what many people consider domestic violence can also lead to charges. You don’t have to kick, hit, bite or punch someone for a crime to occur. The state also specifically recognizes strangulation-related injuries as a cause for domestic violence charges.

Domestic violence allegations could affect your career and reputation

Everyone gets into fights and disagreements with the people in their lives sometimes, and occasionally things get out of control. Unfortunately for some people, if the state gets involved in their interpersonal relationships, the damage caused can last for years.

Pleading guilty to avoid the potential embarrassment of a public trial is a strategy that will saddle you with a criminal record for life. Everything from future promotions to continued education can suffer if you have a conviction on your record. Exploring all of your options for your defense can help you avoid a terrible outcome in this stressful situation.