What’s the Difference Between Domestic Violence and Assault in California?

Posted on: October 27th, 2021 by Dod Law

In the United States, it has been reported that 35.6 percent of women and 28.5 percent of men will experience rape, physical violence, or domestic violence. Domestic violence and assault are extremely serious crimes that can result in fines or jail time for the accused person. If you have been charged with either of these crimes, you should consult a criminal defense lawyer to get help defending your rights. 

Dod Law is a criminal defense law firm helping clients who have been accused of domestic violence or assault in California. It is essential to know the difference between a domestic violence or assault charge in California. 

What is the Difference Between Domestic Violence and Assault?

A person commits assault when they intentionally cause another person physical harm. Domestic violence is different from assault because this charge can apply to any situation that causes physical harm or the fear of physical harm. It should be noted that the main difference between these two crimes is that for a situation to fall under the category of domestic violence, there does not have to be any actual physical harm that was carried out against the victim. Another key difference is that an assault may happen between any two, or more, people, while domestic violence may only be committed by individuals who fall under any of the following categories:

• An intimate partner
• A spouse
• A person living with another long term 

It is crucial that you partner with an experienced criminal defense lawyer who has worked on domestic violence and assault claims and can help you defend the charges brought up against you. 

Can You Be Charged With Domestic Violence and Assault?

If a person commits assault in a domestic violence situation, they may be charged with domestic assault, which means they are being charged with both domestic violence and assault. An example of this could be if an argument occurs between spouses in the home and, as a result, someone is physically injured. In this case, the aggressor would be charged with disorderly conduct, a domestic violence crime, and assault. 

What are the Consequences of a Domestic Violence or Assault Charge?

Most domestic violence charges result in a misdemeanor charge but based on the details of the case; they can also result in a felony. Consequences of being charged with domestic violence may include fines, jail time, or protective orders that prevent the accused from speaking to or being near their accuser. 

Assault can still result in a misdemeanor, but in many cases, the accused person will be charged with a felony. A person who has been accused of assault may face more severe consequences such as longer jail time. These crimes may result in difficulty finding employment, finding a place to live, or strained relationships with friends or family if they are convicted. 

Get Help From a California Criminal Defense Lawyer

Being accused of domestic violence or assault is very serious and can result in severe consequences if convicted. If you have been charged with either of these crimes, you should get help from a California criminal defense lawyer to defend you against the charges. 

Attorney Dod of Dod Law is a skilled criminal defense lawyer with over 17 years of experience helping clients who have been accused of domestic violence and assault. Attorney Dod provides his clients with the award-winning and dedicated legal counsel that they deserve. For a free case review, contact Dod Law here or call (619) 814-5110.