Let us imagine that it’s a Sunday. You're headed to a bar to see your favorite football team play their weekly game. You invite your roommate, not realizing that the opposing team's quarterback is on his fantasy team. Your friend starts taunting you as his quarterback throws touchdown pass after touchdown pass against your squad. You slam your fist into his face, shattering his nose, enraged by his antics and your team's terrible performance.

Can you then be arrested for domestic violence against your roommate? Keep reading to learn how this situation can be handled and then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

Domestic violence definition

Domestic violence usually brings up images of violence between couples or boyfriends and girlfriends in the home. Most individuals are unaware, however, that the rules against this type of violence protect far more people than only those who are romantically linked with their assailant.

There is no single "domestic violence" legislation in California, as many different types of conduct and degrees of injury can result in criminal charges for domestic abuse. Domestic violence is a broad phrase that refers to violence that occurs because of the victim's relationship with the defendant.

People who are protected fall into the following categories: spouses, girlfriends/boyfriends (past or present), children, family members, cohabitants or roommates. So, even if you and your roommate have no romantic relationship, California's domestic violence laws protect him because you live together.

Are roommate fights outside the house domestic violence?

Though the term "domestic" may lead some to believe that this sort of violence can only occur within the home, the law does not distinguish between where the conduct takes place.

If you assault your roommate at a bar, you could face a variety of charges. The most serious of these is inflicting a physical injury on a spouse or cohabitant in violation of Penal Code § 273.5. It is illegal to inflict a "corporal damage" that results in a "traumatic condition" on any of the people listed above, regardless of where the incident took place.

A traumatic condition is defined as "a wound or other bodily injury induced by the direct application of physical force, whether mild or serious." This includes any obvious injury, such as swelling and bruises, as well as more significant injuries such as fractured bones, choking marks, or severe cuts. This would include your roommate's broken nose in the previous case.

Domestic violence penalties

PC 273.5 is a "wobbler," meaning it can be charged as a felony or a misdemeanor. If you are convicted of a misdemeanor, you could face up to 364 days in county jail, a $6,000 fine, and/or probation. A felony conviction carries a sentence of two to four years in state jail, a $6,000 fine, and/or probation. These penalties can be lengthened in a variety of ways, such as if you used a weapon or caused bodily harm.

If you are convicted, in addition to the penalties listed above, the court will order you to undergo anger management classes, which usually last a year. It is a probation violation if you do not attend the court-ordered anger management classes. Your right to use, own, or possess a firearm for at least ten years, or in some situations, permanently, may be taken away if you are convicted.

If you are facing domestic violence charges for any reason, it is essential that you have an experienced attorney on your side. Contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.