Domestic Violence Charges

Facing domestic violence charges is a stressful situation. The penalties tied to a conviction can be severe, affecting every aspect of your life.

At SoCal Criminal Defense Lawyer, we know the gravity of these charges and the criticality of a vigorous defense. Our experienced attorneys are committed to safeguarding your rights. We ensure you receive fair treatment under the law.

Domestic violence cases are complex. They entail a deep understanding of the accusations and the available legal defenses. We provide a personalized approach, considering the specifics of each case to develop the best strategy.

It's important to act quickly when facing such charges. Our team is here to guide you through every step of the process and help you achieve the best possible outcome.

Table of Contents

Understanding Domestic Violence Charges

Domestic violence covers harm or threats of harm between individuals in an intimate relationship. It can include physical abuse, threats, emotional abuse, or stalking.

The charges can vary widely, from misdemeanors to felonies. It is all based on the severity of the alleged actions. Understanding the nature of your charges is important for building an effective defense.

In California, the law takes domestic violence seriously. Charges can escalate based on the circumstances, such as the presence of serious bodily injury or the use of a deadly weapon.

Our attorneys are well-versed in the nuances of domestic violence and law enforcement, and are prepared to handle cases with the sensitivity and rigor they demand. We focus on dismantling the prosecution's case while upholding your legal rights.

Types of Domestic Violence

Physical abuse. This type involves using physical force against another person, which can result in injury. Examples include hitting, choking, or any other act that causes physical harm.
Emotional abuse. Emotional abuse is about control and domination through fear, humiliation, and verbal assaults. It can be as harmful as physical abuse and often accompanies other forms of violence.
Economic abuse. This type involves controlling a partner's access to financial resources, which limits their ability to function and makes them financially dependent.
Sexual abuse. Sexual abuse in a domestic setting covers any non-consensual sexual act or behavior. This can range from unwanted sexual touching to rape.
Psychological abuse. This includes intimidation, threats, isolation, and other tactics that cause psychological trauma or stress.

Legal Framework for Domestic Violence

In California, domestic violence laws are designed to protect victims and prevent further harm. California Penal Code Section 273.5 covers acts of domestic violence involving imminent physical harm or injury, while Section 243(e)(1) deals with less severe cases where no visible physical injury is present. These laws provide the basis for charges and subsequent legal proceedings.

A thorough understanding of these statutes is essential for defending against domestic violence allegations. Our legal team ensures we leverage every available legal avenue to protect our client's interests. We scrutinize the circumstances of each case, challenge inaccuracies in the charges, and argue for the most favorable result based on the facts and law.

What to Expect During and After an Arrest for Domestic Violence

Police arrest. If the police are called to a domestic incident, an arrest can occur if they believe violence has happened. The arrested individual will then be taken into custody.
Booking process. After arrest, the accused is booked at the police station. This process includes fingerprinting, photographing, and recording the arrest.
Bail setting. A judge will set bail during the first court appearance. The amount changes based on the severity of the allegations and the defendant's background.
Restraining order. Often, the court will issue a temporary restraining order against the accused. This order can prohibit contact with the victim.
Arraignment. At the arraignment, the accused will hear the formal charges and enter a plea. It is very important to have legal representation at this stage.
Pre-trial proceedings. Both sides will gather evidence, conduct interviews, and prepare their cases during the trial. This phase is critical for building a strong defense.
Trial. If the case results in a trial, the prosecution and defense will present their evidence and make their arguments. The outcome depends on the jury's decision or judge's ruling if it is a bench trial.

A Word on Facing Restraining Orders

Facing a restraining order is a common occurrence in domestic violence cases. These orders protect the alleged victim by restricting the accused's ability to contact or approach them. It is essential to adhere strictly to the terms of any restraining order to avoid further legal complications.

Restraining orders can have serious implications beyond the immediate legal consequences. They can affect where you live, your visitation rights with your children, and other aspects of your personal life.

If you face a restraining order, it's essential to understand its terms fully and discuss your options with your attorney.

Consequences of Domestic Violence Charges

Being charged with domestic abuse can result in severe penalties if convicted. These can include jail time, heavy fines, and mandatory counseling sessions. The specific consequences often depend on whether the charge is filed as a misdemeanor or a felony.

California law stipulates that a misdemeanor domestic violence conviction under 243(e)(1) can result in up to one year in county jail and a fine of up to $2,000. A felony conviction can carry more severe penalties, including longer prison sentences and larger fines.

For example, a conviction under 273.5 could result in one, two, three, or four years imprisonment and a fine of up to $6,000. It's essential to partner with an experienced criminal defense attorney who can work to reduce or dismiss the charges based on the evidence.

Impact on Personal Life and Employment

A domestic violence conviction can adversely impact your personal life and employment opportunities. It can tarnish your reputation, making finding or retaining jobs difficult, especially those involving public trust or security clearances. Furthermore, it can strain family or household relationships and affect custody arrangements.

The stigma associated with domestic violence can lead to social isolation and emotional distress. It is important to address these challenges proactively by working with a defense attorney who understands the personal stakes involved and strives to protect your future.

Defending Against Domestic Violence Charges

Crafting a strong defense against domestic abuse charges requires understanding the specific accusations and the evidence presented.

Our attorneys work diligently to develop a strategy that addresses the nuances of your case. We focus on our criminal defense attorneys uncovering procedural errors, challenging the evidence, and presenting a compelling counter-narrative.

Common Defense Strategies

Self-defense. Claiming self-defense involves proving that you were protecting yourself from immediate harm. This defense requires showing that your actions were a necessary response to the threat.
False accusations. Unfortunately, false accusations of domestic violence do happen. They are more common than many people realize. We meticulously review the evidence to expose any inconsistencies or motives for the accuser to lie.
Lack of proof. Prosecutors must prove the accusations beyond a reasonable doubt. We highlight the lack of evidence or unreliable evidence presented against our clients.
Accidental injury. Sometimes, injuries occur accidentally in situations that are not related to domestic violence. Demonstrating that an injury was accidental can be a valid defense.
Wrong suspect. In cases where the perpetrator's identity is in question, proving that our client was not responsible can lead to the dismissal of the charges.

Challenging the Credibility of Evidence and Witness Statements

The credibility of evidence and witness statements is often the cornerstone of the prosecution's case in domestic violence incidents. Our approach involves a comprehensive investigation into the evidence's origins and witness testimonies' reliability. We question every detail that could lead to doubts about the prosecution's case.

Challenging evidence requires a strategic approach and an understanding of legal standards. We scrutinize police reports, medical records, and witness statements for inconsistencies or errors. By weakening the credibility of the evidence, we strengthen our client's position and increase the chances of a favorable outcome.

The Benefits of Partnering With Our Domestic Violence Attorney

Partnering with our domestic violence attorney means you have an advocate who understands the complexities of domestic violence law. We know the difficulties these charges can bring. Our firm is committed to providing a defense to protect your legal rights. We even consider your personal and emotional needs during this challenging time.

Partnering with an experienced attorney can change the direction and outcome of your case. We negotiate with prosecutors and argue motions before the court. We can represent you at trial to achieve the best possible result. Our proactive and thorough approach can often lead to reduced charges or a complete dismissal.

Alternatives and Diversion Programs

In certain cases, alternatives and diversion programs may be available to those facing domestic violence charges. These programs are intended to address the underlying issues leading to a domestic violence charge. These include anger management or counseling instead of punishment alone.

Participation in these programs can sometimes lead to charges being dropped or reduced. Of course, the program's requirements must be met. Our attorneys will discuss whether these options are suitable for your case. We will guide you through securing a place in such programs. Even if you are facing a domestic violence felony, speak with us about your options.

Connect With Our San Bernardino Domestic Violence Lawyer for a Free Consultation

If you're facing domestic violence charges, don't wait to seek legal help. Contact our San Bernardino domestic violence lawyer today for a free consultation. SoCal Criminal Defense Lawyer always puts your needs first, and we will do everything we can to achieve the best result.

Domestic violence offenses are prosecuted vigorously in California. Criminal charges, such as aggravated assault, sexual assault, and domestic violence felonies, could change your life forever.

Contact us today to schedule a free case consultation if you have been charged with a criminal offense.