Orange County Domestic Violence Defense Lawyer
In the state of California, domestic violence is a serious issue. The California legislature has enacted several statues that are broad enough to encompass a variety of acts which makes it illegal to commit an assault, battery, abuse, stalk or threaten a family member, an ex-spouse, fiancé, cohabitant or a domestic partner.
If you have recently been arrested on a domestic related charge, you need to understand that the allegations are severe enough that you could serve jail or prison time. Usually a domestic violence charge is initiated upon a 911 call in which the victim claims he or she has been physically assaulted by a family member, or someone in which the victim has or is currently involved in a close relationship. Law enforcement officers ordinarily take photographs of the alleged victims’ person or body parts which shows physical signs that an abuse has occurred. This information, along with any statements provided by the victim, witnesses or alleged perpetrator, the arresting officer’s report, and records of the 911 call are forwarded to a special unit of the prosecutor’s office which handles domestic violence cases.
What are the penalties if you are convicted for domestic violence?
Over the years the state of California has become very tough on those who are convicted of domestic violence. An important factor the prosecutor and courts will consider in charging and punishing a defendant is the seriousness of the injuries. Domestic violence and its related offenses could be classified as a felony or misdemeanor offense; if the charge is a felony it will count as a strike under California Three Strikes Law. Also, it is very likely that a domestic violence arrest will lead the victim to obtain a court order of protection against you and if you are convicted on these charges, he or she could file a civil lawsuit against you in order to recover damages for his or her injuries.
There are many potential collateral consequences if you are convicted of this crime. You may be required to attend a 52 week batterer’s class and you could lose your job if your employer becomes aware of your arrest, charge or conviction. Employers are reluctant to hire or retain people in which they feel are unable to control their temper.
What are the California domestic violence defenses?
Our criminal defense attorney recognizes that there are various reasons a person might be arrested for domestic violence. It is quite common for a person to be falsely accused of this crime, because there are often many emotional relationship issues involved. There are many situations in which one person in the relationship becomes frustrated or angry with the other, this may result in accusation of a physical attack or assault which might not have happened.
Also, it is often the case that the law enforcement officer’s investigation of the situation fails to prove that one party actually attacked the other. During the interview the accuser is usually extremely upset, which could influence the veracity of the response to police inquiries.
Our Orange county criminal defense attorney has also observed cases in which a person acted out of self-defense—which is not a crime. No matter what the situation might be, however, you will need an experienced attorney who will challenge the state’s evidence against you and investigate all the facts of your case thoroughly.
Orange County Domestic Violence Defense at the Johnson Criminal Law Group
Our criminal defense attorney at the Johnson Criminal Law Group is proud to represent all those who have been charged with domestic violence in our area. Our attorney is committed to helping residents defend criminal charges against them and providing each client with the best defense possible. We work to help residents have their case dismissed, charges reduced, or otherwise reach the best legal solution to make sure that fairness is part of the process. Get in touch with our Orange County criminal defense lawyer as soon as possible. We can be reached by phone at 949-622-5522 or you can send us a message online today.
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- Women are now Just as Likely to be Charged With Domestic Violence as Men
- Domestic Violence Restraining Order DV-110: How to Conduct Yourself to Avoid Further Legal Problems
- Penalties for Domestic Violence Criminal Charges
- Domestic Violence Charges Without Visible Injuries in Orange County