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Domestic Violence Attorney California has the depth of legal talent you need to win your case.
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Yes, chances are if the police are on the scene because of a call for domestic violence, someone is going to jail. California law requires that if a police officer sees a sign of physical violence and there is a relationship, they will take someone to jail. Whether the person desires prosecution or not, they go to jail if there are signs of domestic violence.
Depending on the circumstances, your domestic violence defense attorney might use one of the following defenses to get your charges dropped, dismissed, or reduced.
Self Defense
Self-defense is one of the most common defenses used in domestic violence cases. If you used force against the alleged victim to protect yourself or someone else you believed was in imminent danger, your domestic violence defense lawyer can argue that you were justified in using force.
For example, if the alleged victim lunged at you with a knife after a heated argument, and you ducked and tackled them to the ground, resulting in a rib injury, your domestic violence lawyer can make the case that you acted in self-defense since your life was possibly in danger.
Lack of Evidence
Suppose there is no tangible evidence (medical records, statements from eyewitnesses, photographs, videos, phone records, or voicemail records) to prove that a crime (verbal abuse or physical abuse) was committed. In that case, your criminal defense lawyer can convince the prosecution to drop the charges against you or get the charges against you dismissed in court.
False Accusation
Suppose the alleged victim falsely accused you of framing or getting back at you. In that case, your domestic violence lawyers will investigate your case to prove that there is no factual basis for the false allegations. Without a legal justification for the domestic criminal charges, your defense team may be able to get the case against you dropped or dismissed.
Accident
Domestic violence generally involves an element of intention. If you hurt the alleged victim unknowingly or unintentionally, it cannot be considered an act of domestic violence. For example, if you are repairing work on your home and a tool slips out of your hand, hits your spouse, and causes an injury, you cannot be accused of domestic battery.
Domestic violence involves violence against a spouse or any other person. At Kareem Law APC,
Honorable And Determined Criminal Defense Attorney To Protect Your Future.
Penal Code 243(e)(1) – California’s domestic battery law — makes it a misdemeanor to inflict force or violence on an intimate partner. Unlike Penal Code 273.5, this California domestic violence law does not require a visible injury. up to one (1) year in county jail.
Domestic violence charges cannot be dismissed if the police are engaged. The prosecution must decide whether to prosecute the attacker for domestic violence, depending on the evidence and circumstances. Many prosecuting authorities have adopted a “no drop” policy in the case of domestic violence allegations.
The legal consequences for domestic violence in California could involve fines, counseling, probation, community service or imprisonment. Further, you could be legally prohibited from ever contacting the victim or going into their home.
The California Penal Code lists several crimes that qualify as domestic violence-related offenses. The top five most commonly filed charges are:
Direct consequences are based on what you agreed to in your guilty plea agreement or at trial sentencing. Collateral consequences will be based on what generally happens in life after you are found guilty and can vary from person to person.
Direct Consequences include but are not limited to:
Loss Of Employment And/Or Denial Of A New Job.
Mandatory Court Ordered Domestic Violence Or Anger Management Classes.
Mandatory Informal Or Formal Probation;
Mandatory Protective Orders (Restraining Orders).
Loss Or Reduction Of Child-custody Rights.
Loss Of California Gun Rights.
If you find yourself accused of a domestic violence offense, there are ways to fight back. Each case will have its own unique set of facts and circumstances that an experienced domestic violence attorney will use to develop the right defense. Some possible defenses/strategies are:
When you are facing criminal charges, you need an experienced criminal defense attorney you can trust. Kareem has been practicing criminal law for more than a decade and is one of the most trusted and highly rated attorneys. Whether you need help with a domestic violence case, felony and misdemeanor cases, theft crimes, or any other criminal charges, call Kareem Law APC for excellent legal representation. Kareem is a compassionate criminal lawyer who will protect your rights, guide you through every step of the process, provide you with the legal counsel you deserve, and fight hard to obtain optimal results. Call today at (888)-506-6519 or use our online contact form to schedule contact with a seasoned criminal defense lawyer in Riverside.
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