California Domestic Violence Lawyers
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Domestic violence is a violent crime that is taken very seriously in the California Court system. Because the criminal court system does not take these domestic violence cases lightly, it is crucial that you hire a California domestic violence attorney who has experience in these kind of cases to represent you.
Emotions run high with domestic violence cases and these times can be exceptionally stressful. These cases affect the entire family. As a defendant you probably feel like everyone is out to get you and you may even feel betrayed by your family or friends. Our domestic violence lawyers understand what you are going through and we passionately stand by your side.
Because we have handled domestic violence cases very similar to yours, we understand what you are going through. We have skillful attorneys who understand California’s domestic violence laws and we are committed to defending you and making sure your rights are protected. Our criminal attorneys can defend you against a criminal domestic violence charge, and work to get the best resolution possible, so you can move on with your life.
California Domestic Violence Laws
California laws are changing all the time. California domestic violence laws are governed by how the terms “domestic” and “abuse” are defined in the statutes.
In laymen’s terms, to be found guilty of domestic violence you must commit “abuse” on someone you have a “domestic” relationship with. It is important to note that alleged victim in a domestic violence case does not have to be a spouse or family member for the crime to be considered domestic abuse. Domestic relationships can be a spouse or former spouse; someone you are a dating; someone you formerly dated; a roommate or former roommate; the parent of your child; or any other family member including parents, siblings, aunts, uncles, nephews, nieces and first cousins.
By California law (California Family Code Division 10), abuse is defined as: intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or placing a person in reasonable fear of imminent serious bodily injury. So this means that you can actually be found guilty of domestic violence without actually touching someone. That why it is crucial to have a knowledgeable and experienced domestic violence lawyer by your side to help minimize the damages that you may be facing when accused of domestic abuse. It is also important to note, that in domestic violence cases, it is nearly impossible for the alleged victim to have the charges dropped simply because he or she wants them dropped. Once a California district attorney is assigned to your domestic violence case, he or she is the only person who can drop the charges. In sum, once the domestic violence charges are filed the prosecution for the state takes over the case and has the final say in if charges are dropped.
A Domestic Violence Charge is Considered a Wobbler Under California Law
Under California law, domestic violence charges are considered “wobblers”. They are considered wobblers because the charge “wobbles” between a misdemeanor and a felony depending on the circumstances. These cases are handled by a domestic violence unit with specific prosecutors who only handle these domestic abuse cases. The prosecutor decides if your domestic violence charge will be a misdemeanor or a felony. If there were serious injuries involved, the chances are likely that you will be charged with a felony. However, if there were only threats or minor injuries the chances are likely you may get charged with a misdemeanor.
Domestic Violence Penalties Under California Law
If you are convicted of a domestic violence charge, you are facing severe sentencing. Because of this, it is vital to hire an aggressive domestic violence attorney to defend you and help you protect your rights, and in many cases, your freedom.
If you are charged with misdemeanor domestic violence, you are facing up to 6 months in jail in the worst case scenario. You are also facing fines, a no contact order with the victim, 40 hours of community service and 52 weeks of domestic violence counseling. If you are charged with felony domestic violence, you are facing 3 months to 3 years in state prison. You are also facing fines, a no contact order with the victim, 40 hours of community service and 52 weeks of domestic violence counseling.
If You are Facing A Domestic Violence Charge in California Please Contact Us Immediately
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