If you have been accused of domestic violence, it is vital that you hire a good defense attorney as soon as possible. Depending on the severity of the charge, you could be facing felony charges or even a lengthy jail sentence. In either case, our law firm will work to protect your rights and minimize the potential consequences. Our law firm’s aggressive defense approach can help you avoid the penalties of a criminal trial.
California has stringent laws regarding domestic violence. Increasingly, the need has been recognized for all branches of the justice system to handle domestic violence cases in a consistent manner and with the same base of knowledge. To this end, specialized procedures were implemented throughout California. New law enforcement officers are required by statute to attend 8 hours of specialized domestic violence training. See Pen C §13519(c).
The two most common domestic violence offenses in California are inflicting Corporal Injury on a spouse and Simple Battery against a spouse. These two domestic violence offenses are “wobbler” offenses. A “wobbler” offense can be prosecuted either as a felony or misdemeanor. When deciding whether to file misdemeanor or felony charges, the prosecutor will typically consider the extent of the harm or force inflicted, as well as the defendant’s criminal record. A defendant could be sentenced to up to four years imprisonment if convicted of a felony. If great bodily harm has been done, an additional five years may be possible. This conviction can be used to increase future convictions under California’s Three Strikes Law. A person could also lose the ability to purchase or own firearms.
Our law firm understands that corporal injury to a spouse or domestic battery offenses may often arise out of a moment of anger but has serious legal consequences that will remain on your record. It is vital to contact our law firm and discuss your case in the early stages. If you are accused of domestic violence, it will be a felony or a misdemeanor. The penalties for such crimes include a mandatory minimum jail term, payments into a batterer’s fund, and a permanent criminal record. Other possible consequences include losing child custody rights, a restraining order, and immigration repercussions, especially if you are not a citizen of the United States.