How to Fight Domestic Violence Charges
Posted on April 20, 2023 by John
Domestic violence charges can have severe consequences, especially for wrongly accused persons. It may even include jail time, fines, and a criminal record that can impact employment, housing, and other significant areas of ordinary life.
If you or someone you know has been charged with domestic violence, it is essential to seek the advice of an experienced criminal defense attorney to help you understand the legal process and your options for defense.
In most jurisdictions, domestic violence refers to a pattern of abusive behavior in a relationship (usually between spouses, former spouses, family members, and individuals who are or were in a romantic relationship) that is used to gain power and control over another person. It can take many forms, including physical, emotional, psychological, sexual, and financial abuse.
Know the Law
In California, domestic violence charges can be filed under Penal Code 273.5, which prohibits corporal injury to a spouse, cohabitant, dating partner, or a fellow parent, meaning that if someone is charged with domestic violence, they may be facing criminal charges. The specific charges and potential penalties will depend on the laws of the state where the alleged incident occurred and the circumstances of the case.
In many states, domestic violence is a misdemeanor offense, punishable by up to one year in jail and fines. However, if the alleged victim suffered serious injuries or the accused has a previous domestic violence conviction, the charges may be elevated to a felony, which carries more severe penalties, including longer prison sentences and higher fines.
It is important to note that in California, even if the alleged victim does not want to press charges, the prosecutor can still pursue the case. This is because domestic violence is considered a crime against the state, not just the victim.
If you are facing domestic violence charges, it is essential to work with an experienced criminal defense attorney to develop a defense strategy.
For example, if you acted in self-defense or defense of others, you may be able to justify that the alleged domestic violence was necessary due to the risky circumstances. It is also not rare for people to make false allegations of domestic violence, either out of revenge or even to gain an advantage in a divorce or custody dispute.
You need to bear in mind that to secure a conviction, the prosecutor must prove the domestic violence charges beyond a reasonable doubt. If there is insufficient evidence to support the case, a skilled attorney may be capable of getting the charges dismissed.
The Legal Help You Need
No matter what you are being charged with, you will receive highly skilled assistance from our legal professional with over a decade of experience on both sides of a California courtroom. The Law Office of David Leicht will go the extra mile to solve your legal problems and handle your case with the attention it deserves. Contact us at (760)-256-3104 or use our online form to set up a free consultation and put the power of an experienced defense attorney on your side.
Serving Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, Wrightwood, and the surrounding California communities.
534 Barstow Road
Barstow, CA 92311