In California, domestic violence is a matter of grave concern. The state’s legislation has implemented several broad statutes that encompass a range of actions, making it illegal to commit assault, battery, abuse, stalking, or threats against a family member, ex-spouse, fiancé, cohabitant, or domestic partner.
If you have recently been arrested on a domestic-related charge, it’s important to understand that the allegations carry severe consequences, including potential jail or prison time. Typically, a domestic violence charge stems from a 911 call made by the victim, claiming physical assault by a family member or someone with whom they share or have shared a close relationship. Law enforcement officers typically document physical signs of abuse through photographs of the victim’s person or body parts. This evidence, along with statements from the victim, witnesses, or alleged perpetrator, the arresting officer’s report, and records of the 911 call, is forwarded to a specialized unit in the prosecutor’s office that handles domestic violence cases.
What are the penalties for domestic violence convictions?
Over the years, California has adopted a tough stance on those convicted of domestic violence. When charging and punishing a defendant, prosecutors and courts take the seriousness of the injuries into account. Domestic violence and related offenses can be classified as either felony or misdemeanor offenses. Felony charges count as a strike under California’s Three Strikes Law. Additionally, it is highly likely that a domestic violence arrest will prompt the victim to seek a court order of protection against the perpetrator. If convicted, the victim may also file a civil lawsuit to recover damages for their injuries.
Conviction for this crime carries many potential collateral consequences. Mandatory attendance in a 52-week batterer’s class may be required, and knowledge of the arrest, charge, or conviction could lead to job loss as employers are often hesitant to retain individuals they perceive as lacking control over their temper.
What are the defenses for domestic violence in California?
Our criminal defense attorney recognizes that there are various reasons why a person might be wrongly accused of domestic violence, as relationship issues are often emotionally charged. In many instances, a situation involving frustration or anger between two parties results in false allegations of physical attack or assault.
Moreover, law enforcement investigations may fail to prove that one party actually attacked the other. During interviews, the accuser is often highly distressed, which can affect the accuracy of their responses to police inquiries.
Our experienced Orange County criminal defense attorney has also encountered cases where actions were taken in self-defense, which is not a crime. Regardless of the circumstances, it is crucial to have a skilled attorney who will challenge the state’s evidence and thoroughly investigate all the facts of your case.
Orange County Domestic Violence Defense at the Johnson Criminal Law Group
At the Johnson Criminal Law Group, our dedicated criminal defense attorney takes pride in representing individuals charged with domestic violence in Orange County. Our attorney is committed to helping residents defend against criminal charges and providing the best possible defense for each client. We strive to have cases dismissed, charges reduced, or reach other favorable legal outcomes that prioritize fairness. Contact our Orange County criminal defense lawyer as soon as possible by calling (949) 622-5522 or messaging us online today.