While domestic violence happens an unfortunate amount of time, the people charged with the offense have legal rights. While people may be quick to try to convict just based on the nature of the crime alone, there are often two sides to every story. At the same time, false domestic abuse allegations are also too common as some people try to use them to otherwise gain an advantage. Those accused of domestic violence have every right to experienced and aggressive legal counsel.
Domestic violence charges are not just limited to current and former spouses. Under California law, the definition is very broad. It could include someone with who you were in a relationship or even everyone who you were once dating. Any type of violence related to any relationship past or present can be charged.
When one commits battery as part of a domestic violence charge, the punishment can be up to one year in prison. In California, battery is defined as “intentional and unlawful physical contact on another person.” When there is no injury, domestic violence can be charged as a felony or misdemeanor.
When the alleged victim suffers an injury from the violence, the charges are upgraded to a felony. This can mean a sentence of up to four years in state prison. If one is convicted of felony domestic violence within seven years of another domestic violence conviction, it will result in a sentence of at least two years.
While most domestic violence cases are charged as misdemeanors, the effects of the case are very real. Beyond potential jail time or probation, there are numerous collateral consequences of a domestic violence conviction:
When you are charged with domestic violence, you have the choice to fight the charges or negotiate with the prosecutor. If the defendant is a first-time defender, their attorney may be able to get a favorable deal on their behalf. The key is to have an attorney who knows how to talk to prosecutors. If the defendant chooses to plead guilty, they may even be able to get a deal where they do not plead guilty to domestic violence. This will preserve their right to own a firearm. Given the consequences of a conviction and possible stiff punishments for repeat offenders, you may find that the best outcome is pleading guilty to a lesser charge.
Your attorney will advise you that you can fight the charges against you if you choose. Here are some possible defenses that you can use in your case:
If police show up to investigate a call and there is even a slight injury, they are required to make an arrest and confiscate the guns in the home. This is when you need to contact a Riverside domestic violence attorney. The sooner you bring an attorney into your case, the quicker you can start working towards achieving the best possible outcomes.
Attorney Daniel DeLimon is an experienced criminal defense attorney who has helped clients charged with domestic violence. He counsels his clients in a judgment-free environment and is focused solely on protecting his clients’ legal rights. If you have been charged with domestic violence, call DeLimon Law at (951) 777-9104 as soon as possible to get an attorney working on your case or contact us online for more information. There is too much at stake to not have an aggressive legal defense at your disposal.
He has compassion and empathy for all parties as well as one of the sharpest legal minds around. He is a powerhouse in the courtroom; the kind of attorney people stop and listen to. Anyone facing the legal system would be fortunate to have him working for them.
I was facing multiple violent felonies and life in prison. Mr. DeLimon took my case to trial and the jury found me NOT GUILTY OF ALL CHARGES and I was released. I owe him my life.