Domestic violence charges can dramatically impact your life in many negative ways. They generally start with a 911 call to local police who are obligated to investigate. Many law enforcement agencies have policies in place that will automatically lead to an arrest of whomever the investigating officers deem to be the main aggressor. This can occur even in the absence of credible evidence. An arrest can also be based on an accuser’s statement that may be exaggerated, misleading, and false. This is common in allegations of domestic abuse in emotionally charged situations involving separation, divorce, child custody battles, and relationship breakdowns.
If you are facing domestic violence allegations, it is crucial that you understand the full magnitude of the potential consequences you could face and take proactive steps to avoid or reduce them. Your choice of an attorney in such a situation can be the deciding factor in the outcome of your case. At the Days Law Firm, our attorney has handled hundreds of these types of cases with a vast number resulting in dismissal. Many that have not been dismissed have been resolved with reduced charges. We provide representation backed by decades of extensive state and federal experience.
The judge will base the punishment on the seriousness of the case and on whether this was a first offense or not. Domestic violence is a serious offense that brings a serious prison time but more importantly, it can taint a person’s credibility and self-respect. It can likewise impact work prospects in the future along with living opportunities.
Allegations of violence can threaten your freedom, the right to bear arms, and living conditions. Charges can lead to a domestic violence restraining order, which is not even a criminal conviction, and prohibit your possessing a firearm. Under federal law, possession of a firearm after having been convicted of domestic violence (whether a felony or misdemeanor) is illegal and punishable by up to 10 years in federal prison.
Under California law, it is a crime to harm or threaten to harm the following family or intimate partners:
Domestic violence offenses are generally charged as misdemeanors that can result in minimum mandatory time in jail, fines, restitution to the victim for medical expenses or property damage, and usually mandatory attendance at a 52-week batterers treatment program. It also results in a 10-year firearms ban under state law and lifetime ban under federal law and can lead to a restraining order and loss of your child custody rights. For non-citizens, it may have immigration consequences such as removal or inadmissibility to this country. Finally, it will result in a permanent criminal record that can damage your ability to gain employment, rental housing, educational aid, and professional licenses, such as for real estate, nursing, piloting, pharmacy, and more.
Various crimes have been established as domestic violence crimes in California, each with its own Penal Code defining it and the penalties it carries. These crimes include:
Your charges in any domestic violence offense will be based on the nature of the crime, the extent of damage caused to the victim, and whether you have prior convictions. Many domestic violence crimes can be charged as either misdemeanors or felonies. Felonies generally carry more severe consequences such as increased custody time and fines.
When charged with a domestic violence crime, it is best not to discuss your case with anyone without legal representation. Our firm will aggressively protect your rights and work diligently on your behalf in investigating your arrest and its circumstances. We will use all of our considerable legal skills seeking the best possible result, such as a dismissal, reduced charges, or reduced sentencing.
Days Law Firm offers free initial phone consultations. Call us today to review your case.
We are available 24/7 and will meet clients in jail or after hours by appointment.
Zealous State & Federal Criminal Defense Attorney
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