A domestic violence accusation can be life-altering. If you are facing one, a Milpitas criminal defense lawyer can help protect your future.
Domestic violence convictions can result in jail time, restraining orders, and a permanent criminal record. A Milpitas domestic violence lawyer from Silver Law Firm can protect your rights and defend your name.
How Is Domestic Violence Defined in Milpitas?
In California, “domestic violence” refers to abuse or threats of abuse against someone with whom you have an intimate or family relationship. This could include a spouse, ex-spouse, dating partner, cohabitant, or family member.
Abuse doesn’t have to involve physical injury. The law also recognizes emotional, psychological, and even financial abuse as potential forms of domestic violence. Actions such as pushing, threatening, harassing, or restraining someone could lead to an arrest if the police believe there’s probable cause.
For a free legal consultation with a domestic violence lawyer serving Milpitas, call (510) 995-0000
Legal Consequences of Domestic Violence in California
The penalties for domestic violence in California depend on whether the offense is classified as a misdemeanor or a felony. Those penalties may include:
- Jail or prison time: Misdemeanor domestic battery can lead to up to one year in county jail, while felony corporal injury can mean several years in state prison.
- Probation: Many convictions include probation terms with mandatory counseling, community service, and restrictions on contact with the alleged victim.
- Protective orders: Courts often issue restraining orders that can prevent you from seeing your family, entering your home, or contacting your children.
- Firearm restrictions: A domestic violence conviction can result in losing your right to own or possess firearms.
- Impact on employment and immigration: A conviction can appear on background checks and lead to professional licensing issues. For non-citizens, it may result in deportation or visa denial.
Because domestic violence cases are highly charged and politically sensitive, prosecutors often push aggressively for convictions. The earlier you hire a domestic violence lawyer in Milpitas, the more options you will have to fight back.
Milpitas Domestic Violence Lawyer Near Me (510) 995-0000
Available Legal Defenses in Domestic Violence Cases
Every domestic violence case has two sides. False accusations, misunderstandings, or self-defense are more common than many people realize. A skilled defense lawyer can help you build a strategy tailored to your situation. Common legal defenses include:
- Self–defense or defense of others: You have the right to protect yourself or someone else if you reasonably believe you are in danger.
- False accusations: Domestic disputes sometimes lead to exaggerated or fabricated claims made out of anger, jealousy, or revenge.
- Lack of intent: The prosecution must prove that you intentionally committed the alleged act. Accidental contact or injury doesn’t always meet that standard.
- Insufficient evidence: If there are no witnesses, medical reports, or credible proof, the case may rely solely on one person’s word against another’s.
- Mutual combat: When both parties were physically involved, it may not be clear who the aggressor was.
An experienced domestic violence attorney in Milpitas will analyze police reports, witness statements, and any available video or text message evidence to challenge the prosecution’s case.
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How Does the Criminal Defense Process Work?
If you were accused of domestic violence in Milpitas, here’s what typically happens next:
- Arrest and booking: Police respond to a domestic disturbance and make an arrest if they believe there’s probable cause.
- Charges filed: The Santa Clara County District Attorney’s Office decides whether to file misdemeanor or felony charges.
- Arraignment: You will enter a plea. Your lawyer can argue for reduced bail or release on your own recognizance.
- Pretrial proceedings: Your attorney will review evidence, file motions to suppress improperly obtained evidence, and negotiate with prosecutors.
- Trial: If no plea deal is reached, the case goes to trial. The prosecution must prove its case beyond a reasonable doubt.
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What to Do if You Are Accused of Domestic Violence
Being accused of domestic violence can be overwhelming, but what you do next can greatly impact your case. You should:
- Stay calm and avoid confrontation: Don’t argue or retaliate, even if you feel the accusation is false.
- Follow any restraining orders: Violating one of these orders, even unintentionally, can make your situation far worse.
- Avoid discussing the case: Don’t post on social media or talk about the case with anyone other than your lawyer.
- Gather evidence: Save text messages, emails, or any communication that may support your side.
- Contact an attorney immediately: The sooner you have legal counsel, the better your chances of achieving a favorable outcome will be.
Why Work With Silver Law Firm?
Silver Law Firm has extensive experience defending people accused of domestic violence throughout Santa Clara County. Our firm understands how emotionally charged these cases are and how to dismantle weak or exaggerated allegations.
When you work with Silver Law Firm, you get:
- Personalized defense strategies: Our firm tailors our legal approach based on the facts—not assumptions.
- Aggressive courtroom representation: Our team won’t hesitate to challenge inconsistent testimony or flawed police reports.
- Protection of your rights: From bail hearings to trial, our firm’s goal is to protect your freedom, reputation, and future.
When you hire a lawyer from Silver Law Firm, you get an experienced team of attorneys ready to fight for your rights.
Get Help From a Domestic Violence Lawyer in Milpitas
If you were accused of domestic violence in Milpitas, don’t wait to get legal help. The consequences of a conviction are too serious to face alone. A Milpitas domestic violence attorney from Silver Law Firm can guide you through the legal process, protect your rights, and fight for the best possible outcome.
Book a free consultation to start building your defense today.
Call or text (510) 995-0000 or complete a Free Case Evaluation form