If you were accused of domestic violence, your reputation, freedom, and relationships are all at stake. A Monte Sereno criminal defense lawyer can help protect them.
California law treats domestic violence seriously, and prosecutors are often aggressive about pursuing convictions, even in cases built on shaky evidence. A domestic violence lawyer serving Monte Sereno from the Silver Law Firm can defend your rights and help fight your charges.
How Domestic Violence Is Defined in Monte Sereno
In California, “domestic violence” doesn’t just refer to hitting a spouse or partner. It covers a wide range of conduct involving harm (or alleged harm) against someone with whom you have an intimate or familial relationship. Domestic violence charges can arise from accusations of:
- Physical abuse: This includes striking, shoving, or restraining another person in a way that causes injury or pain.
- Threats or intimidation: Even without physical contact, making credible threats of harm can lead to a domestic violence charge.
- Emotional or psychological abuse: Repeated verbal abuse, humiliation, or controlling behavior can be cited as evidence of domestic violence.
- Destruction of property: Breaking a partner’s belongings during an argument can be treated as a form of intimidation or coercion.
For a free legal consultation with a domestic violence lawyer serving Monte Sereno, call (510) 995-0000
Penalties for Domestic Violence in California
Domestic violence convictions in California carry serious consequences, which can include:
- Jail or prison time: Misdemeanor convictions may result in up to 1 year in county jail, while felonies can carry 2 to 4 years in state prison.
- Fines: A conviction can lead to thousands of dollars in fines.
- Probation: Courts often impose 3 to 5 years of probation.
- Mandatory counseling: Offenders are usually required to complete a 52-week batterer’s intervention program.
- Restraining orders: Convictions often include orders that prohibit contact with the alleged victim and restrict access to shared residences.
- Loss of firearm rights: Felony convictions can result in the permanent loss of firearm rights and create a lasting criminal record.
Factors such as prior convictions, use of weapons, severity of injuries, and violations of protective orders can increase penalties. A domestic violence lawyer in Monte Sereno can help minimize the consequences of your charges.
Monte Sereno Domestic Violence Lawyer Near Me (510) 995-0000
Effective Legal Defenses in Domestic Violence Cases
No two domestic violence cases are alike. Some of the most effective defenses in domestic violence cases include:
- Self–defense: You may have acted to protect yourself or someone else from harm.
- False allegations: Disputes over child custody, jealousy, or revenge often lead to fabricated accusations.
- Lack of evidence: If there are no visible injuries, witnesses, or credible proof, prosecutors may struggle to meet the burden of proof.
- Accidental injury: Not every injury results from intentional violence. In some cases, accidents are misinterpreted as abuse.
A domestic violence attorney in Monte Sereno will analyze your case and develop a personalized defense.
Click to contact our Monte Sereno Criminal Defense Lawyers today
How the Criminal Defense Process Works
After a domestic violence arrest in Monte Sereno, your case will likely proceed as follows:
- Arraignment: You will be formally charged and enter a plea of guilty, not guilty, or no contest.
- Pre–trial phase: Your lawyer will gather evidence, file motions to suppress illegally obtained evidence, and negotiate with prosecutors.
- Plea bargaining: Many domestic violence cases can be resolved with reduced charges or diversion programs that avoid jail time.
- Trial: If a fair resolution can’t be reached, your attorney will present your case before a judge or jury and challenge the prosecution’s version of events.
Hiring an experienced domestic violence lawyer early in this process can make the difference between a dismissal and a conviction.
Complete a Free Case Evaluation form now
What Happens if Someone Makes a False Accusation?
Unfortunately, false allegations of domestic violence are more common than most people realize. These accusations often arise in emotionally charged situations, such as breakups, custody battles, or disputes over finances. Common motives for false accusations include:
- Gaining an advantage in family court: A restraining order or criminal charge can influence custody and divorce proceedings.
- Retaliation or revenge: An angry partner may fabricate claims to damage your reputation or get you arrested.
- Misunderstandings or exaggeration: Heated arguments can be misinterpreted as violence by neighbors or police.
- Mental health or substance issues: Sometimes, an accuser’s impaired state affects their perception of what happened.
At Silver Law Firm, we take false allegations seriously. If you are the target of one, we will dig deep into available evidence to expose inconsistencies in the accuser’s story.
What to Do if You Have Been Accused of Domestic Violence
If you have been accused of domestic violence (or if you suspect an accusation is coming), it’s important to:
- Avoid contacting your accuser: Even a simple text message can violate a restraining order and lead to new charges.
- Stay silent: Anything you say to the police can and will be used against you. Politely ask for a lawyer before speaking to them.
- Preserve evidence: Save messages, emails, or social media posts that show your side of the story.
- Hire a lawyer: The earlier your attorney gets involved, the more leverage you will have in negotiating with prosecutors.
Silver Law Firm’s team can step in quickly to protect your rights, handle all communication with law enforcement, and build a strong defense strategy.
Silver Law Firm Also Represents Victims of Domestic Violence
In addition to defending those accused of domestic violence, Silver Law Firm also provides compassionate legal support for victims who need protection. If you have been abused or threatened, we can help you file restraining orders, report the incident to law enforcement, and stay safe throughout the legal process.
Get Help from Our Domestic Violence Lawyers in Monte Sereno
A domestic violence accusation can turn your life upside down, but it doesn’t have to define your future. A domestic violence attorney serving Monte Sereno from Silver Law Firm can protect your reputation, defend your rights, and provide the aggressive defense you need to take control of your case.
Schedule a free consultation to get legal help today.
Call or text (510) 995-0000 or complete a Free Case Evaluation form