California has specific laws addressing domestic violence, given the uniquely harmful nature of the crime. Offenders can face jail time, civil fines, and a loss of privileges. Domestic violence can also be a factor in a parent losing custody of children during divorce.
If you are currently facing criminal charges for domestic violence, you should speak to the Saratoga criminal defense lawyers at Silver Law Firm. We can defend you against accusations and manage your case in a way that respects your and your family’s privacy and dignity.
Contact our offices online to speak to a Saratoga domestic violence lawyer.
Why You Need a Lawyer When Facing Domestic Violence Charges
Facing domestic charges without a lawyer on your side exposes you to receiving the maximum possible punishment. A conviction can result in the loss of personal freedoms and can further harm familial relationships and your social reputation. When the stakes are high, you need an experienced attorney to defend your rights and interests.
The team at Silver Law Firm has over 35 years of combined experience in criminal defense and a passion for serving our clients. We will not rest until we have turned over every stone to secure a favorable resolution. We can investigate your case, interview eyewitnesses, and represent you at trial while providing general legal guidance.
The nature of domestic violence means that criminal proceedings can be fraught with emotions and tension. We can provide an objective and impartial perspective to facilitate the process as best as we can.
For a free legal consultation with a domestic violence lawyer serving Saratoga, call (510) 995-0000
How Does California Define Domestic Violence?
California Family Code 6211 defines domestic violence as abuse that is perpetrated against any of the following people:
- Spouse of former spouse
- Current or former cohabitant
- Current or former romantic partner
- A co-parent of a child
- A child
- A blood relative
In the context of California’s domestic violence laws, “abuse” means intentionally causing injury, sexual assault, or putting someone in a state where they reasonably fear injury.
It also covers behaviors like stalking, harassing, destroying personal property, and other behaviors that justify issuing an ex parte court order.
Saratoga Domestic Violence Lawyer Near Me (510) 995-0000
Penalties for Domestic Violence in Saratoga
As a wobbler offense, Domestic violence in California can carry misdemeanor or felony penalties, depending on the circumstances of the case.
A first-time domestic violence offense with no aggravating factors is typically charged as a misdemeanor, which can carry up to a year in prison and mandatory probation.
However, domestic violence can be charged as a felony offense, and severe violations can carry up to five years in a state prison and a fine of $10,000. Domestic violence is more likely to be charged as a felony if:
- The offender causes severe bodily injury
- The offender has prior convictions for domestic violence
- The domestic violence was sexual in nature
In addition to these criminal penalties, a domestic violence conviction can count against you during custody disputes. Courts are much more likely to revoke custody if one parent has a history of domestic violence, especially if it involves children. Felony offenders in California can also lose their right to own firearms.
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Common Defenses to Domestic Violence Charges
It can be hard to know what to do if you’re arrested for domestic violence, but a lawyer can take charge and start building your defense.
At Silver Law Firm, we don’t rely on one-size-fits-all strategies. Each domestic violence case is analyzed thoroughly to develop a plan tailored to the specific facts, evidence, and risks involved.
Below are some common strategies that have shown success at rebutting domestic violence charges:
- False allegations. Contentious divorce or custody disputes can cause one party to falsely accuse the other of domestic violence. A lawyer can cross-examine inconsistencies in the accuser’s account to unearth false allegations.
- Not domestic violence. Romantic partners and cohabitants sometimes get into heated arguments that don’t escalate to violence. A lawyer can argue that the behavior in question doesn’t count as abuse under California’s domestic violence laws.
- Self–defense. If you acted violently to protect yourself or another person from imminent harm, your attorney could argue self-defense as a mitigating factor to avoid criminal charges.
- Lack of intent. Domestic violence requires willful conduct and specific intent to cause harm. Possible defenses are that injuries were caused by a mutual struggle or happened by accident.
Every case is unique and requires an approach sensitive to the legal contours of the situation. We have extensive experience arguing domestic violence defenses in court and are confident in our ability to provide competent legal representation.
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Contact a Domestic Violence Lawyer in Saratoga
A domestic violence conviction can have a number of undesirable consequences and result in a truncation of your freedoms and privileges.
Silver Law Firm understands the stakes of your situation and can offer a legal response to aggressively defend your rights. We can counter the prosecution’s argument and, if necessary, explore options for lesser sentencing and reduced charges.
Contact our offices online or call today to speak to a Saratoga domestic violence lawyer. Your freedoms may hang in the balance, so don’t delay.
Call or text (510) 995-0000 or complete a Free Case Evaluation form