Have you been accused of domestic violence? A domestic violence conviction can impact virtually every aspect of your life, from your career and finances to your personal reputation. If you’re currently facing accusations of domestic violence, you need a Sunnyvale criminal defense lawyer to protect your rights and interests.
Silver Law Firm has served over 10,000 clients, and our team has over 35 years of combined legal experience. We are trial-tested attorneys who are unafraid to defend our clients through whatever strategy is viable. We can defend you from accusations and work to mitigate the worst outcomes of a conviction.
Contact us online today to discuss your case with a Sunnyvale domestic violence lawyer.
Why You Need a Criminal Defense Lawyer
You need a criminal defense lawyer to help you through the legal process and protect your rights. Domestic violence investigations and court proceedings often involve sensitive personal issues and intense conflict. A defense lawyer can manage your case and keep an objective and impartial stance.
More specifically, a lawyer can:
- Gather evidence to show your innocence
- Advise you during police questioning
- Represent you at pre-trial hearings
- Cross-examine witnesses
- Negotiate plea agreements with the prosecution
- Defend you at trial
- Provide general legal advice and guidance
Many of our clients think that hiring a defense lawyer is tantamount to a tacit admission of guilt, but this is not true. You are always entitled to a lawyer when accused of committing a crime. A lawyer will help you navigate your circumstances and seek the most favorable outcome available under the law.
For a free legal consultation with a domestic violence lawyer serving Sunnyvale, call (510) 995-0000
How Is Domestic Violence Defined in California?
CA Family Code 6211 defines domestic violence as any act that is a dangerous crime committed against a spouse, romantic partner, relative, household member, or co-parent. In other words, a person commits domestic violence when they commit violence against somebody with a familial relationship with them. Criminal acts that could be considered domestic violence include:
- Assault and battery
- Stalking
- Harassment
- Coercion
When committed against a stranger, these are just regular crimes. Domestic violence is not so much a separate crime but an enhanced charge that can be affixed to any violent crime committed against a family or household member.
Sunnyvale Domestic Violence Lawyer Near Me (510) 995-0000
Criminal Penalties for Domestic Violence Charges in Sunnyvale
Domestic violence can be charged as a misdemeanor or felony offense, depending on the nature of the underlying offense. Assault causing serious injury may be charged as a felony, while stalking may only be charged as a misdemeanor. More generally, those with criminal convictions can find it harder to maintain employment or find housing.
Domestic violence offenders may also lose their firearm rights. When investigating domestic violence incidents, police may be able to temporarily seize firearms if they believe the firearm poses a risk to the purported victim. A conviction under California’s domestic violence laws can result in the offender losing their right to own a gun, regardless of whether it’s a misdemeanor or felony.
In addition to the above, domestic violence is a consideration during child custody decisions. If you are convicted of domestic violence, you can lose custody or visitation rights to your children. These penalties are severe and far-reaching, but a Sunnyvale domestic violence lawyer can run a defense and look for alternatives to sentencing and punishment.
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Defense Strategies Against Accusations of Domestic Violence
Below are some of the most effective legal strategies we can use to defend you against accusations of domestic violence:
- False accusations. False accusations of domestic violence can happen, especially in high-tension situations like divorce or child custody disputes. Accusations may be due to mistaken identity in a chaotic household.
- Insufficient evidence. Prosecutors must prove the guilt of defendants beyond a reasonable doubt. As such, an effective general strategy is arguing against the strength of the prosecution’s evidence.
- Not domestic violence. Couples and household members sometimes get into heated arguments and fights without it being domestic violence.
- Accidental injury. Any injuries or harm might have been unintentional or the result of an accident.
- Mutual aggression. It’s possible to avoid a domestic violence conviction if you prove that both parties were engaged in mutual combat, not one-sided aggression.
- Self-defense. If you engage in violence to protect yourself or others from an imminent threat of harm, then you may not be guilty of domestic violence.
- Constitutional violations. Your lawyer can petition to have your case dropped or charges reduced if the police violated your rights during investigations or when arresting you.
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Contact a Domestic Violence Lawyer in Sunnyvale
A domestic violence conviction can have numerous undesirable impacts on your familial and professional life, so it’s important to consult with an attorney on your options. A lawyer from Silver Law Firm can defend you against accusations and work to avoid the worst consequences of a conviction. A lawyer from our firm can also help with post-conviction relief, like reinstating firearms privileges.
Contact our offices online or call today to speak to a domestic violence lawyer in Sunnyvale. Time is of the essence in domestic violence, so don’t delay.
Call or text (510) 995-0000 or complete a Free Case Evaluation form