What Are The Penalties For A Domestic Violence Conviction In California?
The penalties for a domestic violence conviction in California depend on whether a charge is a misdemeanor or a felony. In misdemeanor cases in California, the maximum punishment is one year in county jail. However, if it is charged as a felony, there is the potential for an individual to be sent to state prison. State prison is typically any jail term that exceeds one year.
Does An Alleged Victim Need To Be Injured For Domestic Violence Charges To Be Brought?
An alleged victim does not necessarily have to be injured for domestic violence charges to be brought. Cases can be filed simply by someone pushing or shoving another person and none of that necessarily has to leave a mark.
If The Alleged Victim Changes His Or Her Story After Charges Are Filed And Does Not Want Charges Pressed Against Me In The Domestic Violence Case, Does That Mean The Case Will Go Away?
If the alleged victim changes his or her story after charges are filed and does not want charges pressed against an individual in a domestic violence case, it does not mean the case will go away. It is rarely a driving force in terms of whether or not the prosecutor files charges or dismisses a case. Typically, it is very common for a victim to change their story. The victims probably change their story in over 90 percent of the cases once they see their loved one or significant other being taken away in handcuffs. Many times the story will change, and if not, maybe the next day after they have had a night to reflect on the situation, they will either recant their story or try to contact the police to tell them why they fabricated the story in the first place. Unfortunately, this does not necessarily indicate whether or not the charges will be dismissed.
What Exactly Should I Do Once Domestic Violence Charges Are Filed Against Me?
As with any other charge, someone with a domestic violence charge should immediately contact an attorney. Domestic violence charges are serious and can impact an individual in numerous ancillary ways; one of which is being able to possess a weapon in the future. If someone is convicted of domestic violence charges, whether it is a misdemeanor or a felony, they are typically prohibited from owning a weapon for the rest of their lives. Having a domestic violence charge on your record is simply not a good thing and something no one wants to have.
What Strategies Can Be Used To Defend Clients In Domestic Violence Cases?
There are a number of strategies that can be used to defend clients in domestic violence cases. Many times they are he-said she-said or simply put come down to the credibility of the individual parties. Most cases typically become a case of character assassination on the other party. A strategy is to show the worse side of the other party or do your best to show that the other party is either lying or simply not credible and the story is not believable. Self-defense is absolutely a viable defense. In practice, it is typically very difficult for the male to use a self-defense claim against a female. However, it absolutely is a viable defense when the facts support it.
Why Is It Absolutely Necessary To Have a Criminal Defense Attorney Who Has Specific Experience Defending Domestic Violence Clients To Take My Case?
It is important to have a criminal defense attorney that has extensive experience in domestic violence cases for a number of reasons. First, an individual needs an attorney who is experienced at cross-examining victims of domestic violence and an attorney who has experience investigating those who accuse others of domestic violence. Also, the prosecutor typically attempts to introduce expert testimony in most domestic violence cases. An individual needs a criminal defense attorney who is experienced in cross-examining those experts if and when the time becomes necessary.
For more information on Penalties For Domestic Violence Conviction, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (619) 383-2931 today.