Domestic Violence Defense in Orange County
If you or your loved one has been arrested for domestic violence or has been served with a DV restraining order anywhere in Southern California, discussing the matter with one of our Orange County domestic violence lawyers can help you tremendously, even if you don’t retain our services. Of course, it is against the law to commit a battery or an assault against anyone, but, if a victim of abuse is your spouse, partner, or a parent of your child, it is considered more serious by law and the punishments are more severe as a result.
District attorneys treat these cases very seriously and almost every district attorney office in California has a special unit for which the goal is to prosecute and secure convictions for these cases. Charges often will still be filed even if a victim refuses to press charges. Furthermore, jail time is a common punishment in abuse cases, even if a defendant is a first-time offender.
Why Hiring an Experienced Lawyer is Especially Important
If you are convicted of a crime such as a domestic assault, domestic battery, child abuse or criminal threats in California, you may be sentenced to jail time of at least 30 days, mandatory abuse counseling, temporary restraining orders, high fines, or any other punishments outlined in California’s penal codes. Since the punishment for committing these crimes is quite severe, it is essential to have a qualified and experienced California Attorney representing your case as soon as possible.
How an Experienced Attorney Can Help You to Fight Your Charges
Sadly, more often than in years past, innocent people get charged with committing these crimes. Sometimes, an alleged victim makes false accusations of abuse because she or he is angry or jealous. Sometimes, what appears to be a violent crime was simply an accident. An experienced lawyer will help to evaluate your case and help you fight the charges in court. Often, if you hire an attorney at early stages of your case, he or she may be able to present the facts of your case to a prosecutor and be able to convince a prosecutor not to file criminal charges against you at all.
However, if your case goes to trial, a qualified attorney might help to lessen your charges, secure a plea bargain or help to avoid a jail time.
Our experienced Domestic Violence Defense Attorneys are among the top attorneys practicing in California. If you or anyone you know is facing these criminal charges in Orange, Riverside, Los Angeles, or San Diego County, we encourage you to call us to discuss how we can help to fight your domestic violence charges and get the best outcome for you. If you are afraid that your attorney bill might be too expensive, we offer a flat rate fee pricing structure, which means that you pay a fixed price for our legal services. With a flat rate fee you will never be charged for phone calls that you make to an attorney who represents your case and will never end up with any hidden fees on your bill.
Common Domestic Violence Offenses
Domestic violence laws in California are quite complicated. Serious cases are usually charged as felonies while less serious cases are often just charged as misdemeanors. Sometimes charges may be felonies at first but are later reduced to a misdemeanor. These situations are often called wobblers. An experienced California Defense Attorney may help to reduce your wobbler offense to a misdemeanor.
The most common offenses include the following:
Penal Code Section 273.5 Corporal Injury to a Spouse or Cohabitant. If you inflict a visible injury, even a very slight one, on your spouse, cohabitant or a parent of your child, you will be charged with PC Section 273.5. This crime is a wobbler and can be reduced to a misdemeanor if filed as a felony and if the injury is mild one or not serious enough to reach the degree of felony conduct.
Penal Code 243(e)(1) Domestic Battery. Penal Code 243 (e) (1) is considered a misdemeanor charge and does not require a victim to have a visible injury. You may be charged with a battery if you commit a battery on your spouse, cohabitant, a parent of your child, or your girlfriend/boyfriend.
Penal Code Section 245 Assault with a Deadly Weapon. This charge is not only limited to a domestic violence case. Penal Code Section 245 is considered one of the most serious assault offenses regardless of who the victim is. If a deadly weapon is used in an abuse incident, you may be charged with PC Section 245 and receive a harsh punishment of up to 9 years, depending largely upon the weapon used.
Penal Code 273d Child Abuse. According to child abuse laws, parents are allowed to discipline their kids and spank them occasionally. However, if you cause an injury to your child or your punishment methods are too “cruel or inhuman,” you may be charged with PC 273d.
Penal Code 273a Child Endangerment. If you endanger your child’s safety or health or the safety of any child in your care, you may be charged with Penal Code 273a crime.
Penal Code 368 Elder Abuse. It is a crime to inflict any abuse, including but not limited to, emotional, physical, endangerment and neglect, or any financial fraud on a victim of at least 65 years of age or older. Caregivers are often charged with Penal Code 368 crime.
If you are not an American citizen and have been charged with an abuse crime in California, it is highly recommended to have an attorney to represent you and help you fight the charges. If you fail to fight and get convicted for this offense, you might be deported or be denied naturalization in the future.
Regardless of your individual circumstance, our domestic violence lawy
Call (888) 250-2865 to obtain a free confidential case evaluation from one of our skilled lawyers today.