Criminal Domestic Violence Charges

Domestic violence laws in California have increased over the years. As a result, it is important to understand the domestic abuse statutes in order to properly defend against these charges when you are facing charges for domestic violence in Fresno.

There are always two sides to a domestic violence case and it is important to tell your side when facing domestic violence charges. In most cases, the police report is not in your favor and your side was not included when the Fresno district attorney filed criminal domestic violence charges against you. If you have a domestic violence charge, call immediately to discuss your case with a free consultation.

What is Domestic Violence?

California police departments have policies in place that require the officer to arrest if there is a domestic disturbance. Fresno Police officers will arrest the person they determine to be the “aggressor”, even where no physical evidence exists to substantiate the domestic violence accusation. In fact, the Clovis Police department makes it a policy to make an arrest.

Once domestic violence charges are filed, the criminal courts are unsympathetic to the plight of the defendant. The judge will assume all the charges are true, especially when it comes to bail. If the defendant is unable to post the substantial bail, the defendant will remain in custody awaiting trial. 

Even with the overcrowded conditions in the local jails, anyone accused of domestic violence will not be released from custody for overcrowding. By retaining a domestic violence criminal lawyer, you can make sure your voice will be heard. The judges will be forced to rule accordingly when it comes to being released from jail on domestic violence charges.

Accused Of Domestic Violence?

Domestic violence cases can be brought against anyone in a present or past relationship with another person.

Domestic violence cases involve physical violence, threatened violence, and mental or verbal abuse in the following relationships:

  • Married Couples
  • Cohabiting Couples
  • Divorced individuals.
  • Persons who have a child or children in common
  • Persons currently or formally in a dating relationship

The alleged victim does not always want to prosecute the case, but it is very difficult for the victim to drop charges. The district attorney will proceed in prosecuting the domestic violence case even when the victim does not want to testify. Because the crime is against the state and not the alleged victim, the district attorney does not have to listen to the victim’s wishes.

Domestic Violence Charges​

Domestic violence charges are the easiest criminal accusations to make, yet some of the hardest criminal charges to defend against in court.

In California, domestic violence cases may be filed criminally as felony or misdemeanor charges. In Fresno, the criminal complaint might allege domestic battery, domestic assault, or criminal threats, battery with great bodily injury, or even assault with a deadly weapon.

Felony domestic violence charges will be filed if the injury is severe, you have multiple domestic violence incidences, or you use a weapon. Misdemeanor domestic violence cases typically involve little or no injury to the battered victim. However, each carry serious consequences and are taken seriously by the court and prosecutors.

Types of Domestic Violence Cases

There are numerous criminal violations that the prosecutor can bring against you, but here are some of the most common domestic violence allegations:

  • Domestic Violence – Penal Code section 273.5
  • Domestic Battery – Penal Code section 243
  • Battery – Penal Code section 242
  • Assault with a Deadly Weapon– Penal Code section 245
  • Child Abuse– Penal Code section 273
  • Child Endangerment–Penal Code section 273(a)
  • Corporal Injury to a Spouse or Cohabitant– Penal Code section 273.5, 243
  • Criminal Threats– Penal Code section 422
  • Damaging Phone Lines–Penal Code section 653
  • Annoying Phone Calls– Penal Code section 653
  • Intimidating a Witness– Penal Code section 136
  • Violating Court Order– Penal Code section 166
  • Restraining Order–Penal Code section 273.6
  • Violations of Probation

Domestic Violence Consequences

If you are convicted of a domestic violence charge in California, you can receive a jail sentence, prison, fines, court and legal fees, community service, restitution, and you will be required to attend a mandatory 52 week Batterer’s Treatment Program in Fresno.

In most cases, a restraining order will be issued. You may also have to move out of your home and find a new place to live or face violation of the protective order or violation of probation. This can lead to additional punishment, especially if you are on bail at the time of the violation of the restraining order.

If you are not a United States citizen, a conviction of a criminal offense involving domestic violence creates the risk of deportation, denial of naturalization, exclusion from admission or readmission to the United States, and denial of the issuance or extension of a Work Visa. Once you are convicted of any domestic violence crime, you will likely have immigration consequences if you are sentenced, even when probation is granted.

Anyone arrested for domestic assault or domestic battery that holds a professional license or security clearances are at risk of having their license or clearances taken away if they are convicted. These can be especially problematic if your profession requires you to handle a firearm.

If you own a firearm or carry a firearm for your job, you may be barred from owning or possessing a firearm for ten years. In some cases, the ban can be for life, which is due to federal regulations. Even if your criminal record is expunged in California, the federal regulations will still apply and you will not be able to purchase or retain a firearm.

Domestic violence case in Fresno results in jail without a domestic violence lawyer
Fresno domestic violence cases can result in jail, programs, and fines. Get help from a qualified domestic violence lawyer.

Contact a Domestic Violence Lawyer

There are always two sides to a domestic violence case and it is important to tell your side when facing domestic violence charges in Fresno. In most cases, the police report is not in your favor and your side was not included when the Fresno district attorney filed criminal domestic violence charges against you.

Innocent defendants are wrongly accused of domestic violence all the time, so do not take chances by failing to contact a domestic violence lawyer immediately. Even if you are guilty of the all the charges against you, do not voluntarily plead guilty to domestic violence without discussing your case with a criminal lawyer.

Being accused of domestic violence charges should not be taken lightly because the government will not stop until you are convicted. Your only shot of walking away without a conviction is by retaining legal representation that knows how to defend these criminal charges. Call or complete our online form and you will receive a free confidential consultation to discuss your domestic violence case.