Get the aggressive defense you need against assault charges by contacting a skilled Fresno criminal lawyer today.

Compassionate Defense

Defending Against Domestic Violence

Domestic violence charges combine intense emotional elements with complex legal problems. Having an experienced attorney ensures your rights are protected and that you have a knowledgeable advocate to build a strong defense.

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Compassionate Defense

Defending Against Domestic Violence

Domestic violence charges combine intense emotional elements with complex legal problems. Having an experienced attorney ensures your rights are protected and that you have a knowledgeable advocate to build a strong defense.

Schedule a Free Consultation

Compassionate Defense

Domestic Violence

Domestic violence charges combine intense emotional elements with complex legal problems. Having an experienced attorney ensures your rights are protected and that you have a knowledgeable advocate to build a strong defense.

Schedule a Free Consultation

Understanding Criminal Domestic Violence Charges

Being accused of domestic violence in California carries serious repercussions that can disrupt your life and future. These charges can lead to legal penalties, damage your reputation, limit your ability to visit loved ones, or even prevent you from owning a firearm. Whether the allegations stem from a misunderstanding, an argument, or false accusations, understanding your rights and building a strong defense is crucial. Seeking the guidance of an experienced domestic violence attorney can ensure you reach a favorable resolution.

What Constitutes Domestic Violence in California?

Under California law, domestic violence is not limited to physical harm but encompasses a range of conduct. Defined as abuse or violence against an intimate partner or family member, the legal system takes these accusations very seriously.

Domestic violence typically involves relationships such as:

Current or former spouses
People who live or have lived together
Those in a romantic or dating relationship
Individuals who share children
Immediate or blood relatives

Acts classified as abuse include:

Intentionally or recklessly causing bodily harm
Sexual assault
Threats that create fear of serious injury
Violating restraining or protective orders

An arrest for domestic violence is almost guaranteed whenever law enforcement identifies the "primary aggressor" during a domestic incident, even without corroborating evidence. This rapid response underscores the importance of retaining legal counsel immediately to ensure your side of the story is accurately represented.

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Types of Domestic Violence Charges

Domestic violence charges in California encompass a wide range of offenses, varying in severity based on factors such as the nature of the alleged harm, prior incidents, and the specific details of the case. Both misdemeanor and felony charges can be brought depending on the circumstances, with felony cases carrying more severe penalties such as longer prison terms and lifetime firearm restrictions. Below are some of the most common domestic violence-related charges and their descriptions:

Domestic Battery (Penal Code § 243): This charge involves harm or force against a current or former intimate partner. A visible injury is not required for the prosecution to pursue this charge.
Corporal Injury to a Spouse or Cohabitant (Penal Code § 273.5): Inflicting physical harm resulting in a traumatic condition on a cohabitant, spouse, or intimate partner. This charge can be filed as a misdemeanor or felony based on the extent of the injury.
Criminal Threats (Penal Code § 422): Making threats of harm intended to instill fear of imminent danger or violence in another person.
Violating Restraining Orders (Penal Code § 273.6): Disobeying enforceable protective orders issued to prevent contact with an alleged victim.
Assault with a Deadly Weapon (Penal Code § 245): Using or threatening to use an object capable of causing serious harm during a violent attack.
Child Abuse (Penal Code § 273): Committing acts of physical or emotional harm against a child.
Child Endangerment (Penal Code § 273a): Subjecting a child to harm or placing them in situations likely to cause injury or danger.
Damaging Phone Lines (Penal Code § 591): Cutting, destroying, or tampering with phone lines, typically to prevent a victim from seeking help during a domestic incident.
Annoying Phone Calls (Penal Code § 653m): Making threatening or harassing phone calls intended to disturb or intimidate the recipient.
Intimidating a Witness (Penal Code § 136): Preventing a witness or victim from reporting a crime or testifying in court.
Violating Court Orders (Penal Code § 166): Ignoring or failing to adhere to any lawful court order, such as conditions of bail or probation.
Violations of Probation: Failing to comply with the stipulated terms of your probation following a previous conviction.

Protect your rights and secure the best possible outcome with an experienced Fresno criminal lawyer for assault defense.

Facing assault charges in Fresno? Call a trusted criminal lawyer to start building your defense now.

Consequences of a Domestic Violence Conviction

Domestic violence charges, while distinct, can sometimes overlap, leading to having multiple accusations from the same incident. Convictions for domestic violence-related offenses carry significant penalties, including incarceration, fines, mandated intervention programs, and restrictions on professional and personal privileges.

Each case requires a tailored defense strategy to address the specific circumstances and legal challenges involved. If convicted, the penalties for domestic violence can be severe, extending well beyond jail sentences. Consequences include:

Jail or prison time, with harsher penalties for felony offenses
Mandatory attendance in a 52-week Batterer’s Intervention Program
Expensive fines and court fees
Restraining orders preventing contact with alleged victims
Loss of custody and visitation rights
Employment consequences, such as loss of professional licenses or security clearances
Immigration consequences, including risk of deportation or denial of citizenship
A permanent criminal record, which may affect housing and job opportunities

For those who rely on firearms for employment, a conviction can result in a lifetime federal ban on owning or possessing a firearm, even if the conviction is later expunged in California courts.

Defend Against Domestic Violence Allegations

Domestic violence cases are often complex, especially when the allegations are false or exaggerated. Prosecutors typically rely on police reports and treat the accuser's claims as factual, leaving defendants in a challenging position. Building an effective defense demands a detailed understanding of the relevant laws and a close examination of the incident's circumstances. Several strategies can be employed to counter domestic violence allegations.

Proving False Accusations

False allegations can arise for various reasons, such as jealousy, revenge, or disputes over child custody. Demonstrating that the accuser fabricated their claims is essential to discrediting their case. Your attorney may gather evidence to expose ulterior motives or inconsistencies in the accuser's statements, shedding light on the lack of truth in their allegations.

Lack of Evidence

Domestic violence cases often lean heavily on circumstantial or limited evidence. If there is no concrete proof, such as physical injuries, witness testimony, or other corroborating evidence, it weakens the prosecution’s case. Highlighting the absence of credible evidence can cast doubt and challenge the validity of the accusations.

Navigate the complexities of assault charges with confidence by hiring a knowledgeable Fresno criminal lawyer.

Self-Defense

If your actions were necessary to protect yourself or someone else from harm, this can serve as a valid defense. Demonstrating that you acted out of an immediate need for self-protection can help justify your behavior. This argument often relies on a detailed recounting of the events and may include any supporting evidence or witness testimony.

Consent

Certain incidents may involve a mutual understanding or agreement between the parties involved. If the accused can demonstrate that the contact or actions were consensual and mutually understood, it can serve as a defense. This may require evidence or testimony to clarify the nature of the relationship and the incident.

Police Misconduct or Errors

Unlawful arrests, exaggerated police reports, or other procedural errors can compromise the fairness of a case. Identifying misconduct or inaccuracies in how the police handled the situation can call the reliability of their findings into question. An experienced attorney may analyze police records and procedures to uncover issues that undermine the prosecution’s case.

Contact a Domestic Violence Lawyer

Domestic violence cases are emotionally charged and legally complex. With penalties that can lead to incarceration, loss of rights, and lifelong consequences, you cannot afford to face these allegations alone. Being accused of domestic violence charges should not be taken lightly because the government will not stop until you are convicted.

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. Our experienced domestic violence attorneys understand the complexities of these cases and are here to advocate for your rights. Whether you are dealing with false accusations, difficult custody disputes, or a first-time offense, we are committed to building a tailored defense strategy to defend you in court.

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Time is critical when fighting assault charges. Contact an experienced Fresno criminal lawyer today.

Contact a Domestic Violence Lawyer

Domestic violence cases are emotionally charged and legally complex. With penalties that can lead to incarceration, loss of rights, and lifelong consequences, you cannot afford to face these allegations alone. Being accused of domestic violence charges should not be taken lightly because the government will not stop until you are convicted.

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. Our experienced domestic violence attorneys understand the complexities of these cases and are here to advocate for your rights. Whether you are dealing with false accusations, difficult custody disputes, or a first-time offense, we are committed to building a tailored defense strategy to defend you in court.

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