Newport Beach Domestic Violence Lawyer
Have you been arrested or charged with a domestic violence offense? If so, then this requires immediate intervention from a reputable and experienced Newport Beach domestic violence lawyer. Just because you were arrested does mean you have to appear before a judge and become a member of the criminal justice system. Our office takes direct and immediate steps to deflect the case at its inception so that it never reaches the inside of a courtroom. Let our office help you avoid the social stigma of being labeled as a domestic abuser. Just because you were arrested does not mean you’re guilty of any crime.
Overview of Domestic Violence in California
California has a history of the toughest laws against domestic violence in the United States. And certain revisions in the law are growing to increase the penalties for those who stand convicted. A sentence typically includes a years-worth of anger management, domestic violence counseling, and even jail time. Because of the life changing consequences, retaining the right domestic violence attorney can be one of the most important decisions you make.
In addition, the prosecution holds the absolute power to drop the charges against you despite the alleged victim being desirous not to press charges. Domestic violence charges can result even if the purported victim does not have any visible signs of injury. Accordingly, an arrest makes even a first-time offender part of the criminal justice system and face a potential jail sentence.
Crimes are characterized as domestic violence when the alleged victim shares a familial or living relationship with the accused. Moreover, the accuser may be the defendant’s parent, spouse, family member, relationship partner, or roommate.
Retaining a domestic violence attorney in Newport Beach at the initial stages of the case will help increase the chances of stopping it from prosecution. We can investigate the facts, question witnesses, and obtain evidence the police never collected. Early intervention also allows us to contact the prosecutor in an effort to convince them not to file charges. There are several subjects we can argue to get your case rejected, including but not limited to insufficient evidence, credibility concerns of your accuser, your good moral character in the community, or perhaps disclose newly discovered exculpatory evidence the police never obtained.
It is very common for an officer to misinterpret the situation and arrest the wrong party. But don’t make the mistake of thinking that because you didn’t actually commit an act of domestic violence, the California justice system will recognize that. Do not leave your future and freedom up to chance. Contact Newport Beach criminal defense attorney John D. Rogers now to intervene in your case.
Defenses to California Domestic Violence Charges
- Self-Defense: The law allows someone to act in self-defense to prevent unreasonable risk of injury to themselves or another. It is applicable regardless of the aggressors sex or size. Additionally, there is no requirement that a person retreat when faced with a threat of force, and a defendant can freely stand their ground to defend themselves or others from harm.
- Accident: Domestic violence offenses require you to act with a specific purpose. Moreover, the law holds that if a person causes injury or damages based on an accident or through misfortune, then no crime was committed.
- Falsely Accused: False accusations are common and often motivated by financial gain, child custody, or simply revenge. It’s unfortunately common for a party to fabricate charges and manipulate the criminal justice system against an innocent person. Our domestic violence attorney’s do not tolerate this conduct are we are prepared to defend anyone who is being held liable under these circumstances.
Domestic Violence Penalties
Most domestic violence charges can be filed as a felony or misdemeanor. Misdemeanor convictions carry between 6 months to 1 year in the county jail. A felony conviction generally carries a maximum sentence between 3 and 4 years in state prison. If you are placed on probation, then the law requires you to complete a 52-week domestic violence counseling course and pay heavy fines. In addition to a potential jail sentence, the court may impose a criminal protective order prohibiting all contact with your accuser for up to 10 years.
Regardless of whether you’re convicted of a misdemeanor or felony, a conviction carries consequences that will follow you for the rest of your life. A domestic violence conviction will remain a matter of public record, potentially impacting visitation or keeping custody of your children, adverse immigration consequences, affect occupational or professional licenses, and prohibit you from owning or possessing a firearm for life.
Contact an Experienced Newport Beach Domestic Violence Lawyer
Every domestic violence case is different and the circumstance can make you feel alienated in the pursuit of addressing this matter. Contacting an experienced Newport Beach domestic violence lawyer at the Law Offices of John D. Rogers we will provide you with reassuring counsel so that you never feel alone in your situation. Give us a call to schedule a free confidential consultation and allow us to help you with your domestic violence case so you can get your life back on track. Never accept the fact that you’re guilty because you’ve been arrested. Schedule a consultation with us and speak with an attorney today.
 Our office is in Newport Beach, but we also serve the following localities: San Diego, San Bernardino, Riverside, Indio, Palm Springs, Los Angeles, Hollywood, Beverly Hills, Santa Monica, San Fernando, Van Nuys, Malibu, Marina del Rey, Pasadena, Alhambra, El Monte, Pomona, San Gabriel, Torrance, Manhattan Beach, Hermosa Beach, Redondo Beach, Culver City, Compton, Downey, Norwalk, Long Beach, Burbank, Glendale, West Covina, Ventura, Woodland Hills, Encino, Sherman Oaks, West Hollywood, Baldwin Park, Bell Gardens.