Westminster Domestic Violence Attorney
Have you been charged with domestic violence and must appear at the West Justice Center? It is never advised to think that the criminal justice system will work in your favor. You must protect your rights and your future by hiring an experienced Westminster domestic violence attorney. Attorney John D. Rogers is an accomplished Orange County criminal defense attorney and board-certified criminal law specialist. Obtaining board certification in criminal law is only held by a small number of criminal defense lawyers in California. Contact the Law Offices of John D. Rogers today if you or a loved one is charged with domestic violence at the Westminster Courthouse.
Overview of Domestic Violence Charges
In California, domestic violence is defined as abuse committed against an intimate partner, such as a spouse, partner, or family member. This can include physical, emotional, sexual, or financial abuse. If someone is charged with domestic violence, they may face criminal charges, such as assault or battery, as well as a restraining order violation.
For instance, what separates simple battery from domestic violence battery is the relationship the defendant holds with the alleged victim. Moreover, if the defendant is a current spouse, or former boyfriend/girlfriend, or family member, then the prosecution will charge the defendant with domestic battery. If the defendant has no familial or intimate relationship with the alleged victim, then the charge is a simple battery.
What are the Different Types of Domestic Violence Charges?
Under Penal Code 273.5(a), it is a crime to inflict a “corporal injury resulting in a traumatic condition” on an intimate partner. A “traumatic condition” is defined as any wound or injury that requires professional medical treatment. It can be a minor injury like a bruise, or scratch, or a major injury like a broken bone, or even death. The crime is classified as a “wobbler” which allows the prosecutor to charge a defendant with either a misdemeanor or felony.
Domestic battery, also known as spousal battery, is a criminal charge in California defined under Penal Code 243(e)(1). This charge refers to the act of unlawfully and intentionally touching an intimate partner in a harmful or offensive manner. Unlike Corporal Injury, this law does not require any injury or visible marks, and it can be charged in cases where the touching is not violent or severe.
To be convicted of domestic battery, the prosecution must prove that the accused intentionally and unlawfully touched the victim and that the victim was an intimate partner. An intimate partner can be defined as a current or former spouse, cohabitant, fiancé(e), or someone with whom the accused has had a dating or engagement relationship.
Restraining Order Violation
Penal Code 273.6 makes it a crime to intentionally and knowingly violate the terms of a restraining order. This can include but is not limited to going to a specific location that the restrained person is prohibited from going to, contacting the protected person in any way, or possessing a firearm.
What is the Punishment for Domestic Violence?
The penalties for a domestic violence conviction can include fines, jail time, and mandatory counseling. Additionally, a person convicted of domestic violence may be prohibited from owning firearms and may be required to attend a batterer’s treatment program. Furthermore, the court will issue a criminal protective order for up to 10 years that prohibits the defendant from contacting or being within a certain distance from the accuser.
If the alleged victim suffered great bodily injury, then the charge elevates to a strike offense and the defendant can face an additional 3 to 6 years in state prison.
Providing an Exceptional Defense for Domestic Violence
There are several potential defenses that a person charged with domestic violence may use in court. Some of these include:
If the accused can prove that they were acting in self-defense, they may be able to argue that they should not be held liable for the alleged domestic violence.
Sometimes people make false accusations of domestic violence in order to gain an advantage in a divorce, custody battle, or other legal dispute. If the accused can prove that the allegations are false, they may be able to avoid conviction.
Lack of evidence
In order to be convicted of domestic violence, the prosecution must prove their case beyond a reasonable doubt. If the accused can show that there is not enough evidence to support the allegations, they may be able to avoid conviction.
If the accused can prove that the alleged act of domestic violence was an accident, they may be able to avoid conviction.
Call an Experienced Westminster Domestic Violence Attorney
If you or someone you know has been accused of domestic violence in California, it is important to seek the help of an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you, the potential consequences, and your legal options. When the stakes are high, you need an experienced Westminster domestic violence attorney on your side. Call the Law Offices of John D. Rogers today to schedule a free confidential consultation.