Dublin Domestic Violence Attorney

What are the Penalties for Domestic Violence in California? 

In California, the penalties for domestic violence can vary depending on the case's specific circumstances, the offense's severity, the defendant's criminal history, and other factors. Domestic violence is taken seriously, and the state has implemented laws to protect victims and hold offenders accountable. Here are some potential penalties for domestic violence offenses in California:

Misdemeanor Domestic Violence:

• Up to one year in county jail
• Fines up to $2,000
• Probation
• Mandatory completion of a batterer's intervention program
• A restraining order or protective order

Felony Domestic Violence:

• Imprisonment in state prison for up to several years, depending on the severity of the offense
• Higher fines, potentially reaching thousands of dollars
• Probation or parole
• Mandatory completion of a batterer's intervention program
• A restraining order or protective order

Enhanced Penalties:

• The penalties can be more severe if the defendant has prior convictions for domestic violence or related offenses.
• The use of a deadly weapon during the commission of domestic violence can lead to enhanced penalties.

If you are a teacher, nurse, pharmacist, pilot, realtor, or other career professional holding a professional license, your license may be revoked leading to a loss of employment. If you are a noncitizen, you may be subject to deportation, denial of a status upgrade or visa, or other immigration consequences. Finally, a conviction will result in a permanent criminal record which can hinder future employment, career advances, housing opportunities, and more.

Defenses to Domestic Violence Charges

When facing domestic violence charges in California, several defenses can be used to challenge the allegations. It's important to note that the viability of these defenses may vary depending on the case's specific circumstances. Here are some common defenses to domestic violence charges:

• Lack of Intent: The defendant may assert that their actions were not intended to cause harm or engage in abusive behavior.
• False Accusation: The defendant may argue that the alleged victim fabricated the accusations out of spite, revenge, or ulterior motives.
• Provocation: The defense might argue that the alleged victim's actions or behavior provoked the defendant, leading to an abusive or violent response.
• Mistaken Identity: The defense may argue that the defendant has been wrongly identified as the perpetrator and was not involved in the alleged incident.
• Insufficient Proof: The defense can challenge the prosecution's ability to meet the burden of proof required for a conviction, such as establishing the elements of the alleged offense beyond a reasonable doubt.
• Self-Defense: The defendant may claim that they acted in self-defense to protect themselves from imminent harm or the threat of harm. It must be shown that the force used was reasonable and necessary under the circumstances.
• Lack of Evidence: The defense can challenge the prosecution's evidence by questioning its credibility, reliability, or relevance. This can include witness testimonies, physical evidence, or inconsistencies in the prosecution's case.

It's important to consult with an experienced Dublin domestic violence attorney who can assess the specific circumstances of your case and determine the most appropriate defense strategy. They can guide you through the legal process and advocate for your rights, ensuring you receive a fair trial.

Contact Our Dublin Domestics Violence Lawyer Today 

When facing a domestic violence arrest, you need to fight back with a strong defense. At The Law Office of Christopher A. Lamiero, you can work one-on-one with an attorney who will handle your case from start to finish using all the knowledge, experience, and resources at his command. As a former prosecutor, Attorney Christopher Lamiero understands how the state works to put together its case against you and can use it to give you an effective and personalized legal defense.

Contact The Law Office of Christopher A. Lamiero today to schedule a FREE consultation with our domestic violence attorney in Dublin!