Domestic Violence

Dublin Domestic Violence Attorney

Defending Individuals Facing Domestic Violence Charges in Alameda County 

If you or someone you know has been arrested for some type of domestic violence crime in the Tri-Valley area, many aspects of your life may be at risk. Domestic violence cases often involve both criminal and civil legal actions. As a result, you could be facing serious criminal penalties along with a restraining order that can put you out of your home and drastically impact your life and family relations. Beyond this, you may end up with a permanent criminal record and the loss of any professional license or security clearance you hold pertaining to your career.

A domestic violence charge commonly begins with a 911 call to your home where police officers who respond must make an arrest when they suspect an incident has occurred. An arrest can be made based on the statements your accuser makes at time which can be false, misleading, or exaggerated. These cases often revolve around family and relationship problems stemming from breakups, divorce, child custody battles, and retaliatory behavior.

At such a life crisis, you owe it to yourself to take charge of your defense by finding competent and committed legal representation. At The Law Office of Christopher A. Lamiero, you can bring your case to a former prosecutor who has built valuable professional relationships throughout the legal industry and whose experience in criminal law spans decades. Our Dublin domestic violence attorney is known for the respect he commands and for the integrity he brings to every defense case undertaken.

Are you facing a domestic violence charge in California? Call The Law Office of Christopher A. Lamiero today at at (925) 259-3337 or contact us online to schedule a meeting with our domestic violence lawyer in Dublin! 

What Is Domestic Violence in California?

Domestic violence in California refers to a pattern of abusive behavior between individuals with close relationships. It encompasses various forms of abuse, such as physical, emotional, psychological, or sexual abuse. Domestic violence is not a single crime but a descriptive phrase for many offenses. It involves criminal behavior directed at someone with whom you have a close domestic, familial, or romantic relationship.

The following individuals can be affected by domestic violence:

  • Spouse or ex-spouse
  • Cohabitant (someone you live with)
  • Parent or child
  • Someone with whom you have had a child
  • Current or former dating partner or fiancé(e)

Types of Domestic Violence Crimes in California 

Crimes directed against these individuals can include:

  • Assault
  • Battery
  • Stalking
  • Criminal threats
  • Violation of a restraining order
  • Child abuse
  • Elder abuse
  • Child endangerment
  • Child neglect
  • Corporal injury
  • Damaging a phone line/device
  • Aggravated trespassing
  • Posting harmful information online
  • Distributing sexual photos of the alleged victim

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!