Accusations of Domestic Violence Mean Arrest When Law Enforcement Arrives
Domestic violence charges can be devastatingly life changing. Whether or not the accusations of domestic violence are true, when law enforcement shows up on the scene of a reported situation, someone will be arrested and removed from the location. In California, domestic violence charges are treated seriously by the courts. Getting legal representation immediately is the best thing anyone can do to fight the charges to get them reduced or dismissed.
Domestic Violence Covers Broad Range of Relationships
Not only spouses, but dating and intimate relationships, family members, children, and roommates all fall under domestic violence. Therefore, an adult child may be accused of domestic violence against a parent, and a grandchild to a grandparent may also face domestic abuse charges if they use power and intimidation over the other. Domestic abuse is typically thought of as physical, but it is much broader than that alone. Abuse includes intimidation and threats relating to financial, emotional, psychological, sexual, and stalking (cyberstalking too). Any accusations of domestic violence will likely result in at least a temporary restraining order (commonly 30-60 days). If facing these charges, without a criminal defense attorney offering years of experience successfully fighting domestic abuse charges, the case is at risk of a heavier sentence and consequences.
What Is At Risk if Convicted of Domestic Violence?
If convicted of domestic violence charges in San Diego, the results are beyond devastating and have long-term effects on many areas of life, including family, housing, and employment. Any conviction will have criminal punishments, including fines, jail time, and often rehabilitation or measures to address concerns about patterned behaviors known to harm others. A significant consequence of being convicted of domestic abuse is losing child custody. The abuse does not have to involve the child, but these charges may cause the courts to order a child or children to be removed from the home for their protection. It is incredibly unfortunate when a child is required to go into the foster system due to a caretaker's sentencing. Accusations of domestic abuse alone can carry a heavy burden when trying to find employment. Whether it is fair or not, there is a stigma that goes with domestic abuse accusations, which can be a factor that prevents working with many companies.
Excellent Defense Lawyers Have Experience Fighting Domestic Violence Charges
An experienced criminal defense lawyer is skilled in cross-examination, finding inconsistencies and weaknesses in the prosecution's information. The goal is to get charges reduced to the minimum possible or, in some cases, dismissed. Some domestic violence cases are not domestic violence but can be an act of anger in a relationship going sideways. Often, the accusations are exaggerated, with only one perspective on the events. An excellent criminal defense attorney will get to the bottom of what actually happened and how to help the accused navigate these charges.
Misdemeanor v Felony Domestic Violence Charges
There are multiple things the court will consider when determining the severity of the charges and punishments when it comes to domestic violence charges in San Diego County. Misdemeanors carry lower fines and shorter jail sentences and have a higher probability of reduced charges and sometimes being dismissed altogether. In some first-time offenses, an experienced lawyer will plea to have rehabilitation, community service, and possible recurring payments to a domestic violence shelter in the community as part of the sentencing, avoiding heftier fines and jail time. If there are multiple convictions or the courts have a documented history of violence, the criminal defense attorney's job is to get the best possible outcome for the case. Whether this looks like lighter punishments or alternative sentencing, this is not something anyone facing domestic violence charges should attempt to do without legal representation. The difference between a misdemeanor and felony charges is more significant than most think, and fighting to have the minimal charges and consequences is worth finding a professional attorney to help.
It is essential to consult and hire an experienced lawyer who has helped other domestic abuse defendants in these cases, so any unfounded evidence is omitted entirely. The way information is presented to the judge and courts must be solid and favorable, and trying to do this on one's own is challenging and stressful without the best possible outcome.
Minimizing consequences, focusing on only admissible evidence and testimonials, and ensuring no unnecessary or irrelevant information is presented to the courts for consideration. Experienced lawyers know how to counter-argue the prosecution and provide the courts with evidence on the defendant's behalf. Fighting criminal charges of domestic violence is a specialized area, so find a local attorney who has successfully helped clients in similar situations previously. Any reputable criminal defense attorney will offer a free consultation, listen to the case's specifics, and provide the next steps of action if retained for representation. Facing domestic violence charges is damaging enough, so do not skip hiring legal help to fight by your side through all the paperwork, court dates, and deadlines throughout the process.
If you are on the fence about hiring a defense attorney, stop thinking about it, and do it now
Hiring a criminal defense attorney like Joni Eisenstein can help you go from a place of uncertainty to freedom.