Artesia Domestic Violence Lawyer

Artesia Domestic Violence Attorney

The mere accusation that you committed domestic violence can have implications for your personal life and professional career. Beyond the societal stigma associated with people who abuse family members and intimate partners, there’s the reality that California’s criminal laws are unforgiving for anyone convicted of this type of crime. Defendants can rely on the services of an Artesia domestic violence lawyer to fight the charges and restore their reputation.

Choosing the right legal representation is crucial when your future and reputation are in danger. At Gibbons & Gibbons, we have decades of experience, a compassionate approach, and an unwavering commitment to defending our clients against serious charges.

Why Choose Us?

Even first-time offenders face potential jail or prison time if they are convicted of committing domestic violence. A domestic violence conviction would also lead to consequences long after the court-imposed penalties are fulfilled. Finding work or even rental housing may be challenging, which is why fighting your charges is so critical for your future.

At Gibbons & Gibbons, we have helped many satisfied former clients achieve favorable outcomes for their domestic violence charges. Victims of domestic violence may be motivated by personal reasons rather than a sincere desire for justice. Trust us to provide the dedicated advocacy you need to navigate this challenging time and work toward a favorable result for your case.

Criminal Penalties for Domestic Violence

California imposes strict penalties for domestic violence offenses. Domestic battery, addressed under Penal Code § 243(e)(1), involves the use of force or violence against an intimate partner. This includes current or former spouses, cohabitants, fiancés, or individuals with whom the accused shares a child. Domestic battery does not require visible injury. It is typically charged as a misdemeanor that is punishable by time in jail and fines.

For more severe cases, Penal Code § 273.5 covers corporal injury to a spouse or cohabitant where willful infliction of physical harm causes a traumatic condition. This offense can be charged as a misdemeanor or felony, depending on the extent of the injury and the defendant’s criminal history. Convictions can result in imprisonment and significant fines.

Penal Code § 13700 broadly defines domestic violence. The law covers acts of intentional harm and threats of harm that instill a reasonable fear of injury. California’s laws are designed to protect victims and hold offenders accountable, with penalties that reflect the severity of the offense.

Defense Strategies for Defendants Facing Domestic Violence Charges

Defending against domestic violence charges requires a thorough understanding of the law and a strategic approach to weakening the prosecution’s case. One effective defense strategy is to argue that the prosecution lacks sufficient evidence to move forward with your case. The prosecution has the burden of proving guilt beyond a reasonable doubt, and weak cases could lead to reduced or dropped charges.

Another strategy applies to false allegations. In some cases, accusations may stem from motives like revenge, custody battles, or jealousy. Evidence such as text messages, witness testimonies, or inconsistencies in the accuser’s story can prove that the claims are unfounded.

Self-defense is another viable defense strategy that can lead to favorable outcomes in court. If the defendant acted to protect themselves or someone else from imminent harm, that could justify their actions. Challenging procedural errors, such as improper police conduct or mishandling of evidence, may also weaken the prosecution’s case.

FAQs

How Do I Get a Domestic Violence Case Dismissed in California?

To get a domestic violence case dismissed in California, you may challenge the evidence, prove self-defense, or demonstrate insufficient probable cause for your arrest. Working with an experienced attorney is crucial for navigating legal complexities, negotiating with prosecutors, and identifying weaknesses in the case to seek a dismissal or reduced charges.

What Is the New Law on Domestic Violence in California?

California’s new domestic violence laws enhance protections for victims and survivors. They expand access to restraining orders, create a restitution fund for financial support, and extend the statute of limitations for reporting abuse.

The new laws also address tracking by abusers, improve justice for domestic homicide victims, and combat financial abuse. These measures aim to safeguard victims, rebuild lives, and prevent further harm while holding abusers accountable for their actions.

What Happens in a Domestic Violence Case in California?

In a California domestic violence case, the accused may be arrested and charged with domestic violence if law enforcement finds probable cause. During arraignment, the charges are read to the defendant, and they have the option of pleading guilty or not guilty. Under state law, prosecutors may proceed regardless of whether the victim chooses to press charges or not. Penalties can include jail time, fines, and mandatory counseling if convicted.

How Do I Prove Domestic Violence in Court in CA?

To prove domestic violence in court in California, hiring an experienced attorney is essential. A knowledgeable lawyer can gather and present evidence, like witness statements, medical records, and other supporting documentation. They can also develop a strategy to effectively present your case while protecting your rights throughout the legal process.

How Long Does Domestic Violence Stay on Your Record in Artesia, CA?

In Artesia, CA, a domestic violence conviction typically stays on your record permanently. Expungement may be possible for certain misdemeanor cases if you meet the eligibility requirements, such as completing probation. However, felony convictions are harder to remove. Consulting an attorney can allow you to explore options for clearing your record.

Schedule Your Artesia Domestic Violence Consultation Today

Domestic violence charges are unique in that the victim personally knows their assailant. Often, there are interpersonal conflicts that lead to the decision by one party to press charges. These conflicts can create opportunities for defense attorneys to explore, along with other viable legal defense strategies.

Gibbons & Gibbons focuses on criminal law, so we’re well-versed in the state’s varying domestic violence laws. We also understand how to effectively fight domestic violence charges by getting your side of the story across in court and independently scrutinizing the evidence being used against you. To schedule your consultation, contact our office today.