Bellflower Domestic Violence Lawyer

Due to the serious nature of domestic violence allegations, law enforcement agencies often prioritize the claims of the alleged victim. Unfortunately, this can sometimes lead to wrongful accusations. To protect your rights and navigate the legal process, you need a skilled Bellflower domestic violence lawyer to support your defense and ensure a fair outcome.

Domestic Violence in California

Domestic violence charges in California often arise within family law matters, including divorce or child custody disputes, but it is not limited to that. It is generally defined as any act of physical violence, threatened violence, or abuse that occurs within personal relationships, including:

• Married couples
• Cohabitating couples
• Parent-child relationships
• Former spouses or partners
• Current or former dating partners

Domestic violence encompasses a wide range of offenses, and any violent or threatening act, even if not intended to cause harm, can lead to prosecution. Examples of behaviors that may constitute domestic violence include:

• Threats and intimidation
• Harassing phone calls
• Stalking
• Physical abuse, such as hitting, slapping, punching, pushing, etc.
• Sexual abuse, such as unwanted touching, forced sexual acts, etc.
• Verbal and emotional abuse, such as constant criticism or name-calling.
• Financial abuse, such as withholding money or preventing employment.
• Social abuse, such as isolation and invasion of privacy.
• Child abuse or endangerment

Domestic Violence Penalties in California

Domestic violence in California is governed by Penal Code 273.5. Most situations of domestic violence are charged as a misdemeanor offense but can be elevated to a felony charge if the harm was done to a minor, there was bodily injury done to the victim, sexual assault, or the accused has prior convictions for domestic violence or other crimes.

If you’re facing domestic violence charges, you could be charged with one of two primary offenses:

• Corporal Injury to a Spouse or Cohabitant

This is a felony charge that applies when there are direct injuries. Emotional distress alone is not feasible. The prosecution must prove that the accused intended to inflict injury upon the alleged victim.

• Spousal Battery

A misdemeanor charge, spousal battery, occurs when the accused is proven to have used wilful and unlawful violence against a spouse or cohabitant. Visible injuries are not required for a conviction.

Penalties You May Face

If you are convicted of a felony domestic violence charge in Bellflower, CA, you could face up to four years in state prison. Additionally, you would be required to participate in a mandatory domestic violence class.

Enhanced penalties may also apply if you have prior convictions within the past seven years. In these cases, you could face up to five years in prison and a $10,000 fine. Severe bodily injury to the victim may result in additional, consecutive prison sentences.

If you are convicted of a misdemeanor, you could face up to one year in county jail and a fine of up to $2,000.

Potential Defenses Against a Domestic Violence Charge

An attorney may employ different strategies to defend against domestic violence strategies, usually depending on the specific circumstances of each case. Some common strategies include:

Self-Defense

This defense is commonly used when the accused uses force to protect themselves or another person from imminent danger. For example, if the alleged victim attacked the accused with a weapon and the accused acted to defend themselves, a self-defense claim could be used.

Lack of Evidence

If there is insufficient evidence to prove the alleged crime happened, such as a lack of medical records, witness testimony, or physical evidence, a defense attorney may argue for the dismissal of charges.

False Accusation

In cases where the allegations are unfounded or fabricated, a defense attorney can investigate the circumstances and expose the false accusations. This could involve gathering evidence to discredit the accuser’s claims or demonstrating their motive for making false allegations.

Accident or Lack of Intent

If the alleged harm was unintentional or accidental, a defense attorney may argue that there is no intent or that it was an accident. Intent is required for a domestic violence prosecution. An attorney may present evidence like witness statements or professional opinions to support the claim that the harm was due to an accident or a misunderstanding.

Lack of Witnesses to Testify

If the prosecution’s case depends largely on the testimony of a single witness, challenging the credibility or reliability of that witness can be a strong defense strategy. An attorney may cross-examine them to expose inconsistencies or potential biases or present alternative witness accounts that contradict the prosecution’s events.

It is important to remember that these are just a few potential defenses available in a domestic violence case. The effectiveness of any particular defense strategy will depend on the specific facts and circumstances of each unique case.

Consulting with an experienced domestic violence attorney is crucial to determining the most effective course of action. Your attorney can carefully examine the evidence, investigate the incident, interview witnesses, and develop a strong defense strategy to challenge the prosecution’s claims. By working closely with your attorney, you can ensure your rights are protected and that you receive the most optimal outcome to your case.

Domestic Violence Convictions Impact Your Future

Domestic violence charges can have a significant and long-lasting impact on your future. In addition to the legal consequences of a criminal record, there are serious social and financial repercussions, such as:

• Damage to your reputation
• Strained relationships between friends and family
• Loss of custody rights to your children
• Loss of gun rights
• Emotional distress from the stress and stigma associated with the charges
• Limited housing options
• Employment challenges
• Loss of income
• Restitution

If you or someone you know has been charged with domestic violence, you need to seek legal counsel as soon as possible. By taking proactive steps to address the charges against you, you can minimize the long-term consequences and work to rebuild your life.

Protect Your Rights with Gibbons & Gibbons

If you are facing domestic violence charges in Bellflower, you should contact the experienced criminal defense attorneys at Gibbons & Gibbons. Our legal team is committed to protecting your rights and your future.