El Monte Domestic Violence Lawyer

If you have been accused of domestic violence, we understand how overwhelming the experience can be. An El Monte domestic violence lawyer understands the challenges you face and can work diligently to build a strong defense strategy, negotiate with prosecutors, and secure your future.

What Is Domestic Violence in California?

Domestic violence in California is a complex issue that encompasses many types of abuse, not just physical violence. It often involves a pattern of behaviors like physical abuse, sexual assault, emotional manipulation, and psychological coercion. It is rarely a one-time event and typically escalates over time. Domestic violence must be committed against a current or former spouse, current or former partner, people who are sharing a home, or a child.

Consequences of a Conviction

A domestic violence conviction can have severe and lasting consequences on a person’s life. In addition to a criminal record, there can be jail time and fines, a loss of rights, protective orders issued, and an impact on child custody and visitation rights. Personally, it can strain relationships, lead to emotional distress, limit housing and job opportunities, and cause social stigma within the community.

Sentencing for Domestic Violence Offenses

Under California Penal Code 273.5, spousal abuse can carry significant consequences. Depending on the severity of the offense and the offender’s criminal history, penalties can range from a misdemeanor to felony charges. Misdemeanor spousal abuse involves less severe acts and can result in up to one year of county jail time and a maximum fine of $2,000. In some cases, a person can be sentenced to probation with mandatory participation in an intervention program.

Felony spousal abuse charges are more serious and are usually reserved for those who have a prior criminal history, repeat offenders, or if the acts caused significant bodily injury to the alleged victim. The consequences could be up to five years in prison and a $10,000 fine.

If the domestic violence was against a child, it could be either a misdemeanor or felony, depending on how severe the acts were. Child abuse in California is considered a “three strikes” offense, meaning a third conviction can result in a sentence of 25 years to life in prison.

Potential Defenses to a Domestic Violence Charge

Like all criminal cases, the prosecution bears the burden of proof. Prosecutors must establish that the accused committed acts of domestic violence against a family or household member. To challenge these claims, a domestic violence defense attorney may employ a unique set of strategies. Some common strategies include:

Self Defense or in Defense of Others

Under self-defense, individuals may use reasonable force to protect themselves or others from imminent harm. There must be proof that you did not intend to cause harm to the other person though, which can be difficult if the accused has a criminal history.

False Allegations

False accusations of domestic violence could be used as a way to influence a child custody battle or a divorce proceeding. Someone could be angry and lie about a situation, forcing the accused to face serious consequences. A defense attorney can effectively highlight discrepancies in the accuser’s account and cast doubt on the credibility of their claims.

Alibi

A straightforward defense approach involves establishing that the accused was not present during the alleged incident or that they were not involved in any violent acts. This could include evidence from witness testimony or individuals who can corroborate your whereabouts. Proving an alibi can cast reasonable doubt on the prosecution’s case.

Lack of Evidence

There may be cases where the prosecution’s evidence is insufficient to establish guilt. An attorney can meticulously examine the evidence, verify its validity, and challenge any questionable or unsubstantiated claims.

Lack of Intent

The lack of intent defense strategy involves arguing that the accused did not intentionally commit the acts that led to the charges. This can be complex because it requires demonstrating that they did not intend to cause harm, did not understand the severity of their actions, or that the actions were accidental.

Procedural Defenses

Procedural defenses focus on what might have happened during the legal process. These can include:

• Unlawful arrest
• Illegal search and seizure
• Miranda rights violation
• Violation of due process, such as denial of a speedy trial, failure to provide adequate legal representation or a biased judge.
• Chain of custody issues like gaps in documentation or improper handling of evidence.

Domestic violence charges can have severe consequences. However, there are legal strategies that can be used to defend against these charges. At Gibbons & Gibbons, we understand that your case is unique. Our experienced attorneys can carefully examine the specifics of your case and leverage our knowledge to create a robust legal defense.

How Our Domestic Violence Attorneys Can Support You

An experienced attorney can be a lifeline for those facing domestic violence charges. They possess the knowledge to build a strong defense strategy, negotiate with prosecutors, and advocate for reduced charges or even dismissal. Beyond legal knowledge, they offer:

• Legal guidance: They provide clear and comprehensive advice on all aspects of the legal process, ensuring the accused fully understands their situation and available options.
• Case analysis: They conduct a thorough examination of the case details, gather relevant evidence, identify potential weaknesses in the prosecution’s argument, and develop a robust defense strategy.
• Court representation: They represent the accused in court.
• Negotiation skills: They leverage their negotiation skills to advocate for reduced charges or penalties or even the dismissal of charges in certain situations.
• Legal document preparation: They meticulously handle all legal paperwork, ensuring they are accurate and submitted correctly.
• Post-conviction support: If the accused is convicted, they can assist with appeals.
• Emotional support: They offer emotional support to clients throughout the process and alleviate fears and anxieties.

Contact an El Monte Domestic Violence Lawyer

Facing domestic violence charges can be a daunting experience. If you’re accused of domestic violence, seeking legal counsel can make a difference in your future. Contact Gibbons & Gibbons so we can begin working on a legal defense for you. With our legal team engaged, you can rest assured that you are getting the quality legal representation you deserve.