Folsom Domestic Violence Defense Lawyers

Common Types of Domestic Violence Offenses

Under state law, various crimes fall under the umbrella of domestic violence. Common offenses include: 

• Domestic battery: This is a misdemeanor offense codified in Penal Code §243(e)(1). Domestic battery is defined as using force or violence against a cohabitant, co-parent, or current or former spouse, fiancé, or dating partner. Offenders can still be convicted even if they didn’t injure the victim. 
• Inflicting corporal injury on an intimate partner: Under Penal Code §273.5, this is a felony offense that occurs when an offender causes physical injury to a spouse, cohabitant, dating partner, or parent of one’s child through an act of domestic violence.
• Child abuse: Under Penal Code §273(d), it’s illegal to inflict corporal punishment or injury on a child with the exception of “reasonable spankings.” Any punishment that is considered cruel or causes injury constitutes misdemeanor or felony charges for child abuse. 
• Child endangerment: This is a wobbler offense codified in Penal Code §273(a). It involves willfully causing or allowing a child in your care to suffer harm or have their safety or health endangered.
• Child neglect: Under Penal Code §270, this is a wobbler offense that occurs when a parent or guardian willfully fails to provide necessities to a minor child, including food, shelter, medical care, and clothing. 
• Elder abuse: This is a wobbler offense codified in Penal Code §368. It occurs when an offender inflicts abuse, neglect, endangerment, or fraud upon an individual who is 65 years of age or older. 

Additionally, enhancements can be applied in cases where certain aggravating factors are present, such as prior convictions, the use of a weapon, or the level of injury inflicted. California law is designed to ensure that perpetrators of domestic violence are held accountable for their actions, but it also means that those wrongfully accused need robust representation to challenge these charges. 

What Are the Penalties for Domestic Violence in California?

The exact penalties of a domestic violence conviction will vary from case to case. Depending on the type of offense and other unique circumstances, defendants may face a misdemeanor or felony conviction. Generally, a misdemeanor conviction for domestic violence is punishable by up to one year in jail and informal (summary) probation, while a felony conviction is punishable by prison time and formal probation.

Additional penalties may include: 

• Community service
• Loss of firearm rights
• Loss of child custody rights
• Permanent criminal record
• Anger management classes
• Fines and/or victim restitution
• Enforcement of a restraining order
• Deportation or inadmissibility to the U.S. for non-citizens
• Mandatory completion of a batterer’s intervention program

Enhanced Penalties in Domestic Violence Cases

In some cases, domestic violence offenders can face enhanced penalties if the crime involves great bodily injury. Under Penal Code §12022.7, defendants can be sentenced to an additional three, four, or five years in prison if they intentionally inflict great bodily injury upon their intimate partner during the commission of the crime. 

Additionally, offenders with prior domestic violence convictions on their record can face harsher penalties for subsequent offenses. Regardless of the charges you’re facing, it’s important to retain a skilled domestic violence attorney near you who can help mitigate these severe consequences. 

Common Accompanying Charges to Domestic Violence

Domestic violence offenses often involve additional crimes that are charged simultaneously, opening the door to enhanced penalties if convicted. Consulting a skilled defense attorney is paramount to understanding and defending against the specific charges against you. 

Some common accompanying charges of domestic violence include:

• Criminal threats: This is a wobbler offense codified in Penal Code §422. It occurs when an offender threatens someone with serious harm.
• Stalking: This crime is codified in Penal Code §646.9. It involves harassing or threatening another person to the point where they fear for their personal safety or the safety of their family. Stalking is a wobbler offense that can lead to a misdemeanor or felony conviction.
• Aggravated trespass: Under Penal Code §601, this is a wobbler offense defined as 1) making a criminal threat and 2) entering the alleged victim’s home or workplace within 30 days to carry it out.

Accompanying charges can complicate the defense strategy, potentially increasing the penalties if not addressed correctly.  Effective legal counsel will evaluate the full scope of connected charges and work towards a strategy that addresses all areas of potential liability, seeking reductions or dismissals wherever possible.

Common Defense Strategies Against Domestic Violence Allegations

In addition to severe criminal penalties, domestic violence offenses also carry harsh social stigmas that may threaten your hard-earned reputation and impact your personal and professional relationships. By seeking counsel from a knowledgeable domestic violence defense attorney, you can protect against reputational damage while reducing the risk of life-altering consequences in criminal court. Your lawyer can carefully evaluate your case to determine an effective legal strategy to employ in your defense. 

Common defense strategies against domestic violence include: 

1. The injury was an accident. Proving the other person’s injuries were accidental can result in reduced or dismissed charges.
2. You lacked intent. To constitute domestic violence, you must have intent to harm. If you lacked intent, your lawyer can advocate for reduced or dismissed charges. 
3. You acted in self-defense. State law allows you to defend yourself and others with force in cases of imminent harm. If you were charged with domestic violence for exercising your legal right to self-defense, this may result in dropped charges.
4. You were falsely accused. In some cases, alleged victims may falsely accuse domestic abusers due to vindictiveness or vengeance. If you can prove the alleged victim falsely accused you, your case may be dismissed.

Understanding Restraining Orders in Folsom

When a restraining order is issued, compliance is mandatory to avoid additional charges. For an accused person, it's essential to understand the terms thoroughly and seek legal guidance to challenge or adjust any conditions that may be arbitrary or unjust. In Folsom, local courts are committed to enforcing these orders seriously, prioritizing the safety and well-being of all parties involved. Expert legal advice is invaluable in navigating the nuances of restraining orders and ensuring all terms are fair and appropriate.

Do I Need a Domestic Violence Defense Attorney?

Domestic violence charges can result in life-changing penalties in criminal court, even for first-time offenders. Depending on the facts of your case, you may face jail time, fines, and other penalties, not to mention severe reputational damage. With so much at stake, it’s essential to retain a skilled domestic violence defense attorney who can help you employ an effective defense strategy in criminal court. 

A domestic violence defense attorney  can offer critical insights into the prosecution's likely strategies, potential plea bargains, and defense tactics. Beyond the court, they can help manage related family law issues and social consequences that could follow a conviction, aiming to preserve as much of your current standing and rights as possible.

Contact Our Folsom Domestic Violence Defense Lawyers

Our domestic violence defense lawyers at Walsh Law understand the gravity of the domestic violence charges. A conviction can lead to harsh consequences in your life and the lives of your loved ones. That’s why our Folsom attorneys are dedicated to safeguarding your life, liberty, and reputation. From contesting false allegations to clarifying the circumstances surrounding your case, we can work tirelessly to reduce or dismiss the charges you’re facing. With extensive experience defending the accused against a wide range of violent offenses in Greater Sacramento, our firm is committed to giving your case the personalized attention it deserves.

Arrested for domestic violence? Don’t jeopardize your future by failing to seek sound counsel. Contact us online or by calling (916) 610-3558 to discuss your case with our fierce defense lawyers. 

Domestic Violence Charge FAQs

Can I enter a pre-trial diversion program for domestic violence?

Possibly. In some cases, defendants may be eligible to complete a pre-trial diversion program or deferred entry of judgment (DEJ) in return for reduced or dismissed charges. However, this legal avenue is only available to some and requires strict adherence to the terms of the program. It’s important to discuss your legal options with a seasoned defense lawyer who can help determine whether a diversion program is in your best interests.

Can a lawyer help with a restraining order?

Domestic violence allegations can lead to the enforcement of a restraining order (also known as a protective order). While having a protective order in place may not seem like a big deal, restraining orders can severely restrict your rights and ability to travel freely. In many cases, it’s best to fight for the removal of a protective order. Whether you’re accused of violating a restraining order or someone is seeking a restraining order against you, our Folsom attorneys are well-versed in the legal intricacies of these cases to guide your legal steps with care. 

Can I lose custody of my children if I’m convicted of domestic violence?

Yes, a domestic violence conviction can result in the loss of child custody rights. However, you may still be able to obtain visitation rights. Keep in mind that a domestic violence conviction isn’t required for your custodial rights to be taken away in family court, making it crucial to secure experienced representation when facing custody issues.

What charges might I face if accused of domestic violence?

Charges for domestic violence can range from misdemeanors to felonies, depending on the severity of the incident and whether there are prior convictions. Common charges include assault, battery, stalking, harassment, and violating a restraining order. The penalties can include fines, mandatory counseling, probation, or imprisonment.

How do restraining orders work, and what should I do if one is issued against me?

A restraining order is a court order designed to protect a person from further harm. It can prohibit contact with the victim, require you to leave a shared residence, and restrict your movements. If a restraining order is issued against you, it’s important to comply fully to avoid additional charges. Consult with an attorney immediately to understand the order’s conditions and to discuss your legal options for contesting or modifying it.

What can I expect during the legal process for a domestic violence charge?

The legal process typically begins with an arrest followed by arraignment, where you will enter a plea. Pretrial motions and hearings may follow, during which evidence is presented and legal arguments are made. If the case goes to trial, both sides will present their evidence and witnesses. Throughout this process, your attorney will advocate on your behalf, negotiate potential plea deals, and prepare for trial if necessary.

Can domestic violence charges be dropped if the victim retracts their statement?

A6: While a victim’s retraction can influence the case, the decision to drop charges lies with the prosecutor. Domestic violence cases are often pursued even if the victim no longer wishes to press charges, due to the state’s interest in preventing further violence. An attorney can negotiate with the prosecution and work to have charges reduced or dismissed based on the evidence and circumstances.