When you are accused of a criminal offense, it can have a serious impact on your life. Some allegations, like those of domestic violence, are incredibly heinous. Not only can these result in criminal penalties, like fines and jail time, but you may find that facing an allegation of this nature can have serious reputational impacts as well. You may find it difficult to maintain relationships or gain employment if you are convicted of this crime. As such, you may wonder what potential defenses you may be able to utilize to assist you in fighting these charges. The following blog explores common defenses and the importance of working with a Contra Costa County domestic violence lawyer to assist you through these difficult times.
What Penalties Can I Face if I’m Convicted?
The penalties for domestic violence in California can be incredibly harsh. This crime, like many in California, is a wobbler, meaning it can be charged as either a misdemeanor or felony offense, depending on the circumstances of the crime.
If the offense is a misdemeanor, you can face up to six months in jail with the possibility of a $1,000 fine.
However, if the crime involves serious bodily injury or the use of a deadly weapon, it may be classified as a felony offense under California law. This can carry a minimum of 30 days in prison, with up to 4 years behind bars as the maximum. Additionally, the court can impose a $6,000 fine.
Are There Any Defenses I May Be Able to Utilize?
If you are facing charges, it may feel like there is nothing you can do. However, by working with an experienced attorney, you can take the necessary steps to determine the best legal avenues to take to help you fight for the best possible outcome.
Generally, one of the most common defenses used by those facing charges is that they were acting in self-defense. Unfortunately, the majority of these cases are “he said, she said” situations in which both parties may claim the other was the aggressor. However, you may have evidence like wounds consistent with self-defense or text messages prior to the incident where the alleged victim levied violent threats against you.
Another common defense that you may be able to utilize is that the alleged incident was fabricated. Unfortunately, it is not uncommon for people to accuse others of domestic violence because of the serious implications of the crime. As such, if you are engaged in a custody battle, for example, your child’s other parent may allege domestic violence as a means of getting a better outcome in the matter.
As you can see, facing charges of domestic violence in California is not a matter that should be taken lightly. If you have been accused of this heinous offense, it’s critical to connect with an experienced attorney with O’Connor Law APC to discuss your legal options. Our team will explore all potential avenues to help you determine the best course of action for your defense. When you need help, our team is here. Contact us today to learn more.
