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 Happens if You Are Charged With Domestic Violence in California?

Domestic violence offenses are aggressively prosecuted in California due to the sensitive nature of these crimes. A conviction can result in time behind bars, restraining orders, restrictions on firearm ownership, and severe professional and reputation damage.

The penalties imposed will depend on a number of factors, including the nature of the allegations, the criminal history of the defendant, and the severity of the injuries inflicted.

Is Domestic Violence a Misdemeanor or Felony Offense in CA?

  • Domestic violence is considered a “wobbler” offense in California
  • A wobbler can be charged as either a misdemeanor or a felony offense
  • Local prosecutors will consider:
    • The severity of the injuries inflicted
    • Prior criminal history
    • If any children were present during the incident
    • If threats or intimidation are alleged

What Penalties Can I Face if I’m Convicted of Domestic Violence in California?

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 a felony offense, depending on the circumstances of the crime.

Penalties for a Misdemeanor Domestic Violence Conviction

  • Potential for up to one year in county jail
  • Mandatory participation in the batterer’s intervention program
  • Protective or restraining order
  • Potential fines
  • Potential probation requirements

Penalties for a Felony Domestic Violence Conviction

  • Potential time in a state prison
  • Considerable court fees and fines
  • Formal felony probation
  • Loss of firearm ownership rights
  • Immigration impacts for non-citizens
  • Long-term criminal record complications

Additional Consequences of a Domestic Violence Conviction in California

  • Difficulty passing background checks
  • Firearm ownership restrictions
  • Damage to personal and professional reputations
  • Complications securing housing

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. Considerable time spent in prison, depending on the circumstances of the case. Additionally, the court can impose a $6,000 fine.

What Are Common Defenses Against Domestic Violence Charges in California?

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.

Self-Defense

  • Generally, the most common defense to domestic violence claims
  • May be applicable when the defendant has a reasonable fear of danger
  • Evidence can include:
    • Defensive wounds
    • Witness statements
    • Medical records
    • Threatening communications

False Allegations or Fabricated Claims

  • False allegations may arise during:
    • Divorces
    • Child custody proceedings
    • Relationship conflicts
    • Financial disputes
  • Defense attorneys can challenge:
    • Inconsistent statements
    • Lack of physical evidence
    • Witness credibility
    • Motive to fabricate the allegations
  • Lack of Evidence
    • The prosecution must prove guilt beyond a reasonable doubt
    • Insufficient evidence can hurt the prosecution’s case
    • Lack of corroborated evidence can play an integral role in “he said, she said” conflicts
    • Missing medical evidence or witness testimony can weaken credibility
  • Defense of others
    • Individuals may act within reason to protect others from immediate harm
    • May be applicable if force was necessary
    • Courts will consider:
      • Threat level
      • Proportionality of the force used to subdue the threat
      • Witness statements

Contact an Experienced Contra Costa County Criminal Attorney

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.