Let an Alameda County Domestic Violence Lawyer Advocate For You
Allegations of domestic abuse can immediately harm your reputation and threaten your liberty. Your career may suffer, and a restraining order might prevent you from contacting loved ones. While these consequences are serious, the penalties of a criminal conviction are far more severe.
If you are convicted of domestic violence, you could face severe fines and even prison time. These risks make it crucial to contest the charges quickly. Contact an Alameda County domestic violence attorney at Berkowitz Law to explore your options.
What Counts as Domestic Violence?
There are many common misconceptions about domestic violence charges. For starters, domestic violence is not limited to physically assaulting a current or former spouse. California law recognizes many behaviors as domestic violence if they involve a family or household member. This includes alleged criminal acts against:
- Current and former spouses
- Co-parents
- Parents
- Siblings
- Roommates
- Romantic partners
Different types of offenses qualify as domestic abuse.
Domestic Battery
Under Penal Code § 243(e)(1), domestic battery is the unlawful and willful use of force or violence against an intimate partner. Importantly, this offense does not require visible injury. Even a shove or offensive touch may sufficient for prosecutors to bring charges. Penalties may include up to one year in county jail, fines, and mandatory counseling.
Corporal Injury to a Spouse or Cohabitant
Penal Code § 273.5 makes it a misdemeanor or a felony to inflict corporal injury on a spouse, cohabitant, or partner that results in a visible wound. Unlike battery, this offense requires evidence of injury and carries harsher consequences, including up to four years in state prison.
Child Abuse and Neglect
Domestic violence laws also protect children. Penal Code § 273a criminalizes placing a child in a situation likely to cause harm or neglect. Convictions can lead to probation, mandatory parenting classes, or years in prison.
Elder Abuse
Penal Code § 368 addresses abuse of individuals 65 and older, including physical harm, neglect, and financial exploitation. Depending on whether the case is charged as a misdemeanor or felony, penalties may include up to four years in prison.
Stalking
Penal Code § 646.9 defines stalking as willfully and repeatedly following, harassing, or threatening another person so that they reasonably fear for their safety. When the victim is an intimate partner, the case may be prosecuted as a form of domestic violence. Convictions carry potential felony charges and long-term restraining orders.
Criminal Trespassing
Even conduct that seems minor, like entering the property of a former spouse or partner without permission, can lead to trespassing charges under Penal Code § 602. When tied to a domestic relationship, this offense may be treated as domestic violence, with additional penalties.
Potential Penalties for Domestic Violence
The penalties for domestic violence depend on a few different factors. The courts will consider the specific type of offense, whether the defendant has prior convictions, and whether the alleged victim suffered bodily injuries during the incident.
Misdemeanor domestic violence convictions can result in up to one year in jail, in addition to fines, probation, and a batterer’s intervention program. While these penalties are serious, felony convictions are much more severe. If found guilty, you could face longer prison terms, hefty fines, and possibly restitution as well.
Beyond these criminal penalties, you can also face collateral consequences that dramatically impact your life. Collateral consequences are the impact your conviction has beyond the penalties that are handed down directly by a judge. Some examples include:
- Child custody and visitation restrictions: Courts often limit custody or visitation rights for parents convicted of domestic violence.
- Firearm rights: Federal and state laws prohibit firearm possession for those convicted of domestic violence offenses.
- Immigration status: Non-citizens may face deportation, denial of visas, or permanent inadmissibility.
- Employment and housing: Criminal records appear on background checks, making it harder to find work or rent housing.
Being found guilty of a domestic violence offense is a serious matter that can have life-altering consequences. The good news is that our team is ready to help you fight against a conviction.
Defenses in a Domestic Violence Case
There are various ways to challenge the state’s evidence in a domestic violence case. In some instances, a strong defense strategy can result in the charges being dismissed. Even if your case goes to trial, having the right approach can help you avoid a conviction. Some common strategies include:
Self-Defense
One of the most common defense strategies in a domestic abuse case involves self-defense. You have the right to use a reasonable amount of force to defend yourself if you believe that you face an immediate threat of harm.
Defense of Others
In addition to defending yourself, you also have the right to use force to protect others who are threatened by immediate harm. There is no requirement that you have a close personal relationship with those endangered or that they are members of your family.
Lack of Evidence
The state has an obligation to prove beyond a reasonable doubt that you are guilty of domestic violence. This is a difficult burden to meet, and the prosecution does not always have sufficient evidence to meet it. Your attorney can highlight the weakness of the case against you to avoid a conviction.
Reach Out to an Alameda County Domestic Violence Lawyer Today
If you have been accused of family violence, the team at Berkowitz Law is here to help. We understand what is at stake, and we will work tirelessly to help you get the outcome you deserve. Reach out to an Alameda County domestic violence lawyer today to discuss your options.