San Diego Domestic Violence Defense Attorney
In the state of California, charges of domestic violence are an extremely serious matter. The consequences of a conviction, or even a mere accusation, can be quite uncomfortable. Vincent Ross and the domestic violence defense attorneys at Ross Law Center can work to reduce or eliminate many of the repercussions that could befall you when you face charges of domestic violence.
San Diego lawyer: domestic violence charges hinge on numerous considerations
Domestic violence is a criminal offense that involves either the use of physical force or the threat of bodily harm to a family member, ex-spouse, or intimate partner. The extent of injuries and other considerations are weighed by the judge to determine penalties following a conviction. Any previous criminal history on the part of the offender will also be considered.
Even first-time offenders usually receive a sentence of 30 days or longer, and are required to complete a batterer’s program. Given the severity of consequences, it’s important to avoid a conviction. A capable San Diego lawyer who has extensive experience defending domestic violence cases will ensure that your rights are protected, all facts are presented, and that the best possible outcome is achieved.
We Can Lighten a Potential Stay-Away Order
A protective order, often referred to as a "stay-away order," is typically sought on day one by an attorney who is prosecuting a domestic violence case. He will ask the presiding judge to immediately issue an order barring you from coming within 100 yards of the alleged victim, which will normally result in denying you access to your own home. The alleged victim, typically the accused's spouse or child, will occupy that home while the case is pending. Meanwhile, you will be forced to relocate, but you will still be required to pay any mortgage, utility bills, or other regular expenses. If you then lose your case, this stay-away order can be extended to as long a period as three full years.
We can immediately contest the request of the prosecutor for this type of stay-away order, which would exclude you from your own home on the basis of a mere accusation. We have often succeeded in convincing the judge to reduce this order to one that allows you to continue to inhabit your home so long as a state of peace persists between you and the alleged victim. By obtaining this "light" order, we may be able to spare you the financial burden and emotional stress of being ousted from your own premises.
We Can Fight For an Acquittal
A domestic violence conviction in the state of California, even on a misdemeanor basis, will result in the loss of your right to keep and bear arms within the state limits for a 10-year period. Additionally, in certain cases, your gun possession rights could be lost nationwide for the rest of your life. This would obviously destroy any career that required you to carry a firearm, and we can fight tooth and nail to prevent this career-ending blow from befalling you.
We Can Reduce or Eliminate Jail Time
In most cases, the court will seek a minimum 30-day jail sentence for all domestic violence convictions. In some cases, the minimum will be 60 or even 90 days. These minimums are applicable even to first-time offenses filed as a misdemeanor. When a repeat and/or felony offense is charged, the result of a conviction can be 16 months, two years, or even three years of incarceration. Finally, due to the nature of the crime, California courts do not normally consider house arrest an option when it comes to domestic violence convictions.
We at Ross Law Center have proven success at negotiating plea bargains in domestic violence cases that allow you to retain your job and your freedom. Trying to negotiate the courtroom without the help of an experienced lawyer is like trying to shoot Niagara Falls in a barrel, just hoping you don't hit a rock. Ross Law, however, has the legal adeptness necessary to often reduce or eliminated jail/prison sentences stemming from a domestic violence conviction.
We Can Often Reduce the Charge From Felony to Misdemeanor
If an acquittal cannot be gained, we still may be able to reduce the charge against you from a felony to a misdemeanor. A felony would put at least one "strike" permanently on your record. Strikes can accrue for criminal threats and for corporal (bodily) injury whenever those violations are part of a felony conviction. Not only long jail time but also difficulty in finding future employment can result from the strikes on your record that a felony will entail. By fighting hard to reduce the charge against you, we can help you to salvage your future.
Penalties for Domestic Violence in California
To ensure the safety of the alleged victim, the judge may order a temporary or permanent no-contact order. If the case involves the parent of your children, this order could be problematic in terms of custody and visitation.
A domestic violence conviction also may block you from obtaining custody of your children, and you may lose visitation rights.
In addition to such civil penalties, those convicted of many domestic violence charges can face extended jail time, or a prison term, if the judge takes into account aggravating factors. The consequences include not being allowed to see your family for weeks or months, loss of job because of incarceration, and limitations on freedom of movement. Domestic violence defendants are not permitted to own or possess firearms, and many are required to undergo counseling and take lengthy anger management courses.
Contact Us Today
Call Ross Law Center to ensure the best possible outcome for domestic violence charges in California. Our attorneys specialize in DUI and Criminal Defense Law. We represent clients in San Diego, Vista, El Cajon, Oceanside, Chula Vista, and other San Diego County communities.
We at Ross Law Center are always on the ready to respond to your calls for help. Contact us by calling 858-805-5772 today, and we will be happy to give you a free consultation and aid you in making the best legal decisions going forward.