Dublin Domestic Violence Defense Lawyer

Facing charges for domestic violence is terrifying, and a conviction can be life-altering. The prosecution can file charges, with or without the alleged victim’s wishes. Interpersonal relationships can be incredibly complicated, and law enforcement and legal settings do not always interpret them accurately. If you have been charged with domestic violence, you need a Dublin domestic violence defense lawyer to create a strong criminal defense.

Criminal charges for domestic violence carry a very serious stigma that can affect your personal and social life in addition to your professional life. Without an effective attorney, you are more likely to face a criminal conviction and penalties, and this can affect the rest of your life. You need qualified legal representation.

Defending Your Rights in Dublin

You have the right to legal representation when you face criminal charges. It’s important to exercise this right and remain silent until you have legal counsel present. Invoking your rights is crucial to navigating the charges against you, whether they are false or not. You need to find an attorney who treats you with respect, works effectively to defend your rights, and creates the ideal defense for your situation.

At the Law Office of Louis J. Goodman, our firm has been defending those accused of criminal offenses for more than 30 years. Our team understands how complex and difficult these cases are for individuals and their families. We investigate the offenses you are charged with and the circumstances of your arrest before determining the right defense.

Our firm works hard to negotiate with the prosecution before a trial begins, potentially limiting or eliminating the charges before court. If that isn’t possible, we advocate for your rights in court. Our team remains honest with you and ensures you understand the situation you face while we work to protect your future, your family, and your reputation.

How Are Domestic Violence Cases Handled in California?

Domestic violence charges can be filed as either misdemeanors or felonies in California, depending on the type of charge and the severity of the injuries suffered by the victim. How a crime is charged also relies on the past criminal history of the person being accused. A domestic violence felony counts for the state’s Three Strikes Law.

State law defines domestic violence as any abuse or threats of violence between two people who have a specific, close relationship. These relationships include:

• Current or former spouses, fiancés, or registered domestic partners
• Current or former intimate partners
• A current or former cohabitant, such as a roommate
• The parents of a child
• Parent and child
• Any other family members by blood or marriage, including parents, siblings, grandparents, cousins, aunts, and uncles

Abuse in domestic violence cases is not only physical abuse. It also includes emotional, sexual, and economic abuse.

What Defenses Exist Against Domestic Violence Charges?

Each criminal case is unique, and domestic violence cases are especially charged and complicated. A strong defense is essential to mitigating or eliminating the penalties associated with charges, but each unique case will require its own defense.

Defenses that may be effective in domestic violence cases include:

• Self-Defense: Domestic violence charges may be pressed against you despite being the victim of domestic violence, or domestic violence may have been mutual. If you feared for the immediate safety of yourself or another person, there is a reasonable level of violence that is considered self-defense. This is an affirmative defense against the charges you face.

• Lack of Evidence: Evidence is important in domestic violence offenses, including medical evidence, phone calls, physical evidence, and other information. If there is not enough evidence to meet the burden of proof, it is possible the charges can be dismissed.

• Innocence or Alibi: An innocence defense typically relies on an alibi that proves you were not where your accuser says you were.

• False Accusations: Domestic violence is a very serious issue, but it is unfortunately common for accusations and charges to be false. A charge may be filed due to high emotions between parties, a misunderstanding between them, or spite.

False accusations filed to get back at another party are more common if the individuals are in a court case, such as a divorce or custody battle. When domestic violence accusations are untrue, you need a dedicated attorney to investigate the evidence being held against you and find holes in the prosecution’s case. The past conduct of the accuser may also be relevant.

• Accidental: If you had no lack of intent to commit the crime, such as accidentally causing harm, the crime may not correctly apply. Most abuse charges require intent or willfully causing harm.

It’s essential to work with an attorney who has years of experience in these cases. A successful attorney will have knowledge of each of these defenses, their likelihood of success, and whether they apply to your unique case. Your attorney can also review mitigating and aggravating factors regarding your case to determine how those may affect your defense and sentencing.

Crimes Relating to Domestic Violence in Dublin

There are several violent or threatening crimes that are related to domestic violence offenses. Conviction for these offenses can result in criminal penalties as well as long-term effects on your personal and professional life. These crimes are prosecuted harshly. Some of the laws in California relating to domestic violence offenses include:

• Domestic Battery: This is the willful use of force against a spouse or cohabitant, which may include a shove or push. A physical injury is not required to charge this crime. It is a misdemeanor, resulting in up to one year in jail.
• Corporal Injury to a Spouse or Cohabitant: This is the action of willfully inflicting traumatic injury or condition on an intimate partner or cohabitant. This includes even a slight physical injury. This is charged as a felony and could result in up to four years in prison for even a first offense.
• Criminal Threats: This is the offense of threatening someone with serious harm, including a crime that would result in serious injury or death. This threat can be verbal or written. This offense may be charged as a misdemeanor or a felony, depending on the severity of the threats that are made and other aggravating factors. A misdemeanor would result in up to one year in jail, while a felony would result in up to four years in prison.
• Stalking and Harassment: This is charged when you are accused of repeatedly contacting or threatening another person, and the person reasonably fears for their safety or the safety of their family. This can be charged as a misdemeanor or a felony, and a felony could result in up to five years in prison.
• Child Neglect: This is the crime of a parent willfully failing to allow their minor child necessities such as healthcare, food, shelter, and clothing. This may be a misdemeanor or a felony.
• Child Endangerment: Child endangerment is the crime of willfully causing or allowing a child who is in your care to suffer harm or be placed in a situation where their health and safety are endangered. It can be charged as a misdemeanor, with up to one year in jail. As a felony, the charge results in up to six years in prison. If the child was not in immediate danger of bodily harm, a misdemeanor charge could result in up to six months in jail.
• Child Abuse: Any cruel corporal punishment or injury to a child is considered child abuse. It is charged as a felony and can result in up to six years in prison.
• Elder Abuse: This is the crime of certain actions against someone who is 65 years or older. This includes physical abuse, emotional abuse, endangerment, theft, financial fraud, or neglect. If this crime is charged as a felony, conviction results in up to four years in prison.

Other potential crimes related to domestic violence include:

• Disobeying a protective or restraining order
• Cyberstalking
• Kidnapping
• Attempted rape
• Rape

None of these charges should be taken lightly. They can have very serious consequences, and it is crucial that you find a skilled defense attorney.

Criminal and Collateral Penalties Following a Conviction

If you are convicted, you face jail or prison time, as well as fines. These are not the only consequences you may face. Other consequences include:

• Restitution paid to the victim
• Probation following completed incarceration
• Loss of certain basic rights, like the right to use or own a firearm
• Required participation in domestic violence classes
• Deportation if you are a non-citizen
• Loss of custody or visitation rights
• A criminal record
• A restraining order against you

These criminal, civil, and administrative penalties can impact your reputation, your employment, and your ability to get jobs or housing, as well as affect the rest of your life.

Find a Reliable and Skilled Domestic Violence Defense Attorney

Domestic violence accusations can arise from complex relationships and false accusations, and they can be made against those who were victims of domestic violence themselves. A conviction of these crimes can forever affect your freedom and opportunities.

At the Law Office of Louis J. Goodman, we are proud to represent the rights of those who are accused. We have years of experience and understand the compassion that these delicate cases require. Contact our firm today.