Pleasanton Domestic Violence Lawyer

Pleasanton Domestic Violence Attorney

Domestic violence is incredibly serious, and it’s a reality that harms many people and families. However, when criminal charges are pressed for domestic violence-related offenses, they are not always accurate to the complex and challenging situations at hand. Often, law enforcement does not accurately evaluate a familial dispute. If you are facing domestic violence charges, you need a strong Pleasanton domestic violence defense lawyer.

Accusations of domestic violence can occur from misunderstandings, complicated relationships between parties, or even due to false accusations made out of spite or anger. Criminal charges for these offenses can have a severe effect on your life, freedom, and reputation, and you deserve an effective and fair criminal defense. Domestic violence cases are stressful and incredibly consequential, and it is essential to find an attorney who can address the complexities with care and respect.

Criminal Defense in Pleasanton

For more than 30 years, the Law Office of Louis J. Goodman has fought for the rights of those accused of criminal offenses. Our years of experience enable us to efficiently address your case, investigate the charges against you, and build a defense that protects your interests, your rights, and your personal and professional reputation.

There are many reasons that domestic violence charges may be pressed, and the alleged victim of the crime does not have a say in this. Only the prosecution can press or drop charges. It’s important to have a qualified attorney who knows how to navigate complex familial disputes.

Being accused of these serious crimes can be very frustrating and scary, but our legal team can help make it easier for you. We can work with the prosecution before trial and advocate for your rights in court. We use our resources and knowledge to work to mitigate the risks you face, aiming to lower the charges and penalties or even seeking to have the charges dropped.

Understanding Domestic Violence Laws

Domestic violence in California is defined as any violence or threats of violence between two people who are in a relationship, who are related by blood or marriage, or who live in the same home together. Domestic violence also includes other forms of abuse, such as emotional abuse and economic abuse.

Domestic violence covers several different offenses in state law, and many can be charged as either a misdemeanor or a felony. How a crime is charged relies on several factors, including:

• The defendant’s prior criminal history
• The age of both parties
• The type of crime committed
• The severity of the harm to the victim

When a domestic violence offense is charged as a felony due to serious bodily injury to the victim, it is a strike under the state’s Three Strikes Law. This law increases the severity of penalties for a third violent felony, and it may also affect the penalties of a second violent felony.

Domestic Violence Crimes

There are several criminal offenses that may be charged relating to domestic violence, including:

• Criminal threats
• Disobeying a domestic court order
• Corporal injury to spouse
• Child abuse
• Child endangerment
• Elder abuse
• Kidnapping
• Simple assault
• Battery
• Attempted rape
• Rape

Your attorney is an essential resource in defending against these serious crimes.

Consequences of Domestic Violence Convictions

Depending on whether you are charged with a felony or misdemeanor, you may face months in jail or years in prison, as well as hundreds or thousands in fines. Other criminal penalties may include:

• Probation after incarceration
• Restitution to victims
• Removal of your right to own a firearm

You may also face a restraining order. This can limit where you go, where you live, and other limitations that prevent you from having contact with the victim. If a restraining order is broken, even accidentally, you may face additional criminal penalties.

Potential Defenses Against Domestic Violence Charges

Each criminal and domestic violence case is unique, so a strong defense will need to be unique to the individual situation. These charges can affect the rest of your life, which is why it is so essential to discuss your case with a dedicated attorney. An effective attorney is your greatest chance of mitigating or avoiding the charges you face. Some commonly used defenses in domestic violence cases include:

• Insufficient Evidence: When you face criminal charges, you are innocent until proven guilty. The prosecution has the burden of proof in order to convict you. If there is not enough evidence to convict you of the crime, this may be a good defense.

If there is no physical evidence, medical documentation, voicemails, photo or video evidence, or eyewitness statements, it is less likely that you will be found guilty. Your attorney may also be able to have the charges against you dismissed before the case continues.

• Self-Defense: This is an affirmative defense. If you performed the actions in question because you reasonably feared for your own safety or the safety of others and believed you were in imminent danger, it could be effective. Domestic violence cases are often the result of altercations between two people in an argument, so this is often a strong defense.

• False Accusations: Domestic violence charges may be false accusations. This is especially common if two people are in the middle of another court battle or if two spouses are getting a divorce or navigating child custody.

False accusations may be made to get back at a partner or family member or to prevent a partner from gaining custody. Relationships can be incredibly complicated, and this can result in accusations like domestic violence. If the accusations are not based on any fact, a thorough investigation of the alleged encounter may be able to prove this.

• Accident: In some cases, an injury occurs because of an accident, and there was no intention to harm the individual. Most charges related to domestic violence require the intention of harm or willful injury.

In some cases, other mitigating defenses can be useful in limiting the severity of the charges and penalties you face. If you do not have a past criminal history or were suffering from a mental disorder when the crime was committed, this may encourage an alternate sentence or fewer penalties.

Contact a Domestic Violence Defense Attorney in Pleasanton

When you are charged with a crime, you have the right to legal defense. It is crucial for your future that you take advantage of that right, as a reliable and dedicated attorney gives you the greatest chance of avoiding conviction. Contact the Law Office of Louis J. Goodman today.