Domestic violence is a serious crime in California that carries harsh penalties. If you were arrested for domestic violence crime, then you must learn about the possible repercussions that a conviction can come with. You must take the charges seriously, learn about your rights, and reach out to a qualified criminal defense attorney as soon as possible.
Know Your Rights and Learn About the Law
If you’re arrested for domestic violence or any other crime in California, it’s crucial to understand your rights and legal options. First, under the 5th Amendment of the U.S. Constitution, you have the right to remain silent. This means you are not required to speak with or answer questions from the police. Exercising your right to remain silent is a wise decision, as it prevents you from making statements that could later be used against you. Additionally, the Constitution guarantees the right to an attorney for those accused of crimes. By exercising your right to remain silent, obtaining legal counsel, and understanding the charges against you, you can begin building your defense.
What Is Considered As Domestic Violence in California?
Under California law, there are many crimes that fall under the larger category of domestic violence. Each one is treated seriously and will come with its own penalties. Some of the most serious crimes that involve domestic abuse include:
- California Penal Code Section 243(e) Domestic Battery: use of force or infliction of violence upon an intimate partner.
- California Penal Code 273.5 (a) Corporal Injury on a Spouse: willful infliction of bodily injury that results in a traumatic physical condition upon a victim in which they have a domesticated relationship with
- California Penal Code §273d(a) Child Abuse : willful infliction of bodily injury on a child that caused a traumatic physical condition to the child
- California’s Penal Code §368 Elder Abuse: the physical abuse, emotional abuse, neglect, endangerment, or the financial fraud of an elder.
Additionally, various additional offenses, such as stalking, criminal threats, intimidation, and “revenge porn,” can also be classified as domestic abuse if they are committed against a domestic relation or partner.
Domestic Violence Penalties and Consequences in California
California is known for having some of the strictest legal protections against domestic violence. Domestic violence charges can be either a felony or a misdemeanor, depending on the circumstances of the case. Therefore, it’s crucial to contact a criminal defense attorney right away if you’re arrested for domestic violence, as you’ll want to secure the most favorable charges possible. The penalties of a domestic violence conviction include:
- Prison (felony)
- Jail (misdemeanor)
- Fines
- Probation
In addition, domestic violence consequences may also include loss of right to bear firearms, restrictions on child custody, loss of jobs or opportunities, and denial of admission to schools, Additionally, a domestic violence crime is considered as a crime of moral turpitude under federal law. This can affect the ability to maintain or receive professional licenses in the United States. Under immigration law, a conviction for a crime of moral turpitude can trigger deportation.
Do You Need an Attorney if You Are Arrested for Domestic Violence in California?
Many criminal defendants make the mistake of thinking they don’t need an attorney. They believe that if they are innocent, the allegations against them will eventually be proven false, and they will be acquitted. However, this is not always the case. Sadly, many innocent people end up in jail for crimes they didn’t commit. Because of this, it’s essential to prepare a strong defense, even if you know the allegations are false. An experienced domestic violence attorney can objectively evaluate your case and the accusations made against you.
Contact The Law Office of Nicolai Cocis
If you were arrested for domestic violence in California, it is important to take the charges seriously, but do not panic. A The Law Office of Nicolai Cocis¸ we are committed to the principle that everyone is innocent until proven guilty. At our Murrieta criminal defense firm, we understand California law and are experienced in the legal strategies needed to defend those accused. Contact us now so we can prepare your best defense.
