Arrested and Charged with a Domestic Violence Offense?
Facing a domestic violence charge is a serious matter with potentially life-altering consequences. In Sacramento County, there is a long-standing history of offering numerous public resources for alleged victims of domestic violence. However, for individuals accused of domestic violence—whether rightly or wrongly—the best resources are private. The most effective support often comes from experienced criminal defense attorneys who specialize in fighting domestic violence charges.
What is Domestic Violence?
Domestic violence can be defined in various ways, depending on the context:
- City of Sacramento Definition: According to the City of Sacramento’s website, “The U.S. Department of Justice defines domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.”
- California Legal Definition: California law defines domestic violence broadly as “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”
Two common charges related to domestic violence in California are:
- Corporal Injury to a Spouse or Cohabitant (California Penal Code Section 273.5): This charge applies to any physical injury inflicted on a spouse or cohabiting partner. A conviction can result in substantial fines, probation, mandatory participation in a diversion program, and imprisonment—up to one year in county jail or four years in state prison.
- Domestic Battery (California Penal Code Section 243(e)): This charge involves the willful and unlawful use of force or violence against a domestic partner. Visible injuries are not required to secure a conviction, making this charge challenging to contest without an experienced criminal defense attorney. Penalties may include fines, mandatory treatment programs, and up to one year in county jail.
Additional Legal and Personal Consequences
A domestic violence charge can extend beyond the courtroom. Victims may:
- File a civil restraining order or pursue family law actions, including child custody cases.
- Initiate a civil lawsuit for damages.
Special considerations also arise depending on the accused’s circumstances:
- Immigration Status: Immigrants may face changes to their immigration status if convicted.
- Professional Licenses: Licensed professionals may undergo investigations, risking suspension or revocation of their licenses.
Police Investigations and the Role of the District Attorney
When police respond to domestic violence calls, they are trained to identify the primary aggressor. An arrest is often made based on their assessment, even if the alleged victim provides exaggerated or false statements. After an arrest, the accused must be informed of their Miranda rights, including the right to remain silent.
The District Attorney (D.A.) decides whether to file charges based on the police report. Even if the alleged victim recants, charges are rarely dropped. However, an experienced criminal defense attorney can file motions to reduce charges or penalties, or even win the case at trial.
If convicted, potential penalties include:
- Jail time
- Substantial fines
- Mandatory domestic violence counseling
- Personal conduct and stay-away orders
- Temporary restraining orders
Why You Need an Experienced Criminal Defense Attorney
Choosing a knowledgeable criminal defense lawyer is critical to achieving a favorable resolution. Richard Chan is an experienced Sacramento domestic violence attorney who can help navigate the complexities of domestic violence cases. Call us today at (916) 446-4400 for a consultation.
Domestic Violence Issues
Domestic violence cases often extend beyond the initial accusation, impacting various aspects of life. Common challenges include:
- False Allegations: False claims may arise during contentious divorce or custody disputes, damaging reputations and relationships. We specialize in uncovering inconsistencies and presenting evidence to defend against such allegations.
- Child Custody and Visitation: Accusations can influence custody decisions, potentially leading to supervised visitation or loss of custody. We advocate for your parental rights to ensure your voice is heard.
- Criminal Penalties: Convictions carry severe consequences, including jail time, fines, mandatory counseling, and permanent criminal records. Professionals may lose licenses, and firearm ownership may be restricted.
- Protective Orders: These can disrupt daily life with restrictions on communication, movement, and housing. Violating such orders results in additional charges.
- Employment and Social Consequences: Even unproven allegations can harm careers, personal relationships, and community standing. Our firm works to mitigate these impacts and restore your reputation.
We understand how overwhelming domestic violence charges can be. Our firm provides compassionate yet aggressive representation, focusing on protecting your rights and achieving the best possible outcome. We gather evidence, interview witnesses, and challenge the prosecution’s case to build a strong defense. Whether through negotiation or trial, we are committed to resolving your case effectively.
Contact Us Today
If you or someone you love is facing domestic violence charges or dealing with the implications of a restraining order, don’t delay. The decisions you make now can have a lasting impact on your future. Contact our experienced team at Allaye Chan Law to schedule a consultation and get the legal support you need. Let us help you protect your rights and navigate this challenging time.