Domestic Violence

Domestic Violence Defense

Sacramento Domestic Violence Attorney

Charged With Domestic Violence?

A conviction for domestic violence can have serious consequences and it’s best to talk with an experienced Sacramento domestic violence attorney who can help with your case specifically, call our office for consultation today.

California’s definition of “domestic violence” is broad. The Penal Code defines it 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.”

An arrest for domestic violence can lead to a multitude of legal issues.

  • First and foremost is a criminal case, but often there is also a civil restraining order case.
  • In cases involving marriages or children, charges of domestic violence can also lead to family law proceedings and child custody battles.
  • Sometimes the accuser in a domestic violence arrest later brings a civil case against the accused.
  • In the case of professionals (e.g. nurses, physicians, attorneys, and teachers), it may result in an investigation and disciplinary action by an agency that issued the professional license to the accused.
  • It can also impact those who use guns for their profession, and affect immigration status.

A person who willfully inflicts bodily injury that results in a traumatic condition could be punished by 4 years imprisonment and fine of $6,000.

If the defendant is sentenced to probation, the court may require the defendant to donate money to a battered women’s shelter and reimburse the victim for counseling and other costs that directly result from the offense. If the defendant has a prior conviction for sexual battery, assault with a stun gun, assault with a deadly weapon other than a firearm or by means of force likely to produce great bodily injury, the punishment can increase to 5 years in prison and a $10,000 fine.

A court may issue a temporary protective order without holding a hearing if the person is in immediate danger of domestic violence. The order may prohibit the abuser from harming, harassing or contacting the victim.

Facing domestic violence charges in Sacramento, California, can lead to serious consequenses significantly impacting your life. The complexity of cases involving domestic violence, spanning from accusations of physical abuse to charges of harassment and threats, carry the potential for severe consequences. Such repercussions may include jail time and lasting impacts on your personal freedoms and future prospects. The stakes in domestic violence cases are high, underscoring the importance of expert legal representation to navigate through these complex legal waters and safeguard your rights and future.

Contact Sacramento Domestic Violence Attorney

At Allaye Chan Law, our commitment is to protect your rights and guide you through the legal system to secure the most favorable result possible. We know the California’s domestic violence laws, and we are dedicated to offering excelent legal representation for individuals charged with domestic violence. Call (916) 446-4400 to speak with Sacramento domestic violence attorney Richard Chan for free consultation about your criminal defense case now.

Domestic Violence

I thought I was really in trouble. I had a previous domestic violence conviction on my record and my wife charged that I did the same thing to her. I was afraid I was going to spend more time in jail, do another 52 weeks of counseling and be on another 3 years of probation. I was given Mr. Chan’s name and I am very happy I called him. He obtained all of the records, 911 tapes and photographs. He fully investigated my case. He convinced the District Attorneys to dismiss the entire case before we went to trial. I would highly recommend Sacramento criminal defense lawyer Mr. Richard Allaye Chan, Jr. to anyone with a Domestic violence.

– R. S.

Domestic Violence

I cannot believe what a tremendous job The Law Offices of Richard Allaye Chan has done. I got arrested; my bail was $35,000.00, charged with felony Domestic Violence. The alleged victim was cut severely, requiring hospitalization and multiple stitches. I did not do it. I was innocent. Richard Allaye Chan took my case, took my case, asked me to be patient, promised to do his best and ultimately all charges were dismissed and I was free. Mr. Richard Allaye Chan is a fabulous trial lawyer and I would recommend him to anyone.

– M. L.

What Happens in a Domestic Violence Arrest?

Often a domestic violence arrest occurs when a couple is fighting, 911 is called, and the police are dispatched to a home. In Sacramento, an arrest must be made whenever the legal elements of domestic violence are met. The police must investigate once they arrive to determine who the primary aggressor is.

Studies show that 95% of all victims of domestic violence are women, but in light of the stigma against male victims of domestic violence, there may be a higher percentage of male victims than reported. Studies also suggest that the police’s determination of who is the primary aggressor is especially difficult if the violence occurs between same-sex couples. The police may arrest both people if sufficient evidence of violence is observed as to both parties. Photographs are taken of both people and statements are recorded. The police must read a Miranda admonishment to anyone who is arrested and advise him or her of the right to an attorney.

The resulting report is forwarded to the District Attorney for purposes of charging the primary aggressor. Once the District Attorney decides to charge a case based on the police report, it is unlikely that the charges will be dropped, even if the person complaining of domestic violence changes his or her story or refuses to cooperate with the prosecution of the other person.

If the District Attorney is able to secure a conviction, some of the possible consequences include:

  • jail,
  • mandatory domestic violence counseling sessions,
  • personal conduct orders,
  • stay away orders,
  • temporary restraining orders,
  • and large fines.

If alcohol was involved, mandatory alcohol education classes may be required. Moreover, a domestic violence conviction can have additional negative implications for an individual’s professional licensing or immigration status.

Because the consequences of a domestic violence accusation can be severe, it is important to be represented by an experienced domestic violence attorney in these proceedings. Entering a guilty or no-contest plea for purpose of getting the experience over with is common, but it can be a serious mistake to do this without consulting an experienced attorney who can evaluate the case from every angle.

Contact Domestic Violence Defense Attorney

If you have been charged with domestic violence, the experienced Sacramento domestic violence attorney at Allaye Chan Law can help. We have successfully handled all types of domestic violence defense cases in Sacramento County. At Allaye Chan Law, we understand the sensitive nature of domestic violence charges and are dedicated to helping you fight back.

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    California Domestic Violence Penal Codes

    California’s approach to domestic violence is detailed within its Penal Codes, offering a comprehensive legal framework designed to address and penalize such acts. The primary sections and codes include:

    Physical Abuse

    • Penal Code Section 273.5: This is the cornerstone statute for physical abuse within domestic contexts, making it illegal to inflict corporal injury resulting in a traumatic condition upon an intimate partner.
    • Penal Code Section 243(e)(1): Addresses less severe forms of physical abuse, like battery within domestic situations, not requiring visible injury for prosecution.

    Stalking

    • Penal Code Section 646.9: Specifically addresses stalking, including behavior that is repeatedly directed at a specific person that makes them fear for their safety or the safety of others. This can occur within or outside of domestic relationships but is particularly serious within the context of domestic violence.

    Threats

    • Penal Code Section 422 (Criminal Threats): Targets the act of threatening someone with serious harm, creating a reasonable fear for their safety or the safety of their family. It’s applicable in situations where verbal, written, or electronic threats are made, often accompanying physical abuse in domestic violence cases.

    Intimidation of Victims or Witnesses

    • Penal Code Section 136.1: Makes it a crime to prevent or dissuade a victim or witness from reporting a crime or from testifying about a crime, which is especially relevant in domestic violence situations where there might be pressure or threats against the victim to keep them from seeking help or legal recourse.

    Child Endangerment and Abuse

    • Penal Code Section 273d (Physical Child Abuse): Criminalizes the infliction of physical punishment or injury on a child in a manner that is cruel or inhuman, providing protection against physical abuse of children within the domestic setting.
    • Penal Code Section 273a (Child Endangerment): Penalizes any person who causes or permits a child to suffer unjustifiable physical pain or mental suffering, or to be placed in situations where their well-being is endangered. This includes exposing children to domestic violence, which can have severe psychological and physical impacts on minors.

    These penal codes collectively form a framework aimed at combating domestic violence in California, providing legal recourse for victims and establishing clear penalties for perpetrators. The state’s legal system recognizes the complexity of domestic violence, incorporating provisions for various forms of abuse and ensuring that victims have protections against a wide spectrum of abusive behaviors.

    Contact Sacramento Domestic Violence Attorney

    Facing domestic violence charges in Sacramento, California, can have serious consequences that significantly impact your life. The complexity of cases involving domestic violence — ranging from accusations of physical abuse to charges of harassment and threats — carries the potential for severe consequences. These repercussions may include jail time and have lasting impacts on your personal freedoms and future prospects. The stakes in domestic violence cases are high, highlighting the necessity of expert legal representation to navigate these complex legal matters and safeguard your rights and future.

    At Allaye Chan Law, our commitment is to protect your rights and guide you through the legal system to secure the most favorable outcome possible. We know California’s domestic violence laws and are dedicated to providing excellent legal representation for individuals charged with domestic violence offenses. Call (916) 446-4400 to speak with Sacramento domestic violence attorney Richard Chan for a free consultation about your criminal defense case now.