Riverside domestic violence defense lawyer

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Domestic Violence Defense Attorney

The term “domestic violence” broadly defines any type of abuse or violence that occurs between members of a family and/or household. It is possible for domestic violence to take many forms, and the penalties for domestic violence conviction can be severe. If you have been charged with any form of domestic violence, you need a trusted Riverside domestic violence defense lawyer to help you defend yourself in court.

Experienced Defense Representation for Domestic Violence Cases in Riverside, CA

The Lin Law Office Inc. can provide client-focused and responsive defense representation for your impending domestic violence case in Riverside. These are inherently emotional cases that are very complex to resolve. It’s possible for any domestic violence case to be a multifaceted legal battle that the average person will not be able to navigate successfully on their own.

When you choose our firm to represent your defense, you can rely on us to help clear your name if you have been wrongfully accused or to assist you in securing mitigating penalties, if possible, if you did commit the offense. Ultimately, every case is unique, and you need a seasoned defense attorney to help formulate the most effective possible defense in your situation.

What is a Domestic Violence crime?

California law defines Domestic Violence as any crime against a current or former:¹

  • spouse;
  • cohabitant;
  • girlfriend or boyfriend;
  • fiancé or fiancée;
  • co-parent; or
  • immediate blood or “in-law” family members such as your grandparents, parents, or siblings. ²

Even though “violence” is in the name, there doesn’t have any physical violence involved for charges to be filed. For example, yelling ³ at your spouse too loudly or vandalizing ⁴ your former boyfriend’s or girlfriend’s vehicle is enough to make it a Domestic Violence crime.

That said, there are some common crimes that are associated with Domestic Violence:

  • Spousal Battery; ⁵
  • Corporal Injury with Traumatic Condition; ⁶
  • Corporal Injury with Prior Conviction; ⁷ and
  • Violation of Court Order. ⁸

These charges are more serious and have specific definitions. Penalties for conviction of any domestic violence offense can be severe and may entail fines, jail time, and other penalties assigned by a criminal court judge, as well as penalties in the civil and family court systems. For example, a victim may file a personal injury suit to claim compensation for damages, and a parent charged with domestic violence could lose custody rights.

It is important to remember that the parties involved in a domestic violence case do not necessarily need to live together for the situation to amount to domestic violence, nor do they need to be blood relatives. It is possible for domestic violence to happen between family members who do not live together or between unrelated individuals who do live together.

Additionally, domestic violence can lead to additional criminal charges. For example, any type of domestic violence against a child can lead to child abuse charges for the defendant, which carry very serious penalties. A criminal case involving any type of child abuse is likely to lead to complex family court proceedings that may unfold in tandem with criminal court proceedings.

What are the consequences of a Domestic Violence Conviction?

With any conviction involving Domestic Violence that results with a grant of probation, the law has certain required terms of probation.⁹

  1. A minimum of three (3) years of probation;
  2. Complete a fifty-two (52) week Batterer’s Program approved by the court;
  3. A criminal court protective order;
  4. A book and release;
  5. A minimum payment of $500.00 to the Domestic Violence fund; and
  6. Twenty (20) hours of community service.

These probation terms are in addition to the standard terms of probation such as any jail or work release time, as well as court fines and fees.

But, if probation is denied, then the punishment will depend on the severity of the crime. If charged as a misdemeanor, you can face up to one (1) year in county jail. But charged as a felony, you may face up to five (5) years in the state prison. Of course, this will all depend on the charge itself and your criminal history (if any.)

Finally, a Domestic Violence conviction will result in a lifetime firearms prohibition and has potential immigration consequences if you are not a U.S. citizen. Depending on the severity of the offense, a noncitizen may have their immigration status changed and may also face immediate deportation.

If a parent is convicted of any type of domestic violence, they may lose their custody or visitation rights to their child, even if they are not charged with directly abusing a child. If a victim was physically injured, they would have grounds to file a civil suit against the defendant to seek compensation for medical expenses, pain and suffering, and other damages.

Defending a Domestic Violence case.

Every case is unique, but there are some common defenses that are at play in these types of cases. As a general intent crime, Mr. Lin has seen a number of cases where Self-Defense is a viable defense in cases both parties were fighting. Additionally, general intent crimes require willful actions, so injuries that occur by accident are completely defendable. Finally, as with any criminal case, the credibility of the accuser is always at issue. Meaning any motives for someone to lie about being a victim (such as getting an advantage in family court) will be examined.

Nevertheless, even if guilt isn’t in dispute there’s always the question of proper punishment. Even if you are guilty of what you’re being accused of, sometimes there are reasons that the prosecutor will consider to give you a non-Domestic Violence charge. For example, you may lose your job due to the firearms restrictions or more commonly immigration issues.

It is very important for you to contact an attorney to see if any of these apply to you.

Why contact The Lin Law Office Inc. for your Domestic Violence case?

When you need defense representation, it is vital that you hire a Riverside domestic violence defense lawyer with proven experience handling cases like yours. The effects of your case could be numerous and severe, potentially impacting your life in many ways for years to come. You could also face additional legal complications in civil and/or family court that you will not know how to resolve without an attorney’s help.

For over two-and-a-half (2.5) years, Mr. Lin was specially assigned to the Domestic Violence courtroom. There, he successfully defended hundreds of accused men and women in their cases by either negotiating for lesser charges or getting a complete dismissal of the charges. Mr. Lin is intimately aware of the ins and outs of Domestic Violence cases and how to handle them. Contact us today if you are being accused of a Domestic Violence crime.

References

  1. California Penal Code section 1203.097 ; see also California Family Code section 6211.
  2. People v. Wang (2020) 46 Cal.App.5th 1055, 1076-1078.
  3. California Penal Code section 415.
  4. California Penal Code section 594.
  5. California Penal Code section 243, subdivision (e), subsection (1).
  6. California Penal Code section 273.5, subdivision (a).
  7. California Penal Code section 273.5, subdivision (f).
  8. California Penal Code section 166 or California Penal Code section 273.6.
  9. California Penal Code section 1203.097.
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The Lin Law Office Inc.

3801 University Avenue
Suite 265
Riverside, CA 92501

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