Domestic Violence Defense Attorney
What is a Domestic Violence crime?
California law defines Domestic Violence as any crime against a current or former:1
- 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
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
- A minimum of three (3) years of probation;
- Complete a fifty-two (52) week Batterer’s Program approved by the court;
- A criminal court protective order;
- A book and release;
- A minimum payment of $500.00 to the Domestic Violence fund; and
- 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.
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?
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 of Domestic Violence cases and how to handle them. Contact us today if you are being accused of a Domestic Violence crime.
- California Penal Code section 1203.097 ; see also California Family Code section 6211.
- People v. Wang (2020) 46 Cal.App.5th 1055, 1076-1078.
- California Penal Code section 415
- California Penal Code section 594.
- California Penal Code section 243, subdivision (e), subsection (1).
- California Penal Code section 273.5, subdivision (a).
- California Penal Code section 273.5, subdivision (f).
- California Penal Code section 166 or California Penal Code section 273.6.
- California Penal Code section 1203.097