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Orange County, CA Criminal Defense Law Blog

Sunday, October 20, 2013

Domestic Violence in California

A conviction of the crime of domestic violence in California can result in long-lasting collateral damage to your ability to obtain employment, own a firearm or even see your children. If you recently received a summons pertaining to a protection from abuse (PFA) or temporary restraining order, you must meet with a defense attorney right away as these cases generally convene for trial within ten to thirty days of the issuance of the order. If you have been charged with the crime of assault or battery against a family member, this is likely a different type of procedure under the criminal law, as opposed to family law, statutes. Likewise, you should not attempt to defend against these charges on your own as prosecutors are notoriously harsh when it comes to allegations of domestic violence and abuse.

 

Domestic Violence and Abuse Crimes

Domestic violence is a specific type of assaultive behavior directed toward members of a person’s family or household. It generally includes spouses, parents, children, romantic partners, step-family members, grandparents and grandchildren. Allegations of assault against a neighbor, plutonic friend or co-worker cannot be categorized as domestic violence even if the parties maintain a close relationship.

The term domestic violence refers to several criminal acts when committed against any of the above-listed family members. You may face domestic violence penalties as a result of committing the crimes of offensive touching, menacing, sexual harassment, trespass, criminal mischief, sexual assault, terroristic threatening or reckless endangerment. In other words, if the prosecution can prove that you committed these crimes against a family member, the penalties and sentence may be enhanced under applicable domestic violence laws.

The above-listed consequences are serious and can permanently alter your life if you are convicted. As such, it is imperative to work with an experienced criminal defense attorney if you are facing domestic violence charges as your attorney will work to protect your freedom and relationship with your family. If this is your first time facing criminal charges and your history is clear of other felonies and misdemeanors, your attorney may be able to obtain favor for you as a first-time offender, which could ultimately result in a dismissal of the pending charges.

For more information or to schedule a FREE CONSULTATION, contact Irvine criminal defense attorney Mark McDonald today.

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Previous Posts

Guns and Weapons Charges in Orange County

Parole Violations in California

Domestic Violence in California

An Experienced Criminal Defense Attorney can Help you Through the Toughest Situations

California Lawmaker Supports U.S. Attorney General’s Stance on Drug Crime Reform

Irvine Murder Investigation Reopened

2012 “Crime in California” Report Just Released. What Does the Information Mean to Offenders?

Child Pornography and Child Molestation Charges and Sentencing

Nationwide Sting Highlights Law Enforcement Officials’ Focus on Sex Crimes

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Archived Posts

2013
December
November
October
Domestic Violence in California
An Experienced Criminal Defense Attorney can Help you Through the Toughest Situations
September
California Lawmaker Supports U.S. Attorney General’s Stance on Drug Crime Reform
Irvine Murder Investigation Reopened
August
2012 “Crime in California” Report Just Released. What Does the Information Mean to Offenders?
Child Pornography and Child Molestation Charges and Sentencing
Nationwide Sting Highlights Law Enforcement Officials’ Focus on Sex Crimes
Motions: Paving the Way to Defense Victory
Sex Crime Charges in California: What Can You Expect Following a Conviction?
The New Three Strikes Law
Probation, Parole and Ankle Bracelets: What Does the Future of Electronic Monitoring Look Like?
July


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