Protecting the Rights of People Accused of Domestic Violence in Sacramento and throughout California

The California Penal Code defines domestic violence as an act of abuse against 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.. Abuse is defined as intentionally or recklessly using (or threatening to use) any physical force against someone who is an intimate partner.

In many domestic violence cases, the victim’s testimony carries more credibility than that of the accused. However, there are a variety of reasons that people bring false domestic violence charges against someone. The person bringing the charge may be trying to exact revenge on the accused or may be trying to gain an advantage in a potential child custody dispute.

At The Law Offices of David S. Chesley, our Sacramento domestic violence defense attorneys understand that false domestic violence charges are all too common. We also understand the seriousness of the potential penalties which may be imposed upon conviction. If you have been charged with domestic violence in California, you should contact our experienced legal team to assist you with defending your criminal case. To schedule a free case evaluation with one of our criminal defense lawyers in Sacramento, call us today or contact us online.

Who can file a Domestic Violence Charge in California?

Domestic violence charges in California may be filed by a variety of individuals, including the following:

• Former or current spouses
• Former or current fiancée
• Former or current domestic partners
• Former or current cohabitants
• Someone with whom the accused has a child or has had a child
• Someone whom the accused has dated in the past or is currently dating

When a custody dispute is part of a California domestic violence case, there are other individuals who may be able to file charges, including the accused’s child, brothers and sisters, grandchildren, grandparents, and others.

Types of Domestic Violence Crimes in California

Domestic violence crimes in California include a variety of offenses, including abuse, battery, neglect, and threats. The majority of these domestic violence crimes are considered “wobbler” offenses under the law, meaning that the prosecutor could decide to bring either misdemeanor or felony charges. This decision depends primarily upon the facts and circumstances surrounding the offense, including the seriousness of any injuries which the alleged victim sustained, along with the defendant’s prior criminal record (if he or she has one). These domestic violence offenses include:

• Bodily injury to a co-inhabitant or spouse
• Child abuse
• Child endangerment
• Child neglect or failing to provide a child with adequate care
• Elder abuse
• Criminal threats
• Stalking
• Causing damage to a telephone line (such as by cutting the line or damaging telephone equipment)
• Aggravated trespass
• Revenge porn (where someone distributes sexual photographs of someone else with the intention of causing that individual to experience emotional distress)
• Posting harmful information on the internet

One particular type of domestic violence offense – domestic battery – occurs when a person purposely inflicts violence or force against someone with whom he or she is intimate (i.e., a sexual partner). This is a misdemeanor offense in California, and a visible injury is not required.

If the accused is ultimately convicted of domestic battery, a judge can sentence him or her to pay a maximum fine of $2,000, along with a maximum of one year’s incarceration in the county jail.

Consequences of a California Domestic Violence Conviction

In some cases, a judge may offer a domestic violence offender a period of probation if the offender has never committed a domestic violence crime in the past, or if the alleged victim received few (if any) injuries. In the event the defendant violates one or more terms of the criminal probation, a sentencing judge may revoke the probation. Moreover, the judge could sentence the defendant to a period of incarceration.

In addition to probation, other potential consequences that may result from a domestic violence charge include the following:

• Incarceration – The majority of counties in the State of California impose a minimum incarceration period of 30 days following a conviction for domestic violence. This can happen even in instances where the defendant does not have a prior criminal history, and the prosecutor charges the crime as a misdemeanor.
• Required payment of restitution to the alleged victim – If a person is convicted of domestic violence, he or she may be required to pay restitution to the alleged victim. This restitution may be used to pay the alleged victim’s lost earnings, medical bills, mental health treatment bills, and property damage.
• Mandatory participation in a “batterer intervention program” – A defendant who is convicted of domestic violence in California may be court-ordered to attend and participate in a batterer intervention program, which is a one-year counseling and treatment program.
• Criminal record – Anyone who has been convicted of domestic violence will have a permanent criminal record. A domestic violence conviction on a criminal record can make it difficult to get into a good school, find a good job, and obtain a professional license.
• Losing custody rights – In the State of California, a convicted domestic violence offender is not eligible to obtain custody of a minor child or children. However, he or she is eligible to obtain visitation rights under certain circumstances.
• Losing gun rights – Individuals who have a domestic violence conviction on their record are not permitted to own or possess a firearm in California.

In some instances, a prosecutor may be willing to work with the defense attorney to reduce a domestic violence charge down to a less-serious offense, including a period of probation without a conviction. The prosecutor may also allow for the charge to be reduced down from domestic violence to criminal trespass or disturbing the peace.

In other cases, an experienced Sacramento domestic violence defense lawyer may be able to help the defendant get into a pretrial diversion program. Upon completion of the program, the domestic violence charges will be dismissed in most cases.

The defense lawyers at The Law Offices of David S. Chesley may be able to help you obtain a charge reduction or gain admission to a diversion program, in order to lessen the consequences of your domestic violence charge.

Defending against a Domestic Violence Charge

Not all domestic violence charges have a basis in fact. However, when it comes to defending a domestic violence charge, many defendants are fighting an uphill battle. If you have been wrongfully charged with domestic violence in California, you may be able to raise one or more of these legal defenses:

• That the alleged victim sustained his or her injuries as a result of an accident.
• That someone else committed the act of violence against the alleged victim.
• That at the time of the incident, you were acting in self-defense, or you were defending another person.
• That the alleged victim had an incentive to seek retaliation or revenge against you (such as in cases involving child custody).

Call Us Today to Schedule a Free Case Evaluation with a Sacramento Domestic Violence Defense Lawyer

Domestic violence convictions can result in severe penalties, up to and including incarceration. If you have been accused of committing an act of domestic violence, you should not delay in seeking experienced legal representation.

At The Law Offices of David S. Chesley, our legal team will work hard to defend your case and fight for a favorable outcome on your behalf. To schedule a free consultation and case evaluation with one of our domestic violence defense lawyers in Sacramento, please call us today at 1-800-755-5174, or contact us online.