REDWOOD CITY DOMESTIC VIOLENCE LAWYERS
EXPERIENCED LAWYER FOR COMPLEX DOMESTIC VIOLENCE CASES
Although most people recognize that domestic violence is a real problem, not every person charged with domestic violence is guilty. Wrongful or extreme accusations can lead to criminal convictions and a host of negative consequences that can impact nearly every area of your life.
At the Law Offices of M. Gabriela Guraiib, our Redwood City domestic violence lawyer is a former public defender and uses this varied experience to help our clients navigate the process. In California, domestic violence is a “wobbler,” which means it can be either a misdemeanor or felony charge.
Generally, minor injuries or no injuries result in misdemeanor charges. A felony charge will result when the victim sustains lacerations, broken bones, or other serious injuries. If you are convicted of a felony, you may be facing a variety of criminal
Please contact our Redwood City domestic violence attorney at 650-227-9132 to discuss your legal options and get the best advice for your case.
DOMESTIC VIOLENCE CHARGES IN CALIFORNIA
Domestic violence is a very serious offense in California. Domestic violence occurs when a person causes physical, emotional or sexual abuse against:
Assault and battery are two separate offenses. The possible charges for simple assault, misdemeanor battery, and felony battery are as follows:
- A family member
- Child
- Household member
- Dating partner
- Or previous dating partner
Threatening these forms of abuse can result in a domestic violence charge in California.
Under Penal Code § 12021, a domestic violence conviction carries a 10 year prohibition period in addition to the criminal penalties. In many cases, a minor argument can escalate and result in a call to police and an arrest.
Often, these family disputes work themselves out, but when the police become involved, someone usually ends up arrested and charged with a crime. Unfortunately, it is not uncommon for people to lie and law enforcement may exaggerate the situation in their reports. Later, alleged victims may wish to drop the charges, but prosecutors often pursue convictions.
WHAT ARE THE PENALTIES FOR A DOMESTIC VIOLENCE CHARGE?
- A jail sentence
- Restitution
- Protective Orders
- Fines
- A counseling class
WHAT HAPPENS WHEN YOU GET A DOMESTIC VIOLENCE CHARGE?
In California, a domestic violence charge can result in serious penalties if convicted. Your penalties largely depend on the circumstances surrounding your case.
- A $2,000 fine and/or up to 364 days in jail
- Fines paid to a battered women’s shelter
- Reimbursement for the victim’s counseling
- A $6,000 fine and/or up to four years in prison
- Fines paid to a battered women’s shelter
- Reimbursement for the victim’s counseling
Having prior convictions of domestic battery can result in more severe penalties.
In addition to the criminal penalties, the court may decide to issue a restraining order. This means you may not have any contact with the victim. When a couple shares children, the restraining order can be problematic and may result in limited or no contact with your kids.
Our Redwood City domestic violence attorney works to achieve the best outcome depending on the specific situation you are facing, sometimes charges are reduced and even dismissed depending on the circumstances of the case.
Call 650-227-9132 to get help from an experienced Redwood City assault and battery lawyer for your charges.
