Domestic Violence Lawyer Chris Caraway
Call Today 530-898-1111
WARNING: You lose your 2nd Amendment Gun Rights with any Domestic Violence conviction
Domestic Violence Charges
Call an experienced Domestic Violence Lawyer immediately (530) 898-1111 if you’ve been arrested or charged with an act of Domestic violence. Domestic Violence is a battery between two people who are either married, dating or have a prior dating relationship, or who have kids together. A “battery” in California is defined as any “harmful or offensive” touching.Two California Penal Code (PC) sections address Domestic Violence. PC 243(e)(1) is a misdemeanor punishable by up to one year in County Jail. PC 273.5 is a “Wobbler,” meaning that it can be charged either as a misdemeanor or a felony. A misdemeanor PC 273.5 conviction is punishable by up to one year in County Jail; a felony by up to four years in State Prison.
Domestic Violence Conviction Consequences
In addition to possible time in jail or prison, the Judge will order you to attend an expensive “Domestic Violence Batterer’s Treatment Program” and pay fines and fees. You will lose your gun rights, and you could lose any professional license you hold. Additionally, Judges usually order you to not drink alcohol or use any drugs while you are on probation. Lastly, domestic violence convictions severely limit your future employment opportunities, and may also affect any future Criminal, Immigration, or Family Law case.Consult with an Experienced Domestic Violence Lawyer
If you face facing Domestic Violence charges immediately consult with an experienced Domestic Violence Lawyer. If you haven’t talked to the police yet then don’t. They are usually interested only in getting enough information to arrest and prosecute you, not to determine what really happened. If the police want you to come to the station to “talk about it” DON’T – CALL ME INSTEAD (530) 898-1111.Although there is far too much actual Domestic Violence in our society, there seem to be just as many false accusations. The most common false report we see is one made during an ongoing Divorce or Child Custody case. We also see many ex-girlfriends and ex-boyfriends make a false report just to punish the other person. Additionally, many Domestic Violence arrests involve a neighbor or family member calling law enforcement when they hear an argument, even if there was no physical harm.
In most Domestic Violence cases Judges impose a “Protective Order” on the first Court date. The Judge’s Protective Order will tell you to get rid of your guns and stay away from the alleged victim. It won’t matter whether you’re guilty or not. Additionally, the Judge can order you not to contact the alleged victim in any way. It won’t matter if the alleged victim doesn’t want the Order, or whether you have kids and a life together. You may have to move out of your house until you settle or win your case, unless your accuser agrees to move out. You may also have to pay bail to get out of jail, again whether you’re guilty or not.
Domestic Violence Lawyer Chris Caraway
I can help you with all of this. First, we’ll sit down and discuss what happened and possible outcomes. We’ll discuss the potential evidence and any witnesses you may have. I can help you even if you’re arguably guilty. For example, we can work together to prepare your case to get a good result in Court. This may include starting anger management counseling, and addressing any other issues such as alcohol or substance abuse. Properly dealing with whatever happened in your case may be your best bet to avoid jail or prison.When we get to Court I’ll clearly explain your situation to the Judge. I can request that the Protective Order allow peaceful contact if that’s what you both want. If the Judge refuses, we’ll work quickly and prepare your case for Jury Trial. A common defense at trial is the alleged victim or witnesses lied about what happened. You may also claim self-defense if the alleged victim attacked you first, has physically hurt you in the past, or if that person threatened to hurt you.
Understand that our “justice system” is set up to convict and punish you. You’ll need an experienced Domestic Violence Lawyer on your side if you want the right result. No two cases are alike, and each case must be assessed accurately to determine how to proceed. Call Me Today (530) 898-1111 to schedule a free consultation to discuss your case.