Domestic violence (DV) is a serious crime, but sadly, not everyone accused of DV is guilty. If you have been accused of or charged with household abuse, you should obtain skilled legal representation from a Fullerton domestic violence lawyer.
Scott D. Henry and his legal team have over 40 years of combined experience defending those facing family violence charges. Our criminal defense attorneys have earned a reputation for their proactive and aggressive approach, as well as their steadfast dedication to their clients. We believe everyone is innocent until proven guilty and we could fight tirelessly to protect your rights, reputation, and freedom.
What Behaviors are Considered Domestic Violence?
California Penal Code 273.5 PC defines domestic violence as abuse or threats of abuse by an individual who is in a personal relationship with the alleged victim. It is also considered domestic abuse when the perpetrator and the alleged victim are closely related by marriage or blood. Acts of family violence include:
- Domestic assault
- Domestic battery
- Corporal injury to a spouse
- Cyberstalking
- Elder abuse
- Stalking
- Kidnapping
- Emotional abuse
- Sexual abuse
- Physical abuse
- False Imprisonment
- Restraining order violations
Allegations of domestic abuse are taken very seriously by law enforcement, prosecutors, and judges. For this reason, having a skilled lawyer in Fullerton could mean the difference between walking out of the courtroom or spending significant time in jail for domestic violence allegations.
Penalties for Domestic Abuse in Fullerton
In an effort to cut down on family violence cases, law enforcement pursues and investigates DV allegations thoroughly. Domestic abuse is considered a “wobbler”, which means it can be charged as a misdemeanor or felony. How it is charged and what penalties may apply ultimately depend on the specifics of the case. An attorney in Fullerton could assess a domestic violence case to determine what types of consequences an accused individual may be facing. Misdemeanor family violence convictions carry penalties that may include:
- A maximum of one year in jail
- A fine of up to $6,000
- Probation
Felony domestic violence convictions carry penalties that may include:
- A maximum of four years in prison
- Substantial fines
- Felony probation
In addition to these criminal penalties, there are other consequences that could result from a DV conviction. Some of these consequences may include:
- A restraining or protective order
- Loss of child custody
- Loss of the right to bear arms
- Loss of professional licensing
- 26-week anger management course
- 52-week rehabilitation course
- Punitive damages
A DV conviction is on your criminal record permanently and will likely surface during a background check. This can make it challenging to find employment, housing, or obtain professional licensing. Depending on your specific case, one of our family violence defense attorneys could negotiate effectively with prosecutors to have your charges dropped or reduced, which could prevent or lessen any possible penalties.
Legal Defenses for Domestic Violence
If you face domestic abuse charges, our attorneys in Fullerton could provide a case-specific persuasive defense and advocate aggressively on your behalf. Depending on the details of your case, several solid arguments may be viable. Some of these may include but are not limited to:
- Acting in self-defense or the defense of others.
- The alleged incident was an accident.
- Insufficient evidence to support a DV conviction.
- Being falsely accused out of anger, jealousy, or revenge.
- Being falsely accused due to child custody issues.
- The alleged injuries did not result from your actions.
Consult with a Leading Fullerton Domestic Violence Attorney
A mere allegation of domestic violence can forever change your life. If you have been accused of family abuse, it is essential to speak immediately with a leading Fullerton domestic violence lawyer.
Our team at The Law Office of Scott D. Henry understand there are two sides to every case and are dedicated to ensuring your side is heard. We could investigate the alleged incident to obtain evidence supporting your defense, and then present our evidence to the prosecution to skillfully negotiate on your behalf. To get started on your case, schedule a free consultation.