Cases involving household abuse are pursued zealously by local prosecutors. If you have been accused of or charged with domestic violence, it is essential to obtain superior legal representation from our legal team at The Law Office of Scott D. Henry. With over 40 years of combined experience practicing criminal defense law, our skilled San Bernardino domestic violence lawyers could provide you with an aggressive defense that protects your rights and freedom.
What is Domestic Violence?
Due to the COVID-19 pandemic, there has been a drastic increase in people losing their jobs and working from home. This has resulted in a steep increase in the number of domestic violence calls to the police. To combat these household abuse cases, law enforcement and prosecutors have placed more of an emphasis on charging and prosecuting alleged offenders.
Domestic abuse is defined by Penal Code 273.5 PC as violence or a threat of violence committed by an individual who is in a personal relationship with the victim. Acts of domestic violence include:
- Stalking
- Cyberstalking
- Elder abuse
- False imprisonment
- Kidnapping
- Domestic assault
- Domestic battery
- Emotional abuse
- Sexual abuse
Depending on the specific domestic violence charges, a San Bernardino lawyer could help someone prepare for the legal process and defend them in court.
False Imprisonment
According to California Penal Code 236, false imprisonment is considered the “unlawful violation of the personal liberty of another.” In simpler terms, it is the confinement or restraint of another person to one place. False imprisonment is a “wobbler,” which means it can be charged as a misdemeanor or felony. To prove false imprisonment took place, prosecutors must show that the defendant willfully and unlawfully confined or restrained the alleged victim, and they confined or restrained that person against their will. If convicted of misdemeanor false imprisonment, the penalties include up to one year in jail and substantial fines. If convicted of a felony, a person could face considerable time in state prison.
Penalties for a Domestic Abuse Conviction
Due to their violent nature, penalties are severe for domestic violence convictions. Some of these penalties include:
- Up to one year in jail for a misdemeanor conviction
- Up to four years in state prison for a felony conviction
- Hefty fines
- Probation
- 26-week anger management course
- 52-week rehabilitation course
- Restraining order
- Loss of child custody
- Loss of right to bear arms
- Loss of professional licensing
An attorney in San Bernardino could help someone avoid or minimize the potential domestic violence penalties by preparing a strong legal defense.
Legal Defenses for Household Violence
Because of the considerable, harsh penalties associated with a domestic abuse conviction, it is crucial to have an aggressive and proactive lawyer in San Bernardino to diligently fight these charges. Several defense strategies could prove effective, including self-defense or the defense of others, insufficient evidence, false accusation, lack of intent to cause bodily harm, and arguing that the injuries were not a result of the defendant’s actions.
How a San Bernardino Domestic Violence Attorney Could Help
If you have been accused of household abuse, we urge you to contact our experienced San Bernardino domestic violence attorneys immediately. A mere allegation can lead to immediate, harsh consequences, so it is best to obtain legal representation to help minimize the consequences and fight tirelessly to clear your name.
At the Law Office of Scott D. Henry, we are dedicated to zealously defending our clients against serious criminal charges. We could work hard to obtain a positive resolution for you and your family by performing a detailed investigation into the alleged incident, presenting evidence supporting your defense, and negotiating skillfully on your behalf to prevent charges from being filed or get current charges dropped or reduced.