Attorneys at The Law Office of Scott D. Henry have handled hundreds of household violence cases in the area. Therefore, if you are facing these charges you can trust that our Newport Beach domestic violence lawyers have the experience to successfully fight these allegations against you. Our skilled criminal defense attorneys could help defend you by using strong and well-developed strategies. We understand how difficult this time is for you and genuinely want to help.
What is Domestic Violence?
Domestic violence is defined as mental, physical, or verbal abuse toward a spouse, family member, child, or loved one. The behavior is aggressive and violent in nature and can have long-lasting effects on the alleged victim. In these situations, the alleged offender controls another person with this behavior. Some types of domestic violence are:
- Physical abuse
- Emotional abuse
- Sexual abuse
- Psychological abuse
- Cyberstalking
- Stalking
When charged with household abuse, it is essential to find an attorney with a proven track record in handling these cases. These cases can be complicated. Therefore, having an experienced local attorney can dramatically affect the outcome of a domestic violence case.
What is Considered “Stalking?”
State law defines stalking as repeated harassment that creates a credible threat of harm to an individual. This pattern of intentional and malicious behavior may happen to estranged partners or ex-spouses. Although sometimes, the victims are complete strangers.
People who are experiencing stalking behaviors usually get restraining orders to keep the stalker away. It is important to note that the punishment can be much higher if there is a restraining order in place, and the alleged offender continues to stalk this person.
Additional Charges
When someone is facing domestic abuse allegations, they may also receive additional charges. These may include:
- Annoying or Harassing Phone Calls
- Child Endangerment
- Disturbing the Peace
- Child Abduction
- Child Abuse
- Criminal Threats
- Same-Sex Domestic Violence
- Spousal Abuse
- Intimidation
- Stalking
It is possible to have a positive outcome when there are additional charges. We have had great success when clients have been charged with multiple offenses and on some occasions we could get charges dropped or reduced.
Possible Defenses for Household Violence Allegations
California Penal Code 273.5 PC states that prosecutors must prove you purposely injured the alleged victim. However, in some situations, this harm may not have been intentional. We have found that in some cases, the defendant was simply trying to defend themselves or the alleged perpetrator was actually the victim. Our skilled Newport Beach lawyers have had great success proving self-defense, resulting in dropped domestic abuse charges.
What Happens When a Claimant’s Testimony Changes?
Alleged victims can change their minds about pressing charges. There are many different reasons why someone would do this. Either they had a change of heart, or they initially gave false information to the police. In this case, we sometimes feel the best option is to take the case to trial. If the plaintiff does not show up, the prosecutor may have to drop the case.
When the case involves a violent and dangerous individual, the police may subpoena the alleged victim and require them to testify. Prosecutors may then challenge the alleged victim’s testimony if they change their story and read the original statement. Our attorneys in the area could closely analyze the plaintiff’s statement to create a strong and effective defense in a domestic violence case.
Dropped Charges
When the police feel they have enough evidence to support their case, they give it to the District Attorney. The D.A. then decides if there is enough evidence to charge. If the plaintiff wants to drop the charges, investigators may interview them to see why they have changed their mind. In California, the District Attorney can still arrest and charge the individual with domestic violence even if the spouse no longer wants them to.
Penalties for Domestic Abuse in Newport Beach
Domestic violence is a “wobbler,” so it can be either a misdemeanor or a felony. The details of the case determine the severity of the charges. In Orange County, misdemeanor charges are punishable by up to one year in jail and a fine of up to $6,000. Felony domestic violence charges are punishable by up to four years in prison, probation, and substantial fines. A skilled lawyer in Newport Beach can work with prosecutors to possibly have a felony charge reduced to a misdemeanor.
Contact a Newport Beach Domestic Violence Attorney Today
Our attorneys at The Law Office of Scott D. Henry offer a free case evaluation to all new clients. We could discuss and examine the specifics of your case, while remaining free of any judgment and addressing any concerns you may have. Sharing your side of the story with our attorneys gives us the information we need to present your case effectively.
We are the leading criminal defense attorneys in our area. Contact our Newport Beach domestic violence lawyers for a free evaluation of your case. You deserve to have your rights protected and to receive a superior defense.