If you have been accused of abusing a family member, finding a knowledgeable Moreno Valley domestic violence lawyer is essential. At the Law Offices of Scott D. Henry, we understand exactly how much is at stake. Immediate consequences can be felt, such as a restraining order and a tarnished reputation. Our criminal defense attorneys believe that everyone is innocent until proven guilty and we could fight aggressively to preserve your rights, reputation, and freedom.
What is Domestic Violence?
In California, domestic violence is any act that involves harm or a threat of harm toward a family member or someone you live with. Actions that may constitute family violence include domestic assault, domestic battery, child abuse, child endangerment, elder abuse, criminal threats, stalking, cyberstalking, false imprisonment, and kidnapping. Domestic abuse can be charged as a misdemeanor or felony under California Penal Code 273.5 PC. An attorney in Moreno Valley could determine how to proceed with a particular domestic violence case based on the accused offense.
Elder Abuse
When people hear the term “domestic abuse,” many do not immediately think of elder abuse. However, it is a common form of domestic violence that can have devastating consequences. Elder abuse is considered any form of financial abuse, infliction of mental suffering, or physical assault involving anyone over the age of 65 or a dependent adult with mental of physical limitations. Typically, the perpetrator of the abuse is a caregiver or family member. Elder abuse crimes can be charged as a misdemeanor or felony and include penalties of up to four years in prison and fines of up to $10,000.
False Imprisonment
False imprisonment is defined under California Penal Code 236 PC as an unlawful infringement of another individual’s freedom. In simpler terms, false imprisonment is any confinement, restraint, or restriction of someone into one place. To be found guilty, the prosecution must prove you willfully and unlawfully held, restrained, or confined someone and that this was done against the alleged victim’s will.
What are the Penalties for Domestic Abuse in Moreno Valley?
Domestic violence convictions carry severe consequences. The penalties include up to one year in jail for misdemeanor convictions and up to four years in prison for felony offenses. Additional penalties may include hefty fines, formal or informal probation, victim restitution, and a restraining order against you. Additionally, defendants may lose custody of their child, the right to own or possess a firearm, and the ability to obtain professional licensing. Depending on the offense offenders may have to complete a mandatory anger management course as well as alcohol or drug courses. A Moreno Valley lawyer could help you avoid or minimize the potential penalties of a domestic violence charge.
Defenses for Family Violence
Domestic violence convictions result in severe legal penalties. However, there are several arguments that a lawyer in Moreno Valley could use in a domestic abuse case that may prove effective. Common defenses include but are not limited to:
- Self-defense or the defense of others
- False accusation
- Insufficient evidence
- Lack of Intent
Contact a Moreno Valley Domestic Violence Attorney
If you are facing domestic abuse allegations, you need an attorney who is both aggressive and knowledgeable. Our experienced Moreno Valley domestic violence lawyers at the Law Offices of Scott D. Henry have what it takes to skillfully defend you against charges of domestic abuse. We are committed to defending those facing serious criminal charges and could do everything within our power to protect your best interests. Contact our offices today for a free, confidential case analysis.