At the Law Offices of Scott D. Henry, our Murrieta domestic violence lawyers are unwavering advocates for those falsely accused of household abuse. We know there are many reasons why an individual would falsely accuse someone of family violence and are committed to making sure that the real story is heard.
If you have been accused of domestic violence, we urge you to immediately speak with our skilled criminal defense attorneys. The consequences of a domestic abuse allegation are immediate, so it is essential to act quickly. Our legal team could work to protect your rights and best interests while building a winning strategy in your defense.
Domestic Violence Arrests in Murrieta
According to California Penal Code 273.5 PC, domestic violence is considered abuse or threats of abuse by a person who is in a personal relationship with the alleged victim. It is a blanket term that refers to acts of physical, sexual, and emotional abuse that include cyberstalking, stalking, false imprisonment, rape, assault, battery, and false imprisonment. In California, domestic violence is a “wobbler,” meaning it can be charged as a misdemeanor or a felony. When law enforcement is dispatched to a possible family violence situation, there are several steps they must take.
First, officers must make an arrest if there is any evidence of an injury. Law enforcement must offer an emergency protective order to the alleged victim. An EPO can be issued immediately and goes into effect for a week, giving the victim the opportunity to pursue a more permanent order. When both parties show signs of injury, the police must determine the primary aggressor in the incident and place them under arrest. Any restraining or protective order violations must result in an arrest. Additionally, law enforcement must complete a police report and forward a copy to the District Attorney’s office for review. If you have been arrested for domestic violence, a lawyer in Murrieta could help you prepare for the upcoming legal process.
Penalties for Family Violence in Murrieta
Local prosecutors zealously prosecute any act of domestic violence. A domestic abuse conviction carries far-reaching penalties that can have long-lasting effects. Misdemeanor convictions carry penalties of up to one year in jail, informal probation, and a maximum fine of $1,000. Felony DV convictions carry penalties of up to four years in state prison, felony probation, and steep fines. Depending on the case’s specifics, additional penalties may include a restraining order, a loss of child custody and visitation privileges, a loss of the right to own or possess a firearm, a mandatory 26-week anger management course, and a mandatory 52-week rehabilitation course. A domestic violence conviction also can severely impact your personal and professional relationships and greatly damage your reputation. One of our attorneys in Murrieta could help avoid or minimize the potential penalties associated with a domestic violence charge.
Defenses for Domestic Abuse Charges
It is essential to have competent and aggressive legal representation when faced with an accusation of domestic violence. To receive the best possible outcome, our experienced domestic abuse defense attorneys in Murrieta could review the specifics of your case to build an effective defense strategy. Several solid arguments may be appropriate, including but not limited to:
- Acting in self-defense or the defense of others.
- The incident in question was an accident.
- Being falsely accused.
- The alleged injuries were not a result of the defendant’s actions.
- There is insufficient evidence to support a conviction.
Speak with a Murrieta Domestic Violence Attorney
At the Law Offices of Scott D. Henry, our Murrieta domestic violence lawyers know precisely how household abuse cases are investigated and prosecuted. We have long-standing relationships with district attorneys and judges that help us negotiate effectively on your behalf.
If you have been accused of or charged with household violence, it is imperative that you immediately obtain skilled legal representation. Harsh consequences are immediate when facing an allegation of domestic abuse. That is why you need an attorney with the experience and resources necessary to obtain a positive resolution to your case. Contact our offices today for a free case analysis and let us begin fighting for your freedoms and future.