Sacramento Domestic Violence Lawyer

Domestic violence laws in Sacramento are in place to protect individuals who are in abusive situations that involve intimate or familial relationships in the home. Individuals facing domestic violence charges, however, can face serious negative consequences, such as jail or prison time, fines, and a loss of rights and access to housing and professional opportunities. If you are facing such charges, a Sacramento domestic violence lawyer from Tully & Weiss can support you.

Understanding Domestic Violence in California

Domestic violence involves behavior, actions, or threats of abuse carried out by an individual towards a family member, spouse, domestic partner, cohabitant, former spouse, or person with whom they have a shared child. California Penal Code Section 273.5 generally defines domestic violence to involve instances of emotional, psychological, and physical abuse.

Incidences of domestic violence can include emotional abuse, such as intimidation, verbal threats, or the manipulation of a person, in addition to psychological abuse, which involves control over a person or attempts to isolate them from others. Domestic violence also involves more well-known instances of physical and sexual assault, such as hitting, choking, and non-consensual sexual interactions. Stalking and harassment can also be domestic violence.

Domestic Violence Charges in Sacramento, California

Domestic violence crimes can be classified as either a misdemeanor or a felony in California. Crime classifications are dependent on factors such as whether the victim was injured, the nature of the incident, and whether the offender has prior offenses on record. The domestic violence charges most commonly seen at Tully & Weiss are governed under California Penal Code Section 243(e)(1) and California Penal Code Section 273.5(a).

Domestic Battery Crimes

Domestic violence battery is a crime that includes the use of violence or force against an intimate partner, such as a cohabitant or spouse. While other types of domestic violence require the victim to have visible injuries, this crime does not require physical evidence in order to be brought forward. Charges can be brought under this statute – California Penal Code Section 243(e)(1) – for minor actions of force like a push or grab.

Domestic battery crimes are typically charged as misdemeanors, with subsequent penalties being a maximum of one year in county jail, a fine of up to $2,000, probation, and mandatory attendance of an anger management program or counseling. Even though this crime is charged as a misdemeanor, it can still have a serious impact on a defendant’s life. Therefore, individuals facing charges of domestic battery should work with a skilled criminal defense lawyer.

Corporal Injury on a Spouse or Cohabitant

California Penal Code Section 273.5(a) defines corporal injury domestic violence crimes as those that lead to a traumatic condition – or visible injury – for an intimate partner, such as a spouse or cohabitant. Traumatic conditions can include scrapes, cuts, bruises, and other evidence of physical damage. These charges are more serious than domestic battery crimes, as they involve more severe incidences of violence.

Corporal injury can either be a felony or misdemeanor crime, depending on the seriousness of the injuries and the criminal history of the defendant. A conviction for this type of domestic violence crime can be up to one year in county jail if it is charged as a misdemeanor or a maximum of four years in state prison if the offense is categorized as a felony. Additional time can be assigned if the victim shows serious bodily injury.

As a corporal injury on a spouse or cohabitant crime is a severe accusation that can come with not only serious criminal penalties but also be disastrous to a person’s personal and professional life, it is crucial to work with an experienced criminal defense lawyer. A Sacramento domestic violence lawyer from Tully & Weiss can help you build a strong defense to fight your domestic violence charges.

Collateral Consequences for Domestic Violence Convictions

Although domestic violence convictions can lead to jail or prison time, in addition to exorbitant fines and mandatory program attendance, they can reach even further than that – impacting all aspects of an individual’s life. If you are facing charges of domestic violence, you could potentially be facing the following further consequences:

• Restraining orders. Depending on the details of the domestic violence case, a court may issue a restraining order or protective order to keep the defendant from coming in contact with the victim. Restraining orders may also restrict the distance that the defendant can be within the proximity of the victim or their family, and may even require them to move out of a shared home. These orders can be of a temporary or permanent nature.
• Criminal record. Domestic violence convictions lead to permanent criminal records, which can negatively impact an individual’s ability to secure employment prospects, housing opportunities, and professional certifications. Housing agencies and businesses commonly carry out background checks to vet an individual, and a domestic violence conviction can impose challenges to being accepted for such opportunities.
• Parental rights. A domestic violence conviction can lead to a loss of child custody and visitation rights. As California courts put the well-being and best interests of the child first and foremost when deciding on custody arrangements, a domestic violence history can commonly lead to reduced or supervised visitation. In some cases, custody and visitation rights may be completely taken away.
• Immigration challenges. Non-citizens convicted of domestic violence crimes can face serious immigration consequences, such as triggered removal or deportation proceedings, denial of green card renovation or citizenship, and even deportation. Lawful permanent residents are also subject to threats to their immigration status, even for having some minor crimes on their criminal record.
• Gun rights. People who are convicted of domestic violence crimes can be kept from possessing or owning firearms under both federal and state law. For those who receive a domestic violence misdemeanor conviction, California law typically calls for a 10-year ban on firearms. Those convicted of felony domestic violence crimes can lose their gun rights for life, with violations of these bans leading to further criminal charges.

If you are facing domestic violence charges in Sacramento or surrounding areas, a seasoned criminal defense lawyer from our firm can analyze the details of your charges and the evidence available to help you understand the potential penalties you may be facing. We can take steps to ensure an outcome that minimizes negative consequences.

Domestic Violence Defense Strategies

Those facing accusations of domestic violence should work with an experienced criminal defense lawyer to build up a strong defense. The legal team at Tully & Weiss has years of combined experience successfully defending individuals against criminal defense charges. Depending on your case details, we can help you leverage the following legal strategies:

• Claiming self-defense. A common defense strategy in domestic violence cases involves claiming that the individual who inflicted violence did so to protect themselves or another person they perceived to be in danger. Self-defense is a legal justification for acts of violence in California courts. A skilled lawyer can help you use this tactic by collecting critical evidence and demonstrating that you inflicted violence out of necessity to stop injury from happening.
• Proving lack of evidence. In criminal cases, the prosecution has the burden of proving the defendant committed the crime beyond a reasonable doubt. A proficient domestic violence defense attorney can challenge the sufficiency or validity of the evidence to bring to light the weakness of the prosecution’s case. By showing a lack of witness testimony or visible injuries, for example, an attorney can work to get a reduction of charges or even case dismissal.
• Accidental injury. If the victim was injured in an accident, such as during the excitement of an argument or a physical encounter that was not intended to harm them, a lawyer can work to show evidence that the incident was accidental. By leveraging this strategy, they can help reduce charges or dismiss them.
• Mutual combat. The defense strategy of mutual combat may be applicable in circumstances where each party decides to actively engage in a physical altercation. In such cases, it is not possible to solely blame one person for the accident. A lawyer can exercise this legal strategy to fight for a reduction of charges or alternative sentencing, such as mandatory counseling.

By considering your case details, an experienced attorney from our firm can design a tailored defense strategy to get your charges reduced or even dismissed. They can bring forward strong evidence to challenge the prosecution’s case, serving as your biggest advocate in the courtroom.

The Urgency of Contacting Legal Representation Now

If you are dealing with charges of domestic violence, the general rule is that the sooner you can get in contact with the legal representation, the better chances you have of a positive outcome. An attorney can immediately help you understand your rights, ensuring you do not accidentally implicate yourself during the interrogation process.

If you are facing restraining orders, a lawyer can help you immediately contest these and work to help you regain access to your home and your children. A domestic violence lawyer can come to the scene of the alleged client’s crime to collect evidence and interview any witnesses, as well as go over the police report to build a robust defense. They can also work to immediately negotiate with prosecutors to reduce charges or seek alternative sentencing.

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