Domestic violence occurs when one member of a relationship uses physical or emotional abuse to gain power or control. This abuse can occur between family members, spouses, a child and a parent or between cohabitants. If you have been accused of domestic violence, you may be facing years in prison, heavy fines and counseling. Very little is needed to formally charge someone with domestic violence in the state of California and a conviction can lead to a minimum of three years of probation, jail time and may possibly alter child custody or alimony.
What penalties could I be facing?
If you have been arrested for a domestic violence disturbance, you may be facing harsh penalties. Under California Criminal Code §273.5, any violence or abuse against a spouse, cohabitant or parent can result in the charge of domestic violence. Not much is needed to arrest someone and charge them; a small skin injury such as a laceration or bruise and a statement against the alleged aggressor can be enough for law enforcement officials to place someone in custody.
There are many times that arrests are made simply on a he-said/she-said basis. Sometimes former spouses will make completely false claims against someone in order to receive an advantage in a court proceeding or child custody case. If you are wrongfully convicted, or found guilty of these charges, you may be facing either a misdemeanor or a felony charge. Probation, jail time, fines and payments to a battered-women’s shelter and anger management classes are common punishments for those found guilty.
The San Jose Domestic Violence Defense Attorney for You
Experienced in the field of criminal defense law, I am intimately familiar with the laws and procedures of domestic violence cases in northern California. Whether the allegations that have been made against you pertain to physical abuse, emotional abuse, sexual abuse, or something else, you can turn to my firm for the help you need. In any of the following situations, I may be able to apply the aggressive defense you need to effectively drop the allegations that have been made against you:
Child abuse charges can stem from slapping, pushing, or any other form of physical contact. Some cases even involve claims of neglect or emotional abuse. No matter what type of allegation has been made against you, the penalties of a conviction are harsh.
Title VII of the United States Civil Rights Act enforces stringent consequences for individuals who are convicted for harassment, whether physically, sexually or emotionally. To protect yourself against the penalties you stand to face, speak with a San Jose domestic violence defense attorney as soon as possible about the defenses that can be used on your behalf.
To prove that you are guilty of kidnapping, a prosecuting attorney will argue that you detained a person without their consent and forcibly moved them across a substantial distance. An experienced San Jose domestic violence lawyer can help you challenge this argument and prove that the allegations that have been made against you are unfounded.
Restraining orders can result from instances of domestic violence, harassment or any other type of threatening behavior that could jeopardize another person. Violating a restraining order could lead to significant penalties, so it is important to understand the specific restraints of your order.
The physical or emotional battery of another person is classified as spousal abuse and convictions for this offense are harsh. Physical, sexual, emotional and even psychological abuses can be tried in court and convicts may face jail time, anger management classes and more.
Types of Abuse
Different types of abuse call for different approaches within the legal system. That being said, you need an attorney whose legal strategies can be applied to any type of abuse for which you may be facing criminal allegations.
What to do After an Arrest
It is important that following an arrest for domestic violence, that you obtain a San Jose domestic violence defense attorney as soon as possible. I am Edward N. Ajlouny, Attorney at Law, and I will strongly defend your case. I have assisted countless clients in building strong defenses for their domestic violence charges. When you work with me, I will help you gather all evidence to help drop the charges against you or reduce your sentencing. Regardless if your charges are in assault, battery, rape, physical abuse or mental abuse, I can assist. Contact a San Jose domestic violence attorney today to schedule a free consultation and to work on building a strong domestic violence defense.