Domestic Violence

Do Not Let Accusations of Domestic Violence Ruin Your Life

Just being accused of domestic violence can be enough to ruin your life. People can turn against you. You might lose your home. Parents often can’t see their children. This can feel like a truly helpless place to be but the good news is that it is not. You deserve to have someone on your side and that someone is Simmons Wagner, LLP. Call us now at (949) 439-5857 to request your consultation.

The Basics of Domestic Violence Crimes in California

In the state of California, domestic violence laws make it a crime to “harm, or threaten to harm” an intimate partner or other protected person. There are several types of domestic violence crimes including:

  • Corporal injury to a spouse or inhabitant
  • Domestic battery
  • Child abuse
  • Child endangerment
  • Child neglect/failure to provide care
  • Elder abuse
  • Criminal threats
  • Stalking
  • Damaging a phone line
  • Aggravated trespass
  • Revenge porn
  • Posting harmful info on the internet

At Simmons Wagner, LLP we can help you with these and other domestic violence charges. Call us at (949) 439-5857 to get started.

Potential Penalties for Domestic Violence Convictions

Domestic violence charges can be misdemeanors or felonies, depending on the specific charge and the specifics of the alleged crime. Potential punishments can include:

  • Mandatory jail time
  • Fines
  • Restitution to the victim
  • Required participation in domestic violence classes
  • Being subject to a restraining order
  • Permanent criminal record
  • Loss of custody rights
  • Loss of the right to own a gun
  • Immigration consequences for non-citizens, up to and include deportation
  • Summary probation
  • Formal probation

Your best bet to reduce the potential consequences is to work with a domestic violence attorney who can help you fight.

There Are Many Possible Defense Options to Charges of Domestic Violence

It is important to know that there are many different legal defenses that you might be able to assert. Some of the most common including showing that:

  • The injury was an accident
  • The alleged victim’s injuries were caused by something other than your actions
  • You were defending yourself or someone else
  • You have been falsely accused

In the event that there is a wealth of evidence against you, the best option might be to negotiate a plea bargain for a lesser offense. This can help you avoid many of the consequences. Some of the lesser offenses that can often be plea bargained to are:

  • Criminal trespass
  • Disturbing the peace

Pleading guilty to either of these crimes will not affect your right to own a firearm, will not result in automatic custody rights, and will not have immigration consequences for non-citizens.

A Pre-Trial Diversion Might Be the Best Way Forward

Pre-trial diversion is a legal strategy in which an attorney works to get you a deferred entry of judgment (DEJ). This means that you will be required to complete a domestic violence program, but if you do that and meet other requirements, then your charges will be dismissed and, for most purposes, it will be as though you were never arrested.

Not everyone is eligible for pretrial diversion. It will depend on the charges, where you live, and your criminal history, amongst other factors. When you contact Simmons Wagner, LLP at (949) 439-5857 for help, we can go over potential DEJ and pre-trial options.