A 911 call by a neighbor or by a spouse in the heat of an argument can have you led away in handcuffs and facing charges for domestic violence. Consulting an experienced San Bernardino or Riverside criminal defense attorney at the onset of the matter is critical.
Even if you feel the entire incident is a big misunderstanding, you could face serious charges and harsh penalties if convicted. The law firm of Greenberg, Greenberg & Kenyon has successfully defended hundreds of clients in this very situation.
We offer more than 50 years of experience in the criminal justice system. Our San Bernardino and Riverside criminal defense attorneys are former deputy district attorneys who know first-hand how the prosecution works. The attorneys at our firm are committed to conducting a thorough investigation of each and every case.
California Domestic Violence Laws
Domestic violence can range from shouting or shoving match to domestic assault and battery resulting in serious injury. Virtually any altercation involving physical force or verbal threats of harm against a spouse, former spouse, live-in partner, boyfriend or girlfriend, parent, sibling, child, or any family member can and will be charged as domestic violence. At Greenberg, Greenberg & Kenyon, our firm’s San Bernardino and Riverside domestic violence attorneys offer a substantial background defending clients against domestic violence allegations, including:
- Physical abuse that results in a traumatic condition or any visible injury to the alleged victim
- Domestic battery against an intimate partner
- Physical abuse or endangerment of a child, known as child abuse
- Threats of serious harm intended to instill fear (criminal threats)
When police officers respond to a domestic abuse call, the alleged abuser is removed from the home, taken to jail, and is often served a restraining order. The alleged victim can file an order for protection to prohibit any contact with the alleged abuser. The order could even address temporary custody and support issues. Any firearms will also be taken away.
Under California domestic violence laws, domestic abuse can be charged as a misdemeanor or felony, depending on the circumstances. A misdemeanor conviction can carry up to a year in jail. If domestic battery is charged as a felony, you will be facing a possible prison sentence. Depending on how the case is charged, a felony conviction for domestic violence could also count as a strike under California’s three-strikes law. Violation of a restraining order is also a serious criminal offense that will result in a mandated arrest and potentially additional criminal penalties.
Misunderstandings and False Accusations of Domestic Abuse
Prosecutors will earnestly pursue a criminal domestic violence case even if the alleged victim declines to press charges. Domestic violence accusations are frequently leveled during a divorce or break-up to gain advantage in divorce and custody proceedings, or simply out of spite.
As former deputy district attorneys, we know how prosecutors think and how they handle these situations. We look at police reports and witness statements, prior offenses, and whether the alleged victim has made similar allegations in the past. We also evaluate all affirmative defenses, including self-defense.
Know What to Expect in Your Domestic Violence Case
Domestic violence cases often proceed to trial. However, we are skilled negotiators, and we will make every attempt to get your charges reduced or dismissed. In many cases, we can settle your case in San Bernardino or Riverside with the district attorney and avoid any jail time. If we are unable to resolve your case prior to trial, we will vigorously defend your case to a jury, in order to have you found not guilty.
Contact a Domestic Violence Defense Lawyer Today
During your free initial consultation, we will provide a frank assessment of your case, inform you of the potential outcomes, and explain how we can successfully defend your rights. Contact our law firm today to develop an aggressive defense strategy.