A 911 call by a neighbor or by a spouse in the heat of an argument can result in you being led away in handcuffs and facing charges of 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 80 years of combined experience in the criminal justice system. Our San Bernardino and Riverside criminal defense attorneys are former deputy district attorneys who know firsthand how the prosecution works. The attorneys at our firm are committed to conducting a thorough investigation of each case.
What is Domestic Violence?
Domestic violence is sometimes called domestic abuse or intimate partner violence. The definition of this behavior is a pattern of abuse in a relationship used to gain power and control over an intimate partner. Domestic violence can be psychological, economic, emotional, or sexual, but always includes acts or threats meant to influence the other person. Frightening, injuring, humiliating, intimidating, manipulating, terrorizing, blaming, or hurting another person all fall under domestic violence.
Domestic violence has virtually no boundaries, occurring in all races, ages, genders, religions, and sexual orientations. Couples who are married, dating, or living together, regardless of their socioeconomic status or education, can experience domestic violence. Other victims of domestic abuse can be children, relatives, or any other household members. Incidents of domestic violence are rarely isolated, tending to escalate in frequency and severity over time. According to one Florida domestic abuse shelter, the following facts are true regarding domestic violence:
- One out of every three women will be abused at some point in their lives.
- Domestic violence is the single major cause of injury to women.
- About thirty percent of Americans know a woman who has been physically abused by her spouse or partner.
While these statistics are certainly alarming, each situation is different, and in some cases, a man—who might be the victim—is automatically arrested with few questions asked. Because of this, if you have been arrested and charged with domestic violence, you need a skilled legal advocate on your side immediately. Hiring a Riverside domestic violence attorney from Greenberg, Greenberg & Kenyon can make a difference in the outcome of your charges.
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.
How Long Could You Go to Jail for Domestic Violence Charges?
Under California Penal Code 243 (e) (1), “domestic battery” is a misdemeanor offense, while California Penal Code 273.5, “inflicting corporal punishment on an intimate partner,” is either a misdemeanor or a felony offense, depending on the circumstances. A felony conviction for spousal abuse can include penalties of two, three, four, or five years in a California state prison, while a misdemeanor conviction can result in up to a year in county jail, along with fines as high as $7,000. If the individual has a prior conviction for this offense within the past seven years, sentencing enhancements may be added.
In addition to jail, prison, and fines, consequences for a conviction for domestic violence can include:
- Victim restitution
- Domestic violence classes (batterer’s intervention program)
- A protective order
- Loss of custody rights
- A criminal record
- Difficulty obtaining employment
- Loss of Second Amendment Rights/GUN Rights
- Deportation for non-U.S. citizens
- Summary probation (misdemeanor)
- Formal probation (felony)
The amount of time spent in custody is the biggest concern for most people facing domestic violence charges since a conviction can result in up to five years in prison. Probation can also last for up to five years, with a minimum of three years for a felony domestic violence conviction. A violation of probation could bring additional criminal charges.
What Are Some Defenses Against Domestic Violence Charges?
Your Riverside domestic violence attorney will carefully craft a defense based on the facts and circumstances surrounding your charges. The police report on the incident will also factor into your defense. Your attorney will ask questions like:
- What did you tell the police?
- Were there witnesses to the incident?
- How recent are the victim’s injuries?
- Was there a sign of physical struggle?
- Were any of the parties inebriated?
- Do you have prior charges of domestic abuse?
- Did you make any statements to the police that could potentially incriminate you?
Some common defenses to charges of domestic violence include:
- Actual innocence—you did not commit an act of domestic violence. Perhaps there were witnesses that could corroborate your story, or you may have an alibi that places you somewhere else.
- The alleged victim lied about the incident. If you are in the middle of an acrimonious divorce or child custody battle, your ex may attempt to gain an advantage by falsely accusing you of domestic violence.
- The incident occurred, but it was an accident. You are not denying the incident occurred but rather stating it was an accident and the injury was unintentional.
- You were defending yourself, your children, or another person.
- The allegations against you cannot be proven beyond a reasonable doubt. Your attorney may find that the alleged victim has made false accusations before this time, so his or her version of the story may not stand up to questioning.
- Your rights were violated, or the police made investigative errors. Perhaps your interrogation was not recorded, you were not properly Mirandized, you asked for an attorney but the police continued questioning you, the police failed to collect physical evidence that could exonerate you, or they failed to question witnesses to the incident.
Contacting a Riverside Domestic Violence Attorney Near You
It can be a stressful, frightening time after being charged with domestic violence. You may be unsure of what you need to do to protect yourself and your future. This is not a time to try and handle your criminal defense on your own. You need a highly experienced Riverside domestic violence attorney from Greenberg, Greenberg & Kenyon. It can feel overwhelming to find a skilled domestic violence attorney.
Contact a Riverside Domestic Violence Attorney from Greenberg, Greenberg & Kenyon 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 you and your freedom. At Greenberg, Greenberg & Kenyon, our former District Attorneys are now experienced criminal defense lawyers. We have a broad understanding of how prosecutors approach criminal cases and how we can negotiate reduced charges or a reduced sentence. We work as a father-son team, and our team has handled many criminal defense cases across California. Contact our law firm today to develop an aggressive defense strategy.
