Prosecution Explained By Experienced OC Domestic Violence Lawyers
The ways in which an arrest will be prosecuted largely depends upon the facts of each individual defendant’s case. Prior to detaining someone for a suspected violation, authorities are required to verify that an offense did occur. Once suspicions have been verified by some form of evidence, officers then determine whether or not the violent acts were committed in a way that would be considered acts of domestic violence.
Despite evidence, there are usually multiple domestic violence defense strategies available, but it is important that each person has their own personalized defense strategy that has been tailor-made for their case. Domestic violence occurs when someone with whom you have cohabitated, had some type of romantic relationship, or is the parent of your child suffers some type of injury because of you. Other situations involving children, either by committing battery against your own children or the children of someone with whom you have been espoused or cohabitated (CPC 273.5), or by allowing harm to come to your child through either an intentional act or by negligent failure to act.
If evidence implies that the above mentioned violations did occur, handling officers will arrest the suspected abuser.
In order for prosecutors to secure a conviction against you, they will need to be prepared to prove that an act of battery occurred, that the act occurred against your spouse, ex spouse, cohabitant or former cohabitant, parent of your child, or someone that you were dating or in a relationship with and that you were not acting in self-defense or in defense of another.
To successfully convict you of abuse against a child prosecutors would need to secure evidence that you caused or allowed to cause your child to be harmed (physically or mentally), by 1) Intentionally inflicting or causing or permitting physical pain or mental suffering to a child, or while having custody of a child, causing or allowing the child’s injury or endangerment, 2) Acting in a way that was likely to produce great harm or death, 3) were acting negligently at the time of the offense, and 4) that you Were not engaging in reasonable disciplining of the child.
Domestic Violence Penalties
Those facing charges can anticipate the following maximum punishments:
For misdemeanor abuse, defendant’s can face imprisonment for up to one year in county jail and fines of up to $1000, plus payments of up to $5000 to battered women’s shelters.
Felony spousal abuse carries a maximum punishment of imprisonment for 2-4 years and fines up to $6000 for a first offense.
For misdemeanor child abuse, offenders face imprisonment in county jail for up to one year.
Felony child abuse in California can result in imprisonment for 2, 4, or 6 years, minimum probation for 48 months, one year of participation in a child abuser’s counseling program and payment of fees, and random drug tests during probation if you were on drugs at the time of the incident.
Those facing any of the above charges are encouraged to contact one of our skilled domestic violence lawyers.
Will I Lose My Job?
- It depends on what type of job you have. A conviction in Orange County can negatively affect your employment opportunities. Those who receive a felony on their criminal record are required to tell potential employers about it. Also, some companies have a strict “no felon” policy. So, if you are currently working with an employer and receive a felony on your record, you may end up losing your job, but this largely depends upon the policies put in place by employers.
Will I Lose Custody of My Kids?
- Courts that deal with custody of minor children are designed to protect kids. If you are convicted of a serious criminal offense in which whether or not your children are safe can be called into question, custody may become an issue. Speaking with an attorney will help you better assess the situation.
I Was Falsely Accused. What Can I do?
- False accusations are far more common than people would like to believe. If you were falsely accused of committing domestic violence, there are several opportunities for you to expose your accuser. Speaking with a skilled abuse defense attorney about your case will help you to evaluate your accuser’s inconsistencies and prove your innocence.
Orange County Domestic Violence Assistance
Our Orange County domestic violence attorneys have more than 40 years of combined legal experience fighting domestic abuse cases and they will work tirelessly on your behalf. Contact us today to take advantage of a free domestic abuse case evaluation with one of our experienced attorneys. The case evaluation is free and there is no obligation to retain our services.