Newport Beach Domestic Violence Attorneys
Providing Skilled Defense in Orange County and Riverside
Are you facing charges for domestic abuse? To sway the court in your favor, you need to obtain experienced domestic violence attorneys that have won similar cases in the past. While a rookie defense attorney might be able to clear your name, placing your future in the hands of an amateur is a decision that should not be taken lightly. Regardless of whether you’re being charged with a misdemeanor or felony offense, the penalties of a conviction can affect you throughout your life and keep you from taking advantage of specific opportunities.
At the Law Offices of Randy Collins, our Newport Beach domestic violence attorneys know your rights. We have more than 45 years of combined experience to bring to fight charges on your behalf. Our lawyers will help you understand the charges you’re facing and do their best to work toward obtaining a favorable case outcome.
Learn more about your legal options by discussing your case with us during a free consultation. Call (844) 285-9559 today.
Domestic Violence Prosecution
In California, those arrested for domestic violence can expect to be prosecuted to the fullest extent of the law. However, just because you have been arrested does not mean you are going to be required to appear before a judge. A reputable lawyer will work to keep your case from ever reaching the inside of a courtroom. Being arrested does not mean you are guilty, and we understand that.
Domestic violence occurs when you cause injury to someone with whom you have cohabitated, had some type of romantic relationship, or share a child. Other situations involve 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 violations mentioned above occurred, handling officers will arrest the suspected abuser.
How an arrest will be prosecuted largely depends upon the facts of each defendant’s case. Before detaining someone for a suspected violation, authorities are required to verify that an offense occurred. Once some form of evidence has confirmed suspicions, officers then determine whether or not the violent acts were committed in a way that would be considered domestic violence.
Despite the evidence, there are usually multiple domestic violence defenses available, but it is important that each individual has their own personalized defense strategy that has been tailor-made for their case.
For prosecutors to secure a conviction, they must prove that an act of battery occurred and 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 convict you of abuse against a child, prosecutors would need to secure evidence that you caused or allowed your child to be harmed (physically or mentally), by:
- 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,
- Acting in a way that was likely to produce great harm or death,
- Acting negligently at the time of the offense, and
- Not engaging in reasonable disciplining of the child.
Domestic Violence Penalties
Those facing charges can anticipate the following maximum punishments:
- For misdemeanor abuse, defendants can face imprisonment for up to 1 year in county jail and fines of up to $1,000, plus payments of up to $5,000 to battered women’s shelters.
- Felony spousal abuse carries a maximum punishment of imprisonment for 2 to 4 years and fines of up to $6,000 for a first offense.
- For misdemeanor child abuse, offenders face imprisonment in county jail for up to 1 year.
- Felony child abuse can result in imprisonment for 2, 4, or 6 years, minimum probation for 48 months, 1 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.
Additionally, under California Penal Code 243(e) (1), a person convicted of battery against a family or household member may be fined up to $2,000 and/or sent to county jail for up to 1 year. If the individual is granted probation or a suspended sentence, they may be required to complete a batterer’s treatment program.
Domestic Violence Defenses
Charges of domestic violence most often happen because of a divorce, child custody dispute or other personal challenges. The charges may be used to get leverage to win these cases, and there are defenses you can mount to make sure that does not happen.
Two defenses against domestic violence charges are self-defense and de minimis infractions. The plaintiff may have suffered injuries because the defendant used physical force to defend themselves from harm. However, the doctrine of self-defense may justify the defendant’s actions if they believed the force was needed to protect them against the plaintiff’s use of unlawful force.
The defense of de minimis infractions, although not as strong due to the merit of conduct so minor that it could not be a criminal offense, there are many validated cases that have used this defense. Our attorneys know how to prove when someone is trying to use these charges to hurt you for other reasons that have nothing to do with the incident as well as showing proof that your actions were not criminal and were, in fact, nothing that should have been brought to the court at all.
Get a Former Prosecutor on Your Side
Our firm has several perks that will be beneficial to your case, the most important being the head partner’s experience as a former criminal prosecutor. Attorney Randy Collins prosecuted hundreds of individuals for misdemeanor and felony offenses and has an in-depth knowledge of the prosecution’s goals and strategies.
His experience has helped develop relationships with law enforcement and presiding judges that have established him as a premier defense attorney in California. When you have an attorney who has developed a reputation in the courtroom, your credibility and the court’s opinion of you can be effected in a beneficial way.
Each client of the Law Offices of Randy Collins has the benefit of having Attorney Collins’ unique expertise to create opportunities that may not have been available otherwise. When a prosecutor attempts to strike a deal, Attorney Collins uses his invaluable experience to make sure that you receive what is fair.
Over 45 years of Collective Experience
Thousands of Cases Successfully Handled
Former Deputy District Attorney
Impressive Track Record of Results
Highly Respected by Peers and Clients
Free Initial Consultation
Our hard work and dedication have created a reputation that precedes us, and you will need every advantage available when your freedom is on the line.
Domestic Violence Battery Case Dismissed
Spousal Abuse Charges Dismissed
Domestic Violence Case Dismissed
Domestic Battery with Corporal Injury Case Dismissed
Felony Domestic Violence Battery Case Dismissed