Salinas ​​​​​​Domestic Violence Lawyer

Domestic Violence Penalties in California

The penalties for domestic violence in California depend on the severity of the offense and whether the offender has prior convictions for domestic violence or other related crimes. Generally, domestic violence can be charged as either a misdemeanor or a felony in California.

If the offense is charged as a misdemeanor, the penalties can include the following:

• Up to one year in county jail
• A fine of up to $2,000
• Completion of a batterer's intervention program
• Probation

If the offense is charged as a felony, the penalties can include the following:

• Imprisonment in state prison for up to four years
• A fine of up to $6,000
• Completion of a batterer's intervention program
• Probation

In addition to these penalties, a conviction for domestic violence can also result in other consequences, such as loss of custody or visitation rights, mandatory counseling, and the requirement to surrender firearms.

California law also allows for enhanced penalties if certain aggravating factors are present, such as causing great bodily injury to the victim or having a prior conviction for domestic violence or a related offense.

Can Victims Drop Domestic Violence Charges in California?

In California, it is ultimately up to the prosecutor to decide whether to pursue domestic violence charges, not the victim. Once the police have been called and an arrest has been made, the case becomes a criminal matter, and it is up to the prosecutor to decide whether or not to pursue charges. The victim can express their wishes to the prosecutor, but the final decision rests with the prosecutor.

Sometimes, victims may want to drop charges or recant their testimony because they fear the consequences or have reconciled with the offender. However, the prosecutor may still pursue charges based on other evidence, such as witness statements, medical records, or photographs of injuries.

It is also important to note that in California, a victim of domestic violence does not have the power to drop or dismiss a restraining order. If a restraining order has been issued, the victim must go to court to request that the order be modified or dismissed.

Defense Strategies for Domestic Violence Charges

Several potential defense strategies may be available in a domestic violence case, including:

1. Self-defense: If you were acting in self-defense, you may be able to argue that your actions were necessary to protect yourself from harm.
2. False accusations: The alleged victim may have made false accusations or exaggerated the extent of the abuse. Your attorney may be able to challenge the credibility of the alleged victim and demonstrate that the charges are unfounded.
3. Lack of evidence: To obtain a conviction, the prosecution must present sufficient evidence to prove the charges beyond a reasonable doubt. If there is a lack of evidence, your attorney may be able to argue that the case should be dismissed or the charges reduced.
4. Consent: In some cases, the alleged victim may have consented to the conduct that is the basis of the domestic violence charge. If this is the case, your attorney may be able to argue that the conduct was consensual and, therefore, not illegal.
5. Mental state: Depending on the circumstances of the case, your attorney may be able to argue that you lacked the necessary mental state to commit the offense, such as if you were acting involuntarily or were under the influence of drugs or alcohol.

It is important to work closely with an experienced Salinas domestic violence lawyer who can help you determine the most appropriate defense strategy based on the facts of your case. Your attorney can also help you understand your legal rights and options, negotiate with the prosecutor, and represent you in court.

Contact Our Salinas Domestic Violence Attorney for Legal Support

Obtaining legal representation from The Worthington Law Centre is critical if you have been accused of domestic violence in Monterey County. Domestic violence allegations can seriously impact your personal and professional life, damaging your reputation, straining your relationships, and limiting future opportunities. Our domestic violence attorney in Salinas can help you understand the charges against you, develop a strong defense strategy, and represent you in court. With our attorney by your side, we can protect your rights and work towards a positive outcome in your case.

Contact The Worthington Law Centre today to schedule a FREE consultation with our domestic violence lawyer in Salinas! ​​​​​