When An Argument At Home Takes A Turn
Every one of us has gotten into an argument with someone close to us. Many things can cause tempers to flare. But when the argument ends in a domestic violence charge, it’s time to seek professional legal counsel. Law Office of Adrienne Dell has earned a reputation for excellence in San Jose criminal defense. She understands that a criminal charge is only half the story. She works to ensure that your side of the story is also understood so that a judge or jury are not basing their findings on partial facts. Call 408-217-2575 to speak with Ms. Dell about your situation.
Why It’s Important To Defend Against Domestic Violence Charges
A domestic violence charge can result if there is a dispute between family members or intimate/formerly intimate partners. Often times, police are called in the heat of anger and events are exaggerated when related to law enforcement. The complaining witness often wants charges to be dropped. Sometimes, the victim becomes the accused. It is always in your best interest to seek the guidance and representation of an attorney in order to see that your rights are protected and that appropriate actions are taken.
The reason to have representation is that a domestic violence conviction has long-lasting implications. You may be required to attend a year of counseling and anger management or parenting classes. A protective order can make it difficult or impossible for you to enter your home or see your children. Additionally, you will have a criminal record and not be able to carry or own a firearm, even if that is required for your job. A criminal record can also affect your career, where you aren’t able to get housing or are denied future opportunities.
Frequently Asked Questions About Domestic Violence
If you are facing domestic violence allegations in California, you must take them seriously. They can result in serious ramifications like jail time, fines and a permanent record – and they can also affect child custody rights. You may have questions as you consider your defense options, so below are a few common questions posed to domestic violence lawyers:
What are the consequences of a first-time domestic violence conviction?
It does depend on the severity of the case. If it is a first-offense misdemeanor for domestic battery, you may have to serve up to a year in jail and pay fines of up to $1,000. The other party could also take a restraining order out against you, and you may have to go to domestic violence classes.
However, there are aggravating factors that could escalate the charges and the potential sentences. For instance, if you were violating a protective order that already existed or if the other person suffered serious injuries, then it may be a felony charge. The same is true for domestic violence charges where weapons or dangerous objects were used. If it is a felony, this can lead to higher fines, longer jail sentences and a permanent record that affects your ability to own a firearm, get a job, have custody of your children and much more.
What is the punishment if I am charged with a second or third domestic violence offense?
Second or third domestic violence convictions often lead to longer sentences. For instance, the jail term could be up to three years for a second offense, and the third offense could make it a felony. Additionally, repeat offenses can sometimes trigger mandatory minimum sentences. In some cases, California’s Three Strikes Law may come into play. When a third domestic violence conviction is a felony and satisfies this requirement, the judge can issue a sentence of 25 years to life in prison. While you need to take any charge seriously, subsequent charges clearly carry more weight than a first offense.
Can a domestic violence charge affect divorce proceedings or child custody?
Yes. Criminal convictions and allegations of domestic violence are two things that the court can consider when determining child custody rights. If you have a conviction, they could take away your custody rights if you already have them, or the court may give sole custody to your ex if you are going through a divorce. In some cases, there may be other options, such as supervised visitation, but it depends on the case. Either way, this can drastically change how child custody rights are divided.
Can domestic violence charges or convictions be expunged?
It is possible, although expungement is never a guarantee. You may have the option to have the record expunged, which essentially seals it so that it will not show up on a background check. But it is important to note that this is different than erasing the conviction. That record still exists and can be accessed in some situations, such as by law enforcement agencies.
Furthermore, not everyone qualifies for expungement. You must have completed the terms of your sentence, paid any fines and completed probation. If you had to spend time in state prison, then you may not be eligible. Additionally, your eligibility may be revoked if you are currently facing new criminal charges, even if they are not for domestic violence, such as drug charges, assault charges or drunk driving charges.
These answers can help you as you begin to build your case. If you have any further questions, you can get the answers you seek at an initial consultation.
Act Sooner Rather Than Later When Facing Charges
It can be difficult to know what to do or say when you have been charged with domestic violence. This is why getting legal representation as soon as you can is so important. Call attorney Adrienne Dell at 408-217-2575 and set up a consultation to find out how she can help. She will let you know what to do next, as well as what not to do to protect your rights. You can also reach the firm by sending an inquiry email. Ms. Dell serves clients throughout Santa Clara County.