California law severely punishes persons convicted of domestic violence crimes. If you have been accused of, arrested for, or charged with any act of domestic violence in Arcadia, your rights and freedom are at risk. Having an experienced Arcadia domestic violence lawyer on your side can help.
Simmrin Law Group is a criminal defense law firm that represents clients in Arcadia and surrounding areas. We fight to defend our clients’ constitutional rights and freedoms after they have been charged with violations of California domestic violence laws. Contact an Arcadia domestic violence attorney for help today.
Overview of California Domestic Violence Crimes
In California, domestic violence generally consists of any abuse committed against someone who is:
- Your spouse.
- Your former spouse.
- Your cohabitant (someone you live with for a substantial period of time).
- Your former cohabitant.
- A person with whom you have had a child.
- A person with whom you have or have had a dating or engagement relationship.
Importantly, this means that under California law it is possible to be convicted of a crime of domestic violence against someone even if the alleged crime happened when you were no longer living with that person, or when you were no longer in a relationship with them.
Here is a summary of four commonly charged domestic violence crimes in California.
Infliction of Bodily Injury Resulting in a Traumatic Condition
It is a felony under the California Penal Code to “willfully inflict corporal injury resulting in a traumatic condition” on any one of the persons listed above. A traumatic condition is defined as any wound or external or internal injury, whether minor or serious in nature, caused by physical force. This includes wounds resulting from strangulation or suffocation.
Domestic Violence Battery
The Penal Code defines the crime of battery as “any willful and unlawful use of force or violence upon the person of another.” You can be convicted of battery against any one of the persons listed above even if your actions did not result in an injury, which is what distinguishes this crime from the crime of infliction of bodily injury resulting in a traumatic condition described above.
Rape and Sexual Battery
In California, non-consensual sexual intercourse (rape) and non-consensual sexual touching (sexual battery) are serious crimes. The mere fact that the victim was your spouse or intimate partner does not necessarily mean that you had their consent to engage in sexual intercourse or touching. These crimes are often charged if the alleged rape or battery took place when the victim was restrained or unconscious, or if it involved the use of force.
Violation of a Protective Order or Domestic Violence Prevention Order
The California Family Code authorizes courts in the state to issue protective orders and domestic violence prevention orders that, among other provisions, prohibit or limit contact between a person accused of domestic violence and the accuser. It is important to take those orders seriously, no matter how much you may disagree with them or feel they impose unreasonably harsh restrictions. The intentional and knowing violation of a protective order is a misdemeanor under California law.
For a free legal consultation with a domestic violence lawyer serving Arcadia, call (310) 896-2723
Potential Consequences of an Arcadia Domestic Violence Conviction
A conviction for any of the crimes above can carry serious consequences for you. The statutory penalties for California domestic violence crimes, both misdemeanors and felonies, commonly include:
- Incarceration for up to one year in county jail and up to four years in a state prison
- Fines totaling thousands of dollars
- A minimum 36-month term of probation
- Mandatory participation in a batterer’s program
- Payment of restitution to the victim
- Payment of up to $5,000 to a battered women’s shelter
- Being subject to a protective order
In addition to these penalties, other laws frequently impose additional restrictions on persons convicted of domestic violence crimes, such as:
- Being barred from owning or possessing a firearm
- Being barred from holding certain jobs or positions of trust
- Loss of custody of or contact with your child
- Harsher consequences if convicted of another crime in the future
- Deportation or being barred from re-entry (if you are a non-citizen).
- Mandatory sex offender registration (if convicted of a sex-related offense)
Finally, a conviction for a domestic abuse crime can also take a heavy personal and practical toll on your life, including:
- Loss of reputation and public shaming
- Job loss and limitations on career advancement
- Damage to friendships and family relationships
Arcadia Domestic Violence Lawyer Near Me (310) 896-2723
A Domestic Violence Attorney in Arcadia Can Help You
At Simmrin Law Group, we act quickly and decisively to protect our clients in the wake of a domestic violence accusation, arrest, or charge. Attorney Michael Simmrin understands that your life is on the line and that you need a passionate defender in and out of court to make sure the justice system treats you fairly and respects your constitutional rights. To that end, he and his team can:
- Investigate the domestic violence accusation to uncover evidence favorable to your defense
- Advise you, in plain language you can understand, about your rights, risks, and options
- Argue for suppression of the evidence or dismissal of the charges against you
- Negotiate charge reductions and plea agreements with prosecutors
- Take your case to trial, holding the government to its burden of proving guilt beyond a reasonable doubt, and making the strongest possible case for your acquittal
- Argue for the most lenient sentence possible if you plead guilty or are convicted
Contact a Domestic Violence Lawyer in Arcadia Today
If you face any type of accusation of domestic violence in Arcadia—including learning you are subject to a protective order, or being arrested for or formally charged with a domestic violence crime—you should reach out to a skilled domestic lawyer as soon as possible. Your rights and freedoms are in serious jeopardy. Do not talk to anyone and do not answer any questions from law enforcement.
Instead, before you do anything else, contact Simmrin Law Group for a free, confidential consultation.