The impact of a domestic violence charge could be earth-shattering. In addition to the criminal penalties you could face, including prison time and fines, there are a variety of collateral consequences you could also be forced to endure.
Get help clearing your name of the allegations against you. Contact an experienced Buena Park domestic violence defense lawyer to learn more about how to best approach your case.
Domestic Violence Laws in California
Domestic violence includes many types of offenses involving someone who might have a close relationship with. This could include one or more of the following parties:
- Intimate partners
- Close friends
- Anyone else you may have cohabitated with
California Penal Code §273.5 states that you can be charged with domestic violence if the prosecutor can prove that you intentionally and willfully intended to inflict severe bodily injury to the alleged victim in your case.
If the alleged victim in your case is not considered a household family member or someone else who may be considered as such under the domestic violence statute, these charges may not apply.
For a free legal consultation with a domestic violence defense lawyer serving Buena Park, call (310) 928-9347
Common Domestic Violence Crimes in Buena Park
Domestic violence offenses can take many forms in Buena Park. Make sure you have an experienced legal defender on your side who is equipped to handle your domestic violence charges, no matter what they entail.
Some of the more common types of domestic violence crimes in Buena Park include:
- Child endangerment
- Corporal injury to a spouse
- Domestic battery
- Making criminal threats
- Simple assault
- Posting defaming information online
- Elder abuse
- Child abuse
- Violations of protection orders or restraining orders
These are just a few of the different types of charges you could face if you have been accused of domestic violence. This is not an exhaustive list. If you have been charged with another type of domestic violence-related offense and you do not know where to turn for help, it is time to reach out to an experienced domestic violence defense lawyer in Buena Park.
Your attorney could help you analyze the circumstances of your case, figure out how to best approach your defense strategy, negotiate with the prosecutor, and work tirelessly to secure an acquittal in your case.
Buena Park Domestic Violence Defense Lawyer Near Me (310) 928-9347
Consequences for a Buena Park Domestic Violence Conviction
Domestic violence allegations are taken seriously in Buena Park. If you are found guilty of such an offense, the penalties could be harsh. Some of the more common types of criminal penalties and collateral consequences associated with domestic violence convictions include:
- Restitution paid to victims
- Mandatory time in jail or prison
- The implementation of a restraining order or order of protection
- Court-ordered participation in domestic violence programs
- Court-ordered drug or alcohol treatment
- Completion of court-ordered mental health counseling
- Loss of your right to bear arms
- The risk of deportation or other citizenship issues
- Temporary or permanent loss of child visitation or custody rights
- Difficulty finding or maintaining gainful employment
- Trouble for finding housing you can afford
- The fallout of a destroyed reputation
- Trouble maintaining relationships with your family and friends
- Loss of Federal student eight eligibility
The severity of the penalties you may face can vary widely depending on several factors. For example, if the alleged victim only suffered minor injuries, you might expect to be charged at the misdemeanor level. However, if the alleged victim suffered severe bodily injury or death, the charges against you may move forward at the felony level.
Further, if you are charged at the felony level, this will be counted under the Three Strikes Law. If this is your third strike, you could be facing life in prison for this domestic violence offense. With penalties this severe, it is critical that you take the time to craft a powerful defense for trial.
Challenging Domestic Violence Accusations in Buena Park
There are multiple ways in which you may be able to challenge the domestic violence allegations against you in Buena Park. First, your attorney will determine whether you can work with the prosecutor to enter a pretrial diversion program.
Here, the prosecutor may be willing to allow you to participate in mental health counseling, a drug treatment program, or meet other requirements that could rehabilitate you. After you complete the terms of the program, the charges against you could be reduced or dismissed.
However, if your domestic violence charges included a violent offense, a pretrial diversion program or plea agreement may not be available. If this happens, your attorney will need to be prepared with a powerful defense. Some potential defense strategies you could use to challenge the allegations against you include:
- Acting in self-defense – To prove that you were acting in defense of yourself or others, your attorney will need to show that you had reasonable belief that you needed to act with force to defend yourself or others. You must have only used a reasonable amount of force to defend yourself or others against the imminent threat for this defense to apply.
- Making false allegations – False allegations are far more common than you might think. When a family member or other person you have a close relationship makes false claims against you, your attorney may need to introduce compelling evidence to prove your version of events.
- Lack of intent – You can only be convicted of a domestic violence offense in Buena Park if you had the intent to commit the crime. The prosecutor will need to prove this beyond a reasonable doubt for a conviction to apply, but if you did not intend to cause harm to anyone, you should not be found guilty.
- Innocence – If you are going to argue that you are innocent of the charges against you, your lawyer will need to introduce evidence that puts reasonable doubt in the mind of the judge and jury. This might include forensic evidence, DNA evidence, a strong alibi, witness statements, photographic evidence, and more.
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Get Help from a Domestic Violence Defense Attorney in Buena Park Today
If you hope to protect your reputation and avoid the harsh criminal penalties associated with a guilty verdict, you need an experienced Buena Park domestic violence defense attorney to advocate for your freedom.
Schedule your confidential case review as soon as today. You can reach us by phone or through our secured contact form when you are ready to discuss your potential defense strategies.