It’s possible to be wrongfully accused of spousal abuse, domestic violence, neglect, child abuse, or restraining order violations. They’re all particularly sensitive matters, hence requiring the immediate attention of a Burbank domestic violence lawyer. An attorney can assert your constitutional rights to protect you from frivolous charges or an undeserved conviction.
As a reputable criminal defense law firm led by an experienced attorney with over 100 jury trials up his sleeve, we understand the ins and outs of domestic violence charges. Our dedicated attorneys will put their knowledge and combined experience to create a comprehensive defense strategy.
What Constitutes Domestic Violence in Burbank
In Burbank, the law considers domestic violence as abuse committed against an intimate partner. This includes reckless or intentional use of physical force against them or threatening to use force on that person. Typically, the arrests initiate multiple cases.
It could be a criminal case where you’ve been charged with violating Penal Code §§626.9, 422, 245, 243 (e), 273.5, or it may be initiated as a civil restraining order. The case can cause you to end your relationship, which involves family law proceedings with complex property distribution and child custody issues. Moreover, there’s a great chance of a civil court suit.
If you hold a professional license or security clearance, the agency that issued it could initiate another case that may affect your eligibility to practice. You could also be barred from owning or carrying a firearm. If you’re not a US citizen, there’s the risk of exclusion from readmission or admission, denial of naturalization or upgrade of status, or deportation.
For a free legal consultation with a domestic violence lawyer serving Burbank, call (310) 896-2723
What Can a Burbank Domestic Violence Attorney Do?
The details of your arrest are central to the domestic violence charge. A reputable defense attorney can review all case factors, gather the required evidence, and identify issues of reasonable doubt.
Most cases don’t involve physical injury, and all evidence is basically photographs or witness testimony. But if your case involves serious personal injury, it could be a valid claim requiring the expertise of a knowledgeable lawyer to ensure the court system observes your legal rights.
The cases can also invoke aggressive reactions from court officials, but they must follow the possible release and bail guidelines. Your domestic violence attorney can ensure that they preserve and respect your rights throughout this process. Based on the material facts, these charges could also result in significant fines or jail time, but your lawyer can fight for a favorable case outcome.
Burbank Domestic Violence Lawyer Near Me (310) 896-2723
Possible Penalties for a Domestic Violence Conviction
Over the years, state laws have become tougher for those facing domestic violence charges. The seriousness of the injuries is a leading consideration by courts and prosecutors when charging and punishing the defendant.
Domestic violence offenses can fall under misdemeanor or felony offenses. If it’s a felony, it’ll be considered a “strike” under the state’s Three Strikes Law. The victim may also have to obtain a court order of protection or file a civil order to recover damages for their injuries from you.
This conviction also has numerous potential collateral consequences. For instance, you may be ordered to attend a batterers’ class for 52 weeks, and your employer could dismiss you if they learn that you’re arrested, charged, or convicted.
What Are the Possible Defenses?
Domestic violence attorneys use different defenses to protect their clients from possible penalties. Your lawyer may suggest the following arguments:
You Didn’t Do It
The plaintiff will look for incriminating evidence proving your presence at the scene. But you can argue that another person abused the plaintiff, and your Burbank domestic violence lawyer can look for material to support that argument. For instance, they can seek to establish your whereabouts at the time of the crime or find a credible alibi.
You Were Defending Yourself or Others
You can also claim that you used reasonable force against the plaintiff to prevent them from attacking you or someone else at the scene. But it’s crucial to note that you can’t use the self-defense argument if you’re the one who started or escalated the incident. Thus, be honest with your domestic violence lawyer in Burbank about what took place during the incident.
It Was Accidental
This means that you acknowledge being at the scene when your partner was injured, but you hurt them unintentionally. If you choose this argument, your attorney can conduct an independent investigation to verify your story’s consistency. For instance, if you claim that you hurt your partner after a hammer slipped off your hands while doing kitchen repairs, your lawyer can verify the repairs, your positioning, and the hammer’s location.
Your Partner Lied
It’s also possible that your partner or spouse wanted to get even, so they fabricated the entire story. If you go for this defense, your lawyer can establish:
- If the plaintiff’s injuries concur with your version of the story
- If your story is inconsistent with the crime report.
Your Action Was a Result of Their Behavior
You can also acknowledge having assaulted your partner but assert that your action was their fault either due to their temper, medical condition, or abuse of the children. In this case, your attorney can check for evidence that proves the victim’s violent tendencies or whether the prosecution can prove anything beyond word of mouth.
Lack of Evidence
Sometimes the prosecution simply lacks sufficient evidence to mount a strong case against you. Your domestic violence attorney can ensure that the prosecution provides legitimate evidence and challenge anything that doesn’t add up.
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Involve a Reliable Burbank Domestic Violence Attorney
An arrest for domestic violence can subject you to a great deal of stress. Instead of letting this pressure overwhelm you into inaction, it’s in your best interest to involve a reputable domestic violence attorney in Burbank as soon as possible. Fortunately, you’re on the right site.
The experienced defense attorneys at the Simmrin Law Group can offer a first-class legal defense. We’re genuinely committed to a successful resolution, so don’t hesitate to reach out for our representation.