Pleasanton Domestic Violence Lawyer

Pleasanton Domestic Violence Attorney

Domestic violence is incredibly serious, and it’s a reality that harms many people and families. However, when criminal charges are pressed for domestic violence-related offenses, they are not always accurate to the complex and challenging situations at hand. Often, law enforcement does not accurately evaluate a familial dispute. If you are facing domestic violence charges, you need a strong Pleasanton domestic violence lawyer.

Accusations of domestic violence can occur from misunderstandings, complicated relationships between parties, or even due to false accusations made out of spite or anger. Criminal charges for these offenses can have a severe effect on your life, freedom, and reputation, and you deserve an effective and fair criminal defense. Domestic violence cases are stressful and incredibly consequential, and it is essential to find an attorney who can address the complexities with care and respect.

Criminal Defense in Pleasanton

For more than 30 years, the Law Office of Louis J. Goodman has fought for the rights of those accused of criminal offenses. Our years of experience enable us to efficiently address your case, investigate the charges against you, and build a defense that protects your interests, your rights, and your personal and professional reputation.

There are many reasons that domestic violence charges may be pressed, and the alleged victim of the crime does not have a say in this. Only the prosecution can press or drop charges. It’s important to have a qualified attorney who knows how to navigate complex familial disputes.

Being accused of these serious crimes can be very frustrating and scary, but our legal team can help make it easier for you. We can work with the prosecution before trial and advocate for your rights in court. We use our resources and knowledge to work to mitigate the risks you face, aiming to lower the charges and penalties or even seeking to have the charges dropped.

Understanding Domestic Violence Laws

Domestic violence in California is defined as any violence or threats of violence between two people who are in a relationship, who are related by blood or marriage, or who live in the same home together. Domestic violence also includes other forms of abuse, such as emotional abuse and economic abuse.

Domestic violence covers several different offenses in state law, and many can be charged as either a misdemeanor or a felony. How a crime is charged relies on several factors, including:

• The defendant’s prior criminal history
• The age of both parties
• The type of crime committed
• The severity of the harm to the victim

When a domestic violence offense is charged as a felony due to serious bodily injury to the victim, it is a strike under the state’s Three Strikes Law. This law increases the severity of penalties for a third violent felony, and it may also affect the penalties of a second violent felony.

Domestic Violence Crimes

There are several criminal offenses that may be charged relating to domestic violence, including:

• Criminal threats
• Disobeying a domestic court order
• Corporal injury to spouse
• Child abuse
• Child endangerment
• Elder abuse
• Kidnapping
• Simple assault
• Battery
• Attempted rape
• Rape

Your attorney is an essential resource in defending against these serious crimes.

Consequences of Domestic Violence Convictions

Depending on whether you are charged with a felony or misdemeanor, you may face months in jail or years in prison, as well as hundreds or thousands in fines. Other criminal penalties may include:

• Probation after incarceration
• Restitution to victims
• Removal of your right to own a firearm

You may also face a restraining order. This can limit where you go, where you live, and other limitations that prevent you from having contact with the victim. If a restraining order is broken, even accidentally, you may face additional criminal penalties.

Potential Defenses Against Domestic Violence Charges

Each criminal and domestic violence case is unique, so a strong defense will need to be unique to the individual situation. These charges can affect the rest of your life, which is why it is so essential to discuss your case with a dedicated attorney. An effective attorney is your greatest chance of mitigating or avoiding the charges you face. Some commonly used defenses in domestic violence cases include:

• Insufficient Evidence: When you face criminal charges, you are innocent until proven guilty. The prosecution has the burden of proof in order to convict you. If there is not enough evidence to convict you of the crime, this may be a good defense.

If there is no physical evidence, medical documentation, voicemails, photo or video evidence, or eyewitness statements, it is less likely that you will be found guilty. Your attorney may also be able to have the charges against you dismissed before the case continues.

• Self-Defense: This is an affirmative defense. If you performed the actions in question because you reasonably feared for your own safety or the safety of others and believed you were in imminent danger, it could be effective. Domestic violence cases are often the result of altercations between two people in an argument, so this is often a strong defense.

• False Accusations: Domestic violence charges may be false accusations. This is especially common if two people are in the middle of another court battle or if two spouses are getting a divorce or navigating child custody.

False accusations may be made to get back at a partner or family member or to prevent a partner from gaining custody. Relationships can be incredibly complicated, and this can result in accusations like domestic violence. If the accusations are not based on any fact, a thorough investigation of the alleged encounter may be able to prove this.

• Accident: In some cases, an injury occurs because of an accident, and there was no intention to harm the individual. Most charges related to domestic violence require the intention of harm or willful injury.

In some cases, other mitigating defenses can be useful in limiting the severity of the charges and penalties you face. If you do not have a past criminal history or were suffering from a mental disorder when the crime was committed, this may encourage an alternate sentence or fewer penalties.

Common Reasons for a False Domestic Violence Accusation

False accusations of domestic violence are unfortunate because they cause so much trouble for everyone involved. It also puts the defendant through a lot of stress as they consider the potential penalties they could face and how they will impact their life.

Some of the most common reasons for false accusations include:

Divorce and Custody Battles

Sometimes, one party might try to use a domestic violence claim to gain sole custody in a divorce battle or earn some other legal advantage. Because the courts want to put children in a safe environment, accusing someone of violence will get their attention.

Retaliation and Revenge

Some allegations stem from a history of anger or jealousy. Someone might file a claim to ruin the accused individual’s reputation.

Misinterpretation of an Incident

Not all accusations are intentionally false. Sometimes, a loud argument or accidentally being in physical contact with someone could be misinterpreted as an act of domestic violence. The same thing can apply when someone believes they are engaging in self-defense.

FAQs

How Much Does a Lawyer Cost for a Domestic Violence Case?

The total cost of hiring a lawyer for a domestic violence case in Pleasanton will depend on many different factors, such as:

• The complexity of the case
• How many years of experience the attorney has
• How much competition the firm has

The longer an attorney needs to work on your case, the more expensive their services can be. Additional costs may also be added to your total legal expenses, such as fees for court, the investigation, and expert witnesses.

What Happens in a Domestic Violence Case in California?

Most domestic violence cases in California begin with an arrest after someone has reported the individual for engaging in abusive behavior. It’s up to the prosecutor if they want to file charges based on what evidence is available. If they file charges, the accused will have an arraignment, where they can choose to either enter a plea deal or advance to court. Without a plea bargain, the court will make the final determination on whether the defendant is guilty or innocent.

What Are the Signs of Emotional Abuse in Marriage?

Sometimes, the signs of emotional abuse in a marriage are difficult to recognize. This is because, unlike physical injuries, emotional abuse involves psychological control and manipulation. Some of the most common signs of this include constant criticism, belittling, and name-calling. If a spouse is emotionally abusive, they will often isolate their spouse away from their family and friends, try to control their finances, and use guilt or fear to manipulate them.

What Percentage of Domestic Violence Cases Are Prosecuted?

While the total percentage of domestic violence cases that are prosecuted vary by jurisdiction, there are national numbers that give us a sense of how prevalent this is. One study found that, overall, domestic sexual assault defendants were 89% more likely to be prosecuted when compared to other sexual assault cases that were not domestic-related. Additionally, domestic aggravated assault defendants were 66% more likely to be prosecuted.

Contact a Domestic Violence Defense Attorney in Pleasanton

When you are charged with a crime, you have the right to legal defense. It is crucial for your future that you take advantage of that right, as a reliable and dedicated attorney gives you the greatest chance of avoiding conviction. Contact the Law Office of Louis J. Goodman today.