The repercussions of a domestic violence accusation or conviction can be life-altering. Both your personal reputation and professional future could be at risk. At The Law Offices of Frances Prizzia, we believe everyone has the right to a vigorous defense. Our team of experienced Orange County domestic violence lawyers will work tirelessly to help you navigate the legal system, and we are committed to protecting your rights and interests every step of the way.
Domestic violence offenses are prosecuted vigorously under California law. That is why you need an OC domestic violence lawyer in your corner. Learn more about how we can help you below, and give us a call to schedule a case consultation.
When an alleged perpetrator inflicts corporal injury or some other offense classified as domestic violence against an alleged victim, they may face criminal charges for their actions.
A domestic violence case begins with an arrest. The prosecutor charges the defendant with the domestic violence crime they allegedly committed. This could lead to the defendant having a restraining order against them, they may be unable to see their children, and they could face time in the county jail.
The alleged perpetrator commits a criminal offense against an alleged victim who is within a specific relationship type as specified by the law:
Quite often, domestic violence and child abuse go hand in hand. An experienced domestic violence lawyer in Orange County can guide you through the complicated legal process, protect your rights, and work to mitigate the potential impact of the charges on your life. They can:
Legal issues involving domestic violence are rarely straightforward. They often involve deeply personal issues, conflicting testimonies, and intense emotions. A skilled lawyer can help cut through the noise and ensure that your side of the story is heard.
Each domestic violence offense is categorized differently. A few common types of domestic violence charges include:
California Penal Code § 273.5 makes it a crime to harm or injure a spouse, cohabitant, or the parent of your child via physical abuse or any domestic abuse act.
California Penal Code § 243 makes it a crime to inflict physical violence or use force on another person. To be considered battery, the act must meet three criteria:
Physical abuse involves the use of physical force against another person that results in bodily injury or a threat to one's safety. It can range from shoving and slapping to severe assaults that result in significant injuries.
Accusations of physical abuse often rely on the presence of injuries, eyewitness accounts, and sometimes the accuser's testimony. However, such evidence is not always straightforward and can be challenged. We are experienced in these kinds of cases and know how to critically examine the prosecution's evidence.
Emotional abuse is a less tangible form of domestic violence but can be equally devastating. It can include behaviors such as consistent criticism, humiliation, intimidation, or manipulation.
Emotional abuse cases can be complex due to the less visible nature of the harm inflicted. At The Law Offices of Frances Prizzia, we understand these complexities and work to ensure your defense takes into account the full scope of the situation.
Sexual abuse within a domestic relationship includes a broad range of unwanted sexual activities forced upon one partner by the other. This can range from unwanted touching to forced intercourse or other sexual acts.
These cases are often highly sensitive and require an experienced defense lawyer who can handle them with the necessary discretion and care. Our team has the knowledge and experience to handle these challenging cases and build a strong defense on your behalf.
Financial abuse is a form of domestic violence where the abuser uses money and financial tools to exert control over their partner. It can involve behaviors such as restricting access to funds, controlling all financial decisions, or preventing a partner from working.
Financial abuse cases require a deep understanding of both family law and financial regulations. Our lawyers have the necessary experience to handle these complex issues and provide you with a robust defense.
Child abuse is considered a subset of domestic violence since domestic violence laws encompass all intimate, familial, and household connections.
A minor may submit a domestic violence charge against a parent, grandparent, aunt or uncle, temporary guardian, boyfriend or girlfriend of a parent, or any other household member. Yet, while California takes incidents of child abuse seriously, regular disciplinary actions are not considered domestic violence. A youngster cannot allege abuse when his parents spank or shout at him.
On the other hand, abuse situations can be used as a defense against domestic violence charges. If a parent believes that their spouse or partner poses a serious threat to their kid, then using force to stop the aggressor and protect the child may be justified.
Each domestic violence case is unique and requires a personalized defense strategy. We could potentially argue:
Not all allegations of domestic violence are true. Sometimes the alleged victim has something to gain by falsely accusing the defendant. They may seek revenge, or there may be some advantage for them. If you know this is the case for you, you need to tell your attorney why you believe the alleged victim is doing it to you.
Accidents happen. A person can fall, trip, or accidentally bump into you and get hurt. You could be engaged in consensual rough play or sex, and someone could get hurt. It is important to be completely honest with your attorney so that they can effectively defend you.
When two adults consent to sex or even rough sex play, which can include sadomasochism (S&M), that is not abuse or domestic violence as long as mutual respect and measures are in place to prevent harm.
If you are defending yourself against the other party’s attempt to inflict physical harm on you intentionally, that is self-defense. Of course, self-defense means using reasonable force, not excessive force.
Sometimes tensions rise, passions flare, and an incident that could be construed as domestic violence occurs. But acting out in violence after extreme provocation or something similar in a single act could be considered an isolated incident with extenuating circumstances.
Our experienced lawyers will take the time to understand your situation and develop a tailored defense strategy that fits your specific circumstances. Remember, the burden of proof lies with the prosecution, and we are here to ensure they are held to that standard.
You might be flustered if you are accused of domestic violence in Orange County. You are probably wondering what to do next. There are some steps you should take, including:
Remember, anything you say or do can be used against you in court. It is essential to have a lawyer who can guide you through the process and help you avoid potential pitfalls.
The most serious criminal offense level in California is a felony. They often carry harsh penalties and have lasting consequences for convicted felons. Misdemeanors are lesser offenses but can be punishable by as much as a year in the county jail.
Many factors go into determining a felony, such as the severity of the crime and if there was a significant loss to the victim, either financially or in bodily harm. Some crimes are called “wobblers” because they can be classified as either felonies or misdemeanors.
Some felonies may be reduced to misdemeanors, so having a good domestic violence attorney is important because they can sometimes help make that happen. While a plea bargain is not right for everyone, you should discuss it case-by-case with an experienced attorney. That is where we can help you.
The penalties for domestic violence can include prison time, fines, and a mandatory domestic violence class. Felony domestic violence crimes carry harsher penalties than misdemeanor domestic violence crimes. Previous convictions of domestic violence and serious or aggravated domestic violence can incur additional or harsher penalties.
It does not necessarily mean you will get the maximum sentence if you are convicted. But you need an experienced attorney who can position your case for the best possible outcome. We will work with you from start to finish, so reach out to us for a case consultation.
Penal Code 243(E)(1) assigns the penalty for the crime of domestic battery as up to 6 months in the county jail, a fine of no more than $2,000, or both.
Penal Code 273.5 is a felony that carries the penalty of imprisonment for 2, 3, or 4 years in the state prison, up to 1 year in the county jail, or a fine not to exceed $6,000, or both imprisonment and fine.
Penal Code 273D is a felony that carries 2, 4, or 6 years in the state prison, up to 1 year in the county jail, and a fine of not more than $6,000, or both imprisonment and fine.
When faced with a domestic violence accusation, you need an advocate who will fight for you. The Law Offices of Frances Prizzia is dedicated to providing you with the highest quality defense. Contact us today for a free consultation with an Orange County Domestic Violence Lawyer and learn how we can help you..
How long do you go to jail for domestic violence in California?
The length of a jail sentence for domestic violence in California varies depending on the offense's severity, prior convictions, and other circumstances. It can range from one year for a misdemeanor to up to four years for a felony.
Can my domestic violence case be dismissed in Orange County?
Yes, a domestic violence case can be dismissed in Orange County if the prosecution cannot prove the charges beyond a reasonable doubt, or if there are legal or procedural issues with the case. An experienced attorney can help identify these potential issues.
What are the different types of domestic violence cases?
Domestic violence cases can involve various forms of physical, emotional, sexual, and financial abuse. Each type of case comes with its unique challenges and requires a specific defense strategy.
What is the difference between misdemeanor and felony domestic violence?
The distinction between misdemeanor and felony domestic violence typically comes down to the severity of the offense and any prior convictions. Felony charges are more serious and come with harsher penalties.
What is the statute of limitations for domestic violence in California?
The statute of limitations for domestic violence in California is five years.
What is the three strikes law in California for domestic violence?
California's three strikes law can lead to longer prison sentences for individuals who have prior serious or violent felony convictions. If a domestic violence charge is a third strike, it could result in a sentence of 25 years to life.
Will I go to jail for domestic violence in Orange County?
It's possible to go to jail for domestic violence in Orange County. Still, the outcome of your case will depend on various factors, including the severity of the offense, any prior convictions, and the strength of your defense. Hiring an experienced attorney is crucial to increase your chances of a favorable outcome.
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