Learn how a criminal defense lawyer in Riverside, CA can help.
October is Domestic Violence Awareness Month, a time to talk about the seriousness of the crime of domestic violence. Indeed, this is a terrible crime that affects far too many women, children and men in this country and around the world — and that we must all work together to stop. Yet in some situations, false allegations of domestic violence are used to destroy the lives of innocent people. In those cases, a skilled criminal defense lawyer in Riverside, CA can help to defend against those charges.
In California, “domestic battery” is one of the more common types of domestic violence crimes. It involves any willful and unlawful touching that is harmful or offensive committed against:
- The defendant’s spouse or former’s spouse;
- The defendant’s cohabitant or former cohabitant;
- The defendant’s fiancé or former fiancé;
- A person with whom the defendant has or used to have a dating relationship; or
- The father or mother of the defendant’s child.
Under California law, a defendant can be convicted of domestic violence even if the victim does not suffer a physical injury. It is considered a misdemeanor under California law, and with potential penalties of up to one year in county jail and a fine of up to two thousand dollars. Alternatively, a court may issue a suspended sentence in a domestic battery case. The court will then require the defendant to complete a one year batterer’s treatment program, and may require a donation of up to $5,000 to a battered women’s shelter and/or any reasonable expenses incurred by the victim as a result of the offense.
While any type of domestic violence is a serious crime, there are situations where domestic battery charges are not warranted. An experienced criminal defense lawyer in Riverside, CA can present multiple defenses to domestic battery claims. For example, your attorney may claim that you acted in self-defense or in defense of others. If your spouse is physically attacking you and you used a reasonable amount of force to defend yourself against that attack, this defense may be successful. Your criminal defense lawyer in Riverside, CA may also be able to argue that your alleged domestic battery was not willful. For example, if you accidentally knocked down your live-in boyfriend when you tripped over a loose rug, that was not a willful touching because you did not have the intent to knock him down. Finally, your criminal defense lawyer in Riverside, CA could argue that the allegations are simply false. Many people make false claims of domestic violence for any number of reasons: anger, jealousy, a desire for revenge, or even as a way to get an advantage in a divorce or custody case. These realities can all be considered by a skilled criminal defense lawyer in Riverside, CA, and taken into account as part of your overall defense strategy.
At the Chambers Law Firm, our team of professionals are dedicated to helping our clients who have been charged with domestic battery and related offenses. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.
