Leucadia Domestic Violence Defense Lawyers

Skilled Criminal Defense Lawyers Serving Clients Facing Domestic Violence Charges in Leucadia

Domestic violence is a growing problem throughout the U.S. It is a category of crimes that involve abuse against an intimate partner. Law enforcement and courts have become increasingly harsh in handling domestic violence cases. In California, police officers investigating an incident have the right to make an arrest if they have probable cause to believe domestic violence has occurred.

A domestic violence conviction can have serious consequences. If you are facing charges in Leucadia, it is in your best interest to speak with a Leucadia criminal defense lawyer as soon as possible.

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What Crimes Qualify as Domestic Violence?

Any act of abuse or violence against an intimate partner can lead to domestic violence charges. Under California law, domestic violence is defined as abuse perpetrated against any of the following:

• Spouse or former spouse
• Cohabitant or former cohabitant
• Person with whom the accused has or has had a dating or engagement relationship
• Person with whom the accused has had a child

Two criminal offenses under the California Penal Code are specifically related to domestic violence:

• Domestic battery: Battery is willful and unlawful use of force against another person. The crime is domestic battery when committed against any of the persons listed above.
• Corporal injury on a spouse or cohabitant: “Corporal” means relating to the human body. This felony crime occurs when use of force against an intimate partner results in physical injury leading to a traumatic condition.

Other common domestic violence crimes include:

• Stalking: Willfully and maliciously following, harassing, and threatening another person to an extent that causes that person to fear for his or safety or the safety of immediate family members is stalking. This is a wobbler offense. If charged as a misdemeanor, it is punishable by up to a year in jail or summary probation. As a felony, it carries a prison term of up to five years or formal probation.
• Criminal threats: This crime involves threatening to seriously injure or kill another person, to the point that the victim genuinely fears for his or her safety or the safety of immediate family. Criminal threats are considered crimes of moral turpitude – more reprehensible and offensive than other crimes. When charged as a misdemeanor, penalties may include a jail sentence of up to one year. As a felony, this offense is punishable by up to four years in prison.
• Sexual assault or rape: Sexual assault involves nonconsensual touching of another person’s intimate parts. Rape is a sub-category of sexual assault that involves unwanted or forced sexual intercourse. In addition to a jail or prison sentence and heavy fines, consequences of a sexual assault conviction include registration as a sex offender.

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What Are the Consequences of a Domestic Violence Conviction?

If you are convicted of a misdemeanor domestic violence charge, you may spend up to a year in county jail and/or pay a fine of $2,000. With a felony conviction, you could serve up to four years in state prison and be ordered to domestic violence classes. If you have prior convictions, you could serve up to 10 years in prison and pay fines of up to $10,000.

A domestic violence conviction could significantly impact your future. You could lose child custody and visitation rights in family court. You could lose your right to possess a firearm. A criminal record could affect your employment, education, and housing opportunities, and even your personal relationships.

Call jD Law Criminal Defense Attorneys at (760) 630-2000 for a free consultation. Founding attorney James N. Dicks is a former police officer and a board-certified Criminal Law Specialist who has tried hundreds of cases.

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