Burbank CA Domestic Violence Lawyer
Put Commitment, Experience & Superior Preparation on Your Side
Being charged with domestic violence is serious business that demands a strong advocate on your side. Your story may go unheard or negated in pursuit of criminal charges against you. The alleged victim’s story may take precedence over yours simply because it’s easier, more convenient, and because prosecutors and courts like to punish offenders so as to deter others from engaging in family violence.
You still have legal rights under the law, however, and are innocent until proven guilty. To ensure that your rights are protected, your voice is heard, and your best interests are as aggressively pursued as the prosecutor’s, you will need the services of a tough and dedicated Los Angeles domestic violence defense attorney. You will find that at Castaneda Law, APC, you can work with an experienced trial lawyer whose work ethic, commitment, and attention to detail are the hallmarks of true professionalism.
Do Domestic Violence Cases Get Dismissed?
The prosecutor can dismiss the charges, or the judge can find someone innocent, but the person who made the domestic violence allegation has no way to get the other individual out of trouble once the cops have been called and arrested him or her for a criminal offense. If a district attorney does not feel he or she has adequate proof to in fact prosecute a case and get a guilty verdict, there's an opportunity that the case will be dropped.
What Constitutes Domestic Violence in California?
Domestic violence consists of abuse directed at the following:
- Your spouse or ex-spouse
- Your current or a former domestic partner
- Your current or a former fiancé(e)
- Someone you cohabit with or formerly cohabited with
- Someone with whom you have a child
- A dating partner or a former dating partner
- Anyone else to whom you are related by blood or marriage
Domestic violence crimes can involve domestic battery, threats of harm, neglect, or abuse of some type. Additionally, damaging a phone line, aggravated trespass, posting damaging information on the internet, revenge porn, and stalking may all be considered domestic violence offenses. These offenses may be charged as misdemeanors or felonies, depending on the nature of the incident, any injuries sustained by the alleged victim, and prior criminal record, if applicable. They can include abuse, endangerment, and neglect of a child as well as elder abuse involving physical or emotional abuse, neglect, endangerment, or financial fraud.
The Penalties for Domestic Violence
Domestic battery, which does not require a visible injury, may be charged as a misdemeanor punishable by a fine of up to $2,000 and up to a year in jail. Other penalties that may apply in any domestic violence conviction can include participation in a batterers’ program, payment of restitution for medical bills and other expenses to the victim, payment to a domestic violence program fund, loss of custody rights, loss of gun rights, immigration issues for non-citizens, and being subject to a restraining order. Finally, a conviction will lead to a permanent criminal record, which can affect future prospects in terms of employment, housing, and more.
In the face of such severe penalties, it is strongly advised that you seek the trusted legal representation you will find at Castaneda Law, APC as soon as possible.