Understanding Domestic Violence and Abuse Cases in Alameda, California
In Alameda, California, various domestic violence allegations can be prosecuted. Although assault, battery, threats, and intimidation are all criminal and will be prosecuted as such, they are treated far more severely when the claimed victim is the offender’s spouse, cohabitant, dating partner, or parent of their kid.
These extenuating circumstances disturb the lives of all parties involved. The physical and mental toll it takes on our clients must be redressed through the legal system so that each person our Alameda domestic violence attorney represents can move forward with optimism and self-respect.
Which Behaviors Constitute Domestic Violence?
According to domestic violence/abuse statutes in California, a number of behaviors constitute domestic abuse. In addition to knowingly or recklessly causing harm (or attempting to cause harm), a California domestic violence law attorney defines domestic violence as:
- Sexual assault
- Threatening someone or inducing unreasonable fear that they or another person will suffer severe harm
- Conduct such as stalking, harassing, threatening, assaulting another person, disturbing another person’s peace, or destroying personal property constitutes criminal conduct.
Domestic violence frequently entails some form of physical assault. It is vital to highlight that physical abuse is not limited to hitting; it can also include kicking, pushing, shoving, hurling objects, and pulling hair. A domestic violence offense can also relate to purposely frightening or pursuing another person, or stopping someone from freely entering or exiting a location. The law of California also recognizes physical abuse of household pets as domestic violence.
However, physical abuse is not required for domestic violence to be labeled such. In fact, many occurrences of domestic violence entail both verbal and emotional or psychological stress. The most important thing to understand about domestic abuse is that a victim need not be physically harmed.
Accused of Domestic Violence
Minor disagreements and mild physical contact are sufficient for police and prosecutors to file a criminal charge. While politicians have been persuaded to believe that all instances of domestic abuse involve horrific beatings and end in homicide, this is not the case.
Usually, tempers flare or alcohol is involved, and issues will have been resolved even without police participation. Sometimes, individuals lie to the police in order to get their significant other in trouble. In their reports, the police occasionally exaggerate what has been said or has taken place.
There are valid justifications for many of the domestic actions that occur. A reliable domestic abuse attorney in California will be able to listen to the facts you give and safeguard your rights and best interests.
Frequently, domestic violence occurs in the heat of passion that appears perilous at the time. Upon closer inspection, however, the two individuals are, in fact, in love and seek to put this incident behind them. The issue is that once charges have been brought, the victim cannot drop them, and the case will frequently continue even if the victim does not wish to prosecute.
Domestic Violence as a Misdemeanor or a Felony
Domestic violence may be charged as either a crime or a misdemeanor in California. This is known as a “wobbler” since the prosecutor may choose which criminal charge to file. The prosecutor must analyze the evidence and decide whether or not to pursue charges based on the severity of the injuries if any.
A misdemeanor charge is typically filed if the injuries are minor or nearly nonexistent. However, a felony prosecution will almost definitely be filed if the injuries include shattered bones, deep cuts, or other grave injuries.
The crime constitutes a “strike” under California’s “Three Strikes” law if the victim receives a severe bodily injury. A conviction will then be utilized to increase future punishments.
The prosecutor’s judgment as to whether to file a felony or a misdemeanor will be significantly influenced by the participants’ criminal records. If you are convicted of a felony domestic violence crime, you may be sentenced to a lengthy prison term.
Moreover, restitution, fines, and therapy will be mandated. In certain instances, the court may issue a restraining order prohibiting all contact with the alleged victim. Contact also encompasses indirect communication through friends or other individuals who phone the victim on the defendant’s behalf.
False Allegations In Cases Of Domestic Violence
Our Alameda domestic violence attorneys are also aware that false charges of domestic violence may be presented in family court solely to ruin the reputation and honor of the alleged defendant. This is a regular occurrence in divorce procedures, child custody disputes, and other complex family law matters involving passionate confrontations and difficult conditions.
Domestic violence charges can ruin your reputation and even your future. As your domestic violence lawyer, we will provide sound legal advice on how to go forward when faced with a domestic violence charge.
Our domestic violence attorney in Alameda will not allow the manipulation of the courts under false pretenses and will defend anyone who is being held guilty under these circumstances.
At Dosa Law, we offer consultations to anybody who has been victimized by false charges of domestic abuse.
Contact our domestic violence lawyers in Alameda for a free consultation.
If you fear that your safety is in peril or that your reputation is being slandered as a result of false domestic violence claims, call Dosa Law in Alameda, California to talk to a dedicated domestic violence attorney.
At Dosa Law, you can trust our reliable criminal defense attorney to handle other your defense against other charges against you. Other than domestic violence cases, our firm also defends clients charged with assault and battery, drug crimes, sex crimes, and more.