California Domestic Violence Laws

California law defines domestic violence as occurring when the accused is an “intimate partner” of the victim. This can include current spouses and romantic partners, as well as those whom one may have been married to or had a relationship with previously. Children, siblings, and other close family members may also be considered the victims of domestic violence. 

Domestic violence crimes typically involve the physical, mental, or  emotional abuse of an intimate partner or family member. This can include any form of psychological manipulation, sexual assault, stalking, and physical aggression. In cases involving assault, it’s important to note that the alleged victim need not have been physically struck. A credible fear of physical violence is sufficient for a District Attorney to bring domestic violence assault charges. 

All of the above are crimes regardless of who the victim is. What makes domestic violence crimes unique from the legal perspective is the relationship between the defendant and the alleged victim. 

Domestic Violence Charges in California

Depending on the circumstances of a specific case, the D.A.’s office may have considerable discretion in what charges to bring. Some domestic violence charges are misdemeanors, meaning the maximum jail sentence will be no more than 1 year. But some cases will have felony charges, where prison time may be considerably longer in the event of a conviction. Furthermore, there is not always a hard-and-fast line that dictates when a prosecutor must bring a misdemeanor and when they go for a felony conviction. 

This is important everywhere, but the distinction in California takes on even greater importance thanks to the Three Strike sentencing rules. When a person is convicted three times of a serious felony or violent crime, the minimum prison sentence rapidly escalates to 25 years behind bars. A Pittsburg domestic violence lawyer that can negotiate charges out of “Strike” range may be a valuable asset for a defendant.

Defenses Against Domestic Violence Charges

In the event that you are facing domestic violence charges in California, below are some potential defenses that may be used:

• Self-defense: If you were defending yourself against an attacker, you might be able to use self-defense as a valid defense. In order to prove that the actions you took were necessary to protect yourself, you must be able to prove that you believed you were in imminent danger of harm.
• False allegations: You might be able to argue that the alleged victim made false accusations against you. To support your defense, you may be able to use witness testimony, text messages, or social media posts.
• Lack of evidence: If there is inadequate evidence to support the charges against you, you could argue that the case should be dismissed.
• Consent: In some situations, the alleged victim may have consented to the behavior. You may be able to argue that the behavior was consensual and, therefore, not abusive.

It is important to be mindful that the effectiveness of these defenses will greatly depend on the specific circumstances of your case. It is necessary to seek the legal advice of an experienced domestic violence attorney to determine the best approach for your defense.

Contact Our Domestic Violence Lawyer Today

Clients who come to the Law Office of Conrad J. Kuyawa find counsel committed to doing just that. We know that simply being accused of a terrible crime doesn’t mean one is guilty. We believe that everyone deserves a fair trial and that a fair trial means a truly vigorous defense which pursues all angles of investigation and advocacy. 

Contact the Law Office of Conrad J. Kuyawa today to get started on your defense with our Pittsburg domestic violence attorney.