We Will Defend Your Rights & Protect Your Future
In the state of California, it is illegal to commit an assault or battery against any member of a person's family or a cohabitant. This includes fiancé, spouse, partner, family member, or anyone that you may be romantically involved with. If a child is a witness or a victim of the crime, it could be considered a different and equally serious crime, namely child abuse. If you have been arrested for a domestic violence crime, you have rights. Many times, people who are completely innocent are framed for domestic violence out of a jealous act or for personal benefit.
If you were accused of a domestic violence crime and feel that you are wrongly charged, we understand. Law enforcement officials need very little evidence to arrest someone on account of domestic violence. Police will arrest an individual if there is something as minor as a bruise or small swelling and if the victim gives a statement of violence. Oftentimes, accused parties act in self-defense, or what appears to be a domestic battery case could have been a complete accident.
Have you been accused of domestic violence? Call the Law Office of Nicolai Cocis today at (951) 666-2600 or contact us online to schedule a free consultation with our domestic violence attorney in Murrieta.
What Is Domestic Violence?
Domestic violence is any type of abusive physical, sexual, emotional, or economic behavior where an individual seeks to gain control over a spouse, partner, girlfriend/boyfriend, or family member. It may include but is not limited to the following acts:
- Criminal trespassing
- Verbal abuse
- Mental abuse
- Physical abuse
- Sexual abuse
Domestic Violence Charges in California
Under California Penal Code 243(e)(1) or 273.5, domestic violence can be charged as a misdemeanor or a felony at the prosecutor's discretion. In addition, the prosecutor can add charges of criminal threats, child abuse, assault, and/or battery in the appropriate circumstances.
If convicted, all charges require the successful completion of 52 weeks of counseling, as well as probation, community service, and the issuance of restraining orders. In addition, misdemeanors can be punished with up to 12 months in jail and large fines. Felony charges can land you up to four years in prison and large fines.
Possible Defenses Against Domestic Violence
Here are some plausible defenses your lawyer may employ during your case:
You did not commit an act of domestic violence: If your claim is that the victim suffered abuse at the hands of another person, your attorney will support this claim. If the victim is lying about the incident of domestic violence, then this is considered a crime, and the charges will most likely be dropped.
You accidentally hurt someone: This would mean you caused an injury to the victim on accident.
You were acting out of self-defense: If you were trying to defend yourself and can prove this in court, your charges may be dropped.
Instance(s) of domestic violence cannot be proven beyond a reasonable doubt: If there is no proof that you committed an act of domestic violence and/or the victim will not testify against you, the court may drop the charges.
You committed an act of domestic violence, but it was a result of the victim's behavior: If you caused harm to the victim, but the victim hurt you first, an experienced lawyer can help build your defense.
It is important to note that you should consult with your lawyer as you navigate each step of your case to ensure your rights are protected. Additionally, your lawyer will be able to tailor the right defense for your case, which may or may not include one of the ones listed above.
Contact Our Domestic Violence Attorney in Murrieta Today
If you or someone you love has been charged with a domestic violence crime, you still have rights. Protecting your freedoms, especially when you have been wrongfully accused, is highly important. Hiring a criminal defense lawyer is your best bet to guarantee the most optimal outcome for your case.
Our office provides a free consultation directly with Nicolai Cocis. During the consultation, you are able to discuss the details surrounding your arrest. You will learn how we can help and what to expect throughout the criminal process.
Contact the Law Office of Nicolai Cocis today to get started on your defense with our Murrieta domestic violence lawyer.
Explore Our Success Stories
- Federal Conspiracy to Obstruct U.S. Congress .
- 23 of 24 Felony Counts Dismissed in Auto-Theft Case Worth $1.7 Million. Sentenced to Probation and Credit for the 4 Days in Jail Already Served
- Mortgage and Real Estate Fraud Valued in Excess of $1 Million Resulted in Probation and One Year of Home Confinement
- Accessory to Murder after Shooting at Busy Restaurant Resulted in Probation and Jail. Avoided Lengthy Prison Time.
- FBI Arrested Client for Involvement in Events on January 6th at U.S. Capitol in Washington D.C. - Obtained Substantial Reduction of Sentence
- Sentence Reduced to 8 Years for Individual Whose DNA was Linked to Kidnap and Rape.