Murrieta Domestic Violence Lawyers
Protecting Your Rights Against False Allegations
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 benefits.
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
What Penalties Could I Face for Domestic Violence?
Under California Penal Code 243(e)(1) or 273.5, domestic violence can be charged as a misdemeanor or a felony, in 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 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 accounts 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. Often times, accused parties act in self-defense or what appears to be a domestic battery case could have been a complete accident.
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 four years in prison and large fines.
Potential Defenses to Use in a Domestic Violence Case
Here are some plausible defenses your lawyer may employ during your case:
You did not commit an act of domestic violence
If you 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.
How Can We Help?
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 guaranteeing 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 Murrieta domestic violence lawyer, Nicolai Cocis, by calling 951.666.2600!