Facing domestic violence allegations in California can be overwhelming, especially when the accusations are false. Domestic violence crimes are taken extremely seriously in the state, and law enforcement, prosecutors, and courts move quickly once a report is made. If you’ve been arrested or accused of DV, it is important to understand your rights, the legal implications, and realize how a criminal defense attorney can help fight the charges against you and protect your future.
Understand Your Rights
If you are detained or questioned for an alleged domestic violence incident, the most important step is to exercise your constitutional rights. Under the Fifth Amendment, you have the right to remain silent. You are under no obligation to answer questions from police or investigators, and doing so could unintentionally harm your case.
You also have the right to an attorney. Requesting legal counsel right away ensures that you do not make statements that can later be misinterpreted or used against you in court. By preserving your rights and speaking only through your lawyer, you can begin building a stronger defense from the start.
Common Domestic Violence Charges in California
Under California law, there are many crimes that fall under the larger category of DV. Each one is treated seriously and will come with its own penalties. Some of the most serious crimes that involve domestic abuse include:
- California Penal Code Section 243(e) Domestic Battery: use of force or infliction of violence upon an intimate partner.
- California Penal Code 273.5 (a) Corporal Injury on a Spouse: willful infliction of bodily injury that results in a traumatic physical condition upon a victim in which they have a domesticated relationship with
- California Penal Code 273d(a) Child Abuse: willful infliction of bodily injury on a child that caused a traumatic physical condition to the child.
- California’s Penal Code §368 Elder Abuse: the physical abuse, emotional abuse, neglect, endangerment, or the financial fraud of an elder.
Additionally, various additional offenses, such as stalking, threats, intimidation, sexual offenses, and “revenge porn” can also be classified as domestic abuse if they are committed against a domestic relation or partner.
Domestic Violence Penalties and Consequences in California
California, in the interest of protecting victims, has some of the strictest legal penalties against domestic violence in the country. Domestic violence charges can be either a felony or a misdemeanor, depending on the circumstances of the case. The penalties of a domestic violence conviction include:
- Jail or state prison time.
- Criminal fines
- Probation
- Mandatory counseling programs
- Loss of firearm rights
- Loss of job opportunities or professional licenses
In addition, domestic violence consequences may also include loss of right to bear firearms, potential restrictions on child custody/ visitation, and loss of jobs. Crimes of domestic violence are considered as a crime of moral turpitude under federal law which can affect the ability to maintain or receive professional licenses in the United States. Under immigration law, a conviction for a crime of moral turpitude can trigger deportation. Additionally, any felony domestic violence conviction will also count under California’s infamous “three strikes law,” making the stakes extremely high.
How to Defense Against False Domestic Violence Accusations
False accusations can unfortunately arise during heated breakups, custody disputes, or financial disagreements. A skilled California domestic violence defense lawyer may use several strategies to challenge the allegations, including:
- Demonstrating inconsistencies or factual gaps in the accuser’s statements.
- Showing there were no visible injuries or medical evidence to corroborate abuse.
- Highlighting motives such as jealousy, revenge, or attempts to gain leverage in family court.
- Revealing that the accuser fabricated or exaggerated the incident.
- Providing proof of blackmail or extortion.
- Providing evidence of self-defense or protecting others.
- Establishing that the confrontation involved mutual combat.
In many cases, strong legal representation can lead to charges being reduced or dismissed before trial.
Contact The Law Office of Nicolai Cocis for Domestic Violence Defense
Innocent people are convicted of crimes every year because they did not understand the legal process or underestimated the seriousness of the charges. If you have been accused, especially falsely accused, of domestic violence in California, you need a criminal defense attorney from The Law Office of Nicolai Cocis immediately. We can help protect your rights, expose false allegations, and fight for the best possible outcome in your case. If you are facing domestic violence charges in California, contact us now so we can defend against the false accusation and prove your innocence.
