California has a mandatory arrest policy that requires law enforcement to defuse the situation by placing one of the parties under arrest when responding to a domestic violence call. However, if you have found yourself in this situation, there is still a good chance that your arrest will not result in criminal charges. Continue reading to learn more about domestic violence charges in California and how our Sacramento County domestic violence defense lawyer can assist you.
What is domestic violence?
Domestic violence is described as crimes committed by one family or household member against another such as two brothers or a son and a mother. Allegations of child abuse and spousal abuse are also considered domestic violence. Domestic violence can occur in any type of intimate relationship. Domestic violence also refers to allegations of controlling, threatening, or coercive behavior involving those who are married, unmarried, living together, or dating partners.
Charges of domestic violence can be filed based on the following factors:
- The severity of the victim’s injuries
- Whether a protective or restraining order was violated
- Whether there is a prior history of violence within the relationship
- Whether a minor was present
What is domestic battery?
Domestic battery can also be referred to as spousal battery. Domestic battery is a criminal charge issue referring to circumstances when an individual allegedly applies force or violence against another person. During this act, If injuries occur that are greater than minor marks or scratches, battery offenses can be elevated from a misdemeanor to a felony.
What are domestic violence offenses charged as in California?
domestic violence offenses are charged as a distinct crime. Therefore, a person who strikes a significant other may be charged with domestic violence instead of other crimes. A conviction of domestic violence can result in severe sentences compared to a simple assault and simple battery charge. The terms of conditions of probation for domestic violence convictions include special protections for past targets of domestic abuse. These terms also require the abuser to attend DV classes.
If you are facing domestic violence charges, it is important that you reach out to our experienced Sacramento County criminal defense lawyer to learn how we can represent you. Give our firm a call today to learn more about our services.
Contact our experienced California firm
Whether you’ve been injured in an accident due to negligence or you’ve been charged with a crime, you cannot afford to proceed without strong legal representation at your side. Here at The Law Offices of Dale R. Gomes, we are dedicated to helping all those in need of an attorney who can efficiently fight for their rights. Contact our firm today so we can discuss your case.