Oakland Domestic Violence Attorney

According to the statistics presented by the National Coalition Against Domestic Violence (NCADV), 34.9% of California women and 31.1% of California men experience intimate partner sexual violence, physical violence, and even stalking in their lifetime. In 2018, there were 166,890 domestic violence-related calls to law enforcement. In cases when you are falsely accused of domestic violence, an Oakland domestic violence attorney can help you defend your rights against these wrongful accusations.

If you face domestic violence cases, reach out to our criminal defense attorney to protect your rights. You can also learn more about your charges and defend yourself in court. With over 120+ years of combined experience, Summit Defense Lawyers use a strategy that aims to protect you in your best interests. Contact us today for a free consultation.

California Domestic Violence Laws: How Summit Defense Can Help You

Domestic violence results from continuous abuse perpetrated by a person to commit criminal acts. May it be impulsively, intentionally, or threatened by using physical force. It is deliberate intimidation, battery, physical assault, and other abusive behavior. Collectively, it is a part of a systemic pattern of control and power inflicted by one intimate partner against another. It includes physical and sexual violence, threats, and even emotional abuse.

California Law Penal Code 13700(b) defines domestic violence as a violent criminal act committed against an intimate partner. This also counts as spousal abuse. Standard charges include Penal Code 273.5, “inflicting corporal injury on an intimate partner,” and Penal Code 243(e)(1), domestic battery.

This statute does not deal with other allegations of violence against children. As addressed in the Penal Code 273d, domestic abuse cases committed against other adults and violence against children fall into different criminal cases.

What If I’m Convicted of a Domestic Violence Charge? What Are the Consequences?

If convicted of domestic violence charges, the individual may face serious jail time. Alongside tons of restraining orders, loss of a professional license and child custody or visitation can be other consequences. Worse, it holds a permanent criminal record. These charges will catapult you back to your homeland if you’re not a citizen. It is hard to have a criminal offense record and can break an individual’s life. Their access to employment, obtaining housing, and receiving financial aid can also be negatively affected.

Apart from those, their bad reputation is attached to their misdemeanor. Furthermore, individuals charged with domestic violence should instantly reach out to an Oakland Domestic Violence Lawyer to prevent these adverse outcomes.

Types of Domestic Violence Crimes

When discussing domestic violence, we can all agree that it is a form of physical abuse; that’s the typical way of defining it. But in criminal law, there are more ways to be charged with domestic violence. These charges are complicated, and most of the time, the individual needs the help of an Oakland Domestic Violence Attorney to defend them.

The following can result in a domestic violence charge:

Sexual Abuse

It involves forcing another person to engage in sexual activity against their will.

Emotional Abuse

It involves the use of words to degrade another person to their peril.

Psychological Abuse

It involves controlling another person with threats or acts of intimidation or blackmailing.

Stalking

It involves continuous unwanted presence or contact with another person. It can be done in person, by phone, or through the internet.

If an individual is charged with a criminal act like domestic violence, the person who initiated the accusation cannot drop the charges.

Your Rights Against Domestic Violence Charges

I’m arrested; what can I do? First of all, you have rights that are protected by the law. Furthermore, you also have statutory rights that give you various options. Above all, you have the right to remain silent until you have sought help from a domestic violence lawyer.

Protecting your rights as an accused is highly important, especially if you try to dismiss or mitigate the charges against you. That is why contacting an excellent California criminal defense attorney will help you reduce the risk of waiving these rights.

Why Choose Summit Defense for Your Domestic Violence Charge

Choosing an experienced domestic violence lawyer is crucial in defending yourself in court. Even if you are falsely accused, you might end up behind bars without them. So it is equally important as your right to have legal advice from the best.

Here at Summit Defense, we care about your rights. And as a top Oakland criminal defense law firm, we can assure you that you chose the right law firm even if you’re hesitant and still treading waters for a legal option. We offer a free consultation. Along with that, you can take advantage of the excellent legal advice from our Criminal Attorneys. Our criminal defense law firm boasts of over 120 years of cumulative and exclusive Criminal Defense experience.

This law firm is run by a team of top Oakland domestic violence lawyers, who focus mainly on criminal defense over anything. Its massive lineup includes former prosecutors and police officers to work at your expense.

Oakland Domestic Violence FAQS

Here are the most frequently asked questions about domestic violence in Oakland.

What Are the Penalties for Domestic Violence Charges in Oakland?

Any act of domestic assault or abuse, in the forms aforementioned above, and if the individual is proven guilty, may send the convicted to prison for up to four years and receive a fine of up to $6,000. On the other hand, if charged as a misdemeanor, the maximum punishment includes a $6,000 fine and one year in county jail.

Suppose the individual is currently facing other criminal law charges before conviction of domestic violence or another serious criminal act, like physical assault involving weapons, within seven years of exposure. In that case, the punishment increases to five years in state prison and a $10,000 fine.

Is Domestic Abuse a Felony?

According to California Penal Code 273.5, an act of domestic violence is a felony. Any corporal injury commenced to an intimate partner or a family member such as a spouse or inhabitant is always considered a felony in California; other domestic violence offenses include:

• Child abuse (PC 273d)
• Elder abuse (PC 368)
• Criminal threats (PC 422)
• Child endangerment (PC273a)
• Aggravated trespass (PC 601)
• Stalking (PC 646.9)
• Damaging a phone line (PC 591)

How Can a Domestic Violence Lawyer Help Me?

Criminal courts in Oakland and the whole of California are a family-oriented kind of state, so the state’s law enforcement agencies going against domestic violence cases seriously take felonious acts such as spousal abuse seriously. A domestic violence conviction earns you a spot behind bars and hefty fines.

In addition to that, an individual accused of domestic violence for hitting or threatening someone from their family may find themselves banished from the family and barred from going home. Alleged victims of such criminal cases may apply for restraining orders that restrict contact with the defendant and affect where the defendant can stay.

Due to these horrible outcomes, the defendant may end up in a potentially life-altering situation that can occur after an accusation of domestic violence. So defendants must take every step to protect their rights and defend themselves, especially when facing false accusations.

Summit Defense’s Domestic Violence Lawyers include former police officers and experienced prosecutors to help you clear your name if you are allegedly accused of a domestic violence charge. We can explore legal options and provide you with protection by working with you to identify goals, interpret the law as applied to your criminal case, and formulate strategies to protect your rights in court.

Our experienced domestic violence attorney understands how judges decide when to issue domestic violence case orders and the punishment merited.