Domestic violence, assault and battery are commonly treated as serious offenses in the state of California. Often, if you or a family member is facing any sort of violence charges in California, you may be treated like a criminal before you have even had the chance to defend yourself. That's why it is important to hire a criminal defense attorney in the state of California that specializes in the criminal defense of violent crimes.
We understand that being charged with a violent crime can be a very scary situation. We understand the challenges that you or your family will have to face. Our first priority is to get the defendant out of bail on order to fight the case more effectively. Second is to find an Orange County attorney that specializes in this area of criminal law. Selecting an attorney and has an extensive criminal court room experience in Orange County will give you the best chance to beat your charges. Whether you were defending yourself or someone is accusing you of a crime out of malice, we can help you navigate through the criminal justice system.
Domestic violence can be defined as "abuse" committed against someone you have a "domestic" relationship with. A "domestic" relationship can include any family or friend that you have or have had a relationship with. This may include a spouse, former spouse, roommate, girlfriend, boyfriend, siblings etc.
Under California state law, abuse is defined as intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or placing a person in reasonable fear of imminent serious bodily injury. (Reference: California Family Code Division 10)
Domestic violence cases are handled by a special prosecutor's unit. The prosecutor assigned to your case will determine whether your domestic violence charge will be a misdemeanor or a felony.
Misdemeanor domestic violence penaltiesin Orange County, Ca may include domestic violence counseling, community service, no contact order with a victim, fines and up to six months in jail.
Felony domestic violence penaltiesin the state of California may include domestic violence counseling, community service, a no contact order with the victim, fines and up to three years in state prison
There are different classifications and Penal Code's for assault under California law. Each Penal Code has its own definition and potential sentence.
Simple assault California Penal Code section 240–241
Simple assault is a misdemeanor and defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. This means that no injury or even contact has to have taken place for this offense to have occurred.
This is a misdemeanor offense and can carry a sentence of up to $1000 and jail time of up to six months.
Simple battery California Penal Code section 242–243
Simple battery can be charged as a misdemeanor or felony, a determination that is made by the judge. It is defined as any willful and unlawful use of force or violence upon another person. This offense has the potential sentence of up to $2000 in fines and jail time of up to six months.
Assault with a deadly weapon (excluding firearms) California Penal Code section 245
You may be charged with this serious felony if the court believes you assaulted another person with a deadly weapon other than a firearm in a manner likely to produce great bodily harm. This offense is considered a felony in the state of California. It is punishable by up to four years in state prison and up to $10,000 in restitution.
Assault with a firearm California Penal Code section 244
Assault with a firearm does not have to be committed “in a manner likely to produce bodily harm”. The mere possession of the firearm in the commission of an assault is enough to elevate the potential sentence in this crime. This offense is a felony and carries a potential of four years in state prison and up to $10,000 in restitution.
If you are facing charges of domestic violence, assault or battery, it is in your best interest to contract the best California criminal defense lawyer you can find. Contact criminal defense attorney Andrew Lloyd for a free consultation. We are available 24 hours a day and seven days a week.
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