San Jose Domestic Violence Lawyer
In Santa Clara County, just like in every county across the State of California, if the police are called to respond to a report of domestic violence, the police must arrest the primary aggressor involved in the domestic dispute. Once an arrest is made, the police officer is required to take the arrested individual to jail. More often than not, the individual who has been arrested is booked on felony domestic violence charges if there are any noticeable signs of physical violence on the alleged victim’s body, i.e., redness, scratches, bruising, etc. The minimum bail on a felony domestic violence arrest in Santa Clara County is $25,000 and can go to $100,000 or more if the arrested person has a prior conviction for a crime of domestic violence.
Felony vs Misdemeanor
Even though the individual is arrested on a felony charge of domestic violence, it doesn’t mean that the prosecutor is going to charge that individual with a felony crime of domestic violence. If the alleged victim only has minor injuries, i.e., redness or minor scratches, then the prosecutor will usually file the charges as a misdemeanor. Sometimes, if the conduct just involves a push or a grab, then the prosecutor may not file charges against the arrested person at all.
Domestic Violence Statistics
Domestic Violence Nation-wide
- On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. During one year, this equates to more than 10 million women and men.
- 1 in 4 women and 1 in 7 men have been victims of severe physical violence (e.g. beating, burning, strangling) by an intimate partner in their lifetime.
- 1 in 7 women and 1 in 18 men have been stalked by an intimate partner during their lifetime to the point in which they felt very fearful or believed that they or someone close to them would be harmed or killed.
- On a typical day, there are more than 20,000 phone calls placed to domestic violence hotlines nationwide.
- The presence of a gun in a domestic violence situation increases the risk of homicide by 500%.
- Intimate partner violence accounts for 15% of all violent crime.
- Women between the ages of 18-24 are most commonly abused by an intimate partner.
- 19% of domestic violence involves a weapon.
- Domestic victimization is correlated with a higher rate of depression and suicidal behavior.
- Only 34% of people who are injured by intimate partners receive medical care for their injuries.
- 72% of all murder-suicides involve an intimate partner; 94% of the victims of these murder-suicides are female.
- 1 in 15 children are exposed to intimate partner violence each year, and 90% of these children are eyewitnesses to this violence.
Domestic Violence in California
- 32.9 % of California women and 27.3% of California men experience intimate partner physical violence, intimate partner sexual violence and/or intimate partner stalking in their lifetimes.
- In 2007, there were 174,649 domestic violence-related calls to law enforcement; many other incidents went unreported. 40% of the reported incidents involved weapons.
- Rape crisis centers served 31,790 survivors of sexual violence between 2011 and 2012 in California.
- In a single day, domestic violence shelters served almost 5,800 women and children.
- A forcible rape occurs every 56 minutes in California.
- Between 2009 and 2011, while other types of homicides decreased, domestic violence fatalities in California increased by 11%. Domestic violence homicides comprise 11.8% of all California homicides.
- As of December 31, 2015, California had submitted 8,245 domestic violence misdemeanor convictions and ten domestic violence protective orders to the NICS Index.
A Rising Domestic Violence Rate in San Jose
The San Jose Police Department releases an annual crime statistics report. We looked at the latest report to analyze the number of domestic-violence-related calls received by police departments in San Jose for the period 2010 to 2018:
Upon a closer look at the data, we can see a clear upwards trend from 2014 to 2018 after the number of calls was slowly declining up until 2013.
Unfortunately, this increase in domestic violence isn’t exclusive to San Jose, we can see a similar trend when we analyze data from Santa Clara County and the United States as a whole.
Domestic Violence Fatalities in Santa Clara
We also looked at the annual report released by the Santa Clara County District Attorney for the year 2017 and the results were similar. The following chart showcases the number of deaths and deadly incidents as a result of domestic violence for the years 2007 to 2017.
Although not as clear of an upwards trend line like the previous chart, this annual domestic violence death report released by the Santa Clara County District Attorney shows an overall increase. The year 2017 saw the number of fatalities break the 22-year average with 13 intimate partner violence fatalities happening in 9 incidents.
Even with these large numbers of incidents happening, there still is a large part that’s hidden. Unfortunately, not all domestic violence incidents are reported. This leads to a plethora of problems, including physical, mental, and economic effects that may last a lifetime.
If you are a victim of domestic abuse or have been falsely accused of domestic abuse, you should consult an experienced lawyer right away to protect your rights.
How to Choose a San Jose Domestic Violence Lawyer
It is important to hire a criminal defense lawyer right after a domestic violence arrest because you and the defense lawyer can start the preparations of the client’s defense, i.e., by preserving surveillance video, voicemails or text messages, interviewing the alleged victim or other potential witnesses, as well as, suggesting classes that may benefit the client or the alleged victim in court. It is important to have the criminal defense lawyer helping right from the get-go because the police will likely have a judge issue a 7-day Emergency Protective Order prohibiting contact between the arrested person and the alleged victim. Additionally, the police and/or Child Protective Services usually encourage the alleged victim to get a civil domestic violence restraining order against the accused. The arrested person needs to act quickly to preserve his or her right to remain in the home and/or to see minor children.
Our Attorneys Are Here to Help
If you have been arrested or charged with a felony or misdemeanor domestic violence in Santa Clara County, you must take quick action in hiring a lawyer in order to protect your right to remain in your home, to see your children and family, and yourself in court. At Ahmed & Sukaram, Attorneys at Law, we have been defending individuals accused of domestic violence offenses since 2005. Partner, Nafiz M. Ahmed, is a California State Bar Certified Specialist in Criminal Law, and, Super Lawyer Rising Star the past 5 years in row (2012-2016). We have offices in San Jose and in Redwood City and represent individuals in court in San Jose, Palo Alto, Redwood City and beyond. Additionally, we are amongst the most reviewed and highest rated law-firms on Yelp.com. Nafiz M. Ahmed is an Avvo.com rated 10/10.
If you would like to discuss your domestic violence case and what to expect, please feel free to contact us today at (408) 217-8818. After you hire us, we will provide you with constant access to us and provide you with updates about your case and the strategic moves that you should follow.
“My recent experience with Mr. Ahmed proved to be very helpful. He displayed a vested interest in my needs, provided accurate recommendations, was supportive and available when I needed him. I found him to be very professional and would recommend him to anybody.” – Domestic Violence Defense Client