San Jose Domestic Violence Lawyer
Relationships are tough to maintain, and the modern age has only led to an increased number of divorces and separations throughout the country. Disagreements may get out of hand during these separations, which could cause one person to call the police and allege domestic violence. If you have been arrested on charges of domestic violence, do not hesitate to contact an experienced San Jose domestic violence lawyer.
Domestic Violence Charges
Domestic violence charges can quickly escalate and become a major issue. In California, assault and battery against a spouse, fiancée, or cohabitant can lead to domestic violence charges. It is important to keep in mind that even if the accuser later recants their domestic violence report, the charges will stick. Therefore, even if domestic violence charges were filed in the heat of an argument, they cannot be later dropped. A full domestic violence conviction often leads to jail or prison time in California, even on first time charges which makes it that much more important to hire a skilled San Jose domestic violence lawyer. If the abused person is an elder in your care, it can also be considered elder abuse. In this situation our San Jose elder crimes attorneys may be able to help.
Domestic violence laws were put in place in California to protect family members due to the unique relationship with the accused defendant. As such, the laws in California are intended to seriously punish the accused defendant. California does not have one unique section for just domestic violence, and the crime can be brought under various different laws, including battery or child abuse.
Most charges are brought under the Infliction of Corporal Injury on a Spouse or Cohabitant, which is defined as inflicting “corporal injury” resulting in traumatic condition on a victim, including:
- Current or former spouse
- Current or former cohabitant
- Someone with whom you had an engagement or dating relationship
- Mother or father of your child
Domestic Violence Defenses
Domestic violence charges may not lead to extended punishment or penalty ranges. However, domestic violence charges may impact your ability to maintain child custody and your ability to own or possess a firearm for an extended period.
An experienced criminal defense attorney will work with you to establish a defense against domestic violence charges. Common defenses include self-defense, accidental injury, or fraudulent claims. Domestic violence convictions must include the intentional infliction of physical injury which led to traumatic condition. A traumatic condition is defined in the California Penal Code as a “wound or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether minor or serious, caused by physical force.” Most injuries that are visible will fall within this definition.
It is important to address domestic violence charges as soon as possible to prevent a conviction from occurring which could impact your future.
Ahmed & Sukaram | San Jose Domestic Violence Attorneys
If you have been charged with domestic violence, do not hesitate to contact the attorneys of Ahmed and Sukaram. Our attorneys have years of experience in assisting our clients with domestic violence charges. A simple argument between family members should not lead to years of imprisonment and a stain on your criminal record. Contact our San Jose, California office today for your initial free consultation.