A Marin County Domestic Violence Attorney Discusses Domestic Violence Charges
Intimate partner violence accounts for 15 percent of all violent crimes in the nation. In Marin County, specifically, the number one violent crime is domestic violence. These statistics show that domestic violence is shockingly common. However, not all domestic violence cases fit neatly within the legal definition, and no two cases are the same. Frankly, many times, people are caught off guard when charged with domestic violence. As you will see, if a defense is available to you, it must be aggressively asserted on your behalf. If you’ve been charged with domestic violence in San Rafael or anywhere else in California, including Marin County, San Francisco, Novato, Petaluma, and Sonoma County, it’s important to reach out to a Marin County domestic violence attorney for fiercely compassionate advocacy. At Brownstein Law Group, P.C., your freedom and your future come first.
Domestic Violence in California
Domestic violence is defined as intentional or reckless physical abuse perpetrated against an intimate partner or a person related by consanguinity or affinity. An intimate partner of the alleged abuser may include a spouse, fiancé, someone who lives with them, a boyfriend/girlfriend, or a person with whom the person has had a child.
Consanguinity and affinity, as referred to under the California statutes, is another word for blood relatives and relatives of no-blood relation, respectively. For example, consanguinity might refer to relations such as a child, grandchild, or sibling, or in the case of affinity, in-laws, aunts, or uncles.
What Constitutes Domestic Abuse?
Abuses that may be considered domestic violence are less than clear-cut. Abuses that may fall within the definition of domestic might include physical aggression, sexual abuse, psychological abuse, financial abuse, or stalking. Some of the more common domestic violence charges that people face include the following:
- Corporal injury upon a spouse or cohabitant
- Domestic battery
- Child abuse
- Elder abuse
- Child endangerment
- Child neglect
- Stalking
- Criminal threats
- Aggravated trespass
- “Cyberstalking” or posting harmful information on the internet
- “Revenge porn”
Domestic violence isn’t limited to instances of physical violence. Under California law, domestic violence can also include sexual violence, emotional abuse, and threats. It can also include being forced into isolation or being confined against their will.
Many domestic violence cases depend upon circumstantial evidence with no witnesses to the incident. As a result, these cases can be very challenging, particularly for non-lawyers. If you have been charged with a domestic violence offense, the best thing to do is contact a Marin County domestic violence attorney as soon as possible.
Domestic Battery and Corporal Injury to a Spouse or Cohabitant
Domestic battery is one of the most common domestic violence offenses that is charged. That’s because all that is required is for physical contact to occur in order to charge someone with domestic battery. As a result, if one spouse pushes the other, they could be charged with domestic battery even if the other spouse wasn’t injured.
Corporal injury to a spouse or cohabitant is another very common domestic violence charge. As the name implies, there must be an injury in order for this offense to be charged. It is, therefore, a much more serious offense than domestic battery. Where domestic battery is a misdemeanor charge, corporal injury is a “wobbler”—it can be charged as a misdemeanor or a felony, depending on the circumstances of the case. Typically, it will be charged as a felony if the victim suffered serious physical injuries.
Whether you have been charged with misdemeanor domestic battery or felony corporal injury, a conviction can change your life forever. You need a Marin County domestic violence attorney on your side who will aggressively fight for a fair result.
Domestic Violence Can Arise in Many Different Contexts
When you mention domestic violence, most people immediately think of the traditional family arrangement—married spouses and the children of that marriage. However, California’s domestic violence laws actually apply to a much broader variety of relationships than you might expect. An intimate partnership can include people who are in non-married, committed relationships, as well as people who have a more casual relationship. Domestic violence charges can involve roommates, stepchildren, foster children, extended family members, and friends. Domestic violence charges can also involve former romantic partners, ex-spouses, and other people who lived together or otherwise had an intimate relationship.
The bottom line is that you can face domestic violence charges even if you weren’t married or related by blood to the person accusing you of abuse. A domestic violence charge can be far more damaging to your reputation than simple assault and battery, so context is critical. If you have been charged with domestic violence, a Marin County domestic violence attorney can assess the case against you and help you find a way forward.
Possible Consequences & Penalties in California
Domestic Violence charges may be graded as either a felony or a misdemeanor. The sentences that might be imposed include:
- Mandatory minimum jail or prison time
- Probation
- Fines
- Restitution to victims
- Participation in domestic violence classes or anger management classes
Additionally, other mandated or collateral consequences may include loss of custody rights, loss of California gun rights, immigration repercussions such as deportation, and the issuance of protective orders against the abuser.
Understand Your Legal Defenses
Many people who are facing a domestic violence charge in San Rafael, Marin County, Sonoma County, and the State of California do not fully understand the position that they are in. Because the definition of domestic violence in California is so wide-reaching, and because many circumstances fall into a gray area, many people feel that they have been wronged. At times, the circumstances of the case are not as simple as the police report may indicate. Furthermore, judges and juries may find that the allegedly abusive conduct involves circumstances that may complicate fitting the conduct into the legal definition of domestic violence.
Whether a case is black and white or involves difficult nuances of the law, an individual accused of domestic violence will need to be prepared to defend against potentially harsh consequences.
What Defenses Are Available?
Legal defenses that might be available, depending on a person’s circumstances, could include the following:
- The defense that the respondent lacks the requisite intent, or, in essence, that the conduct was an accident
- The defense that the respondent did not cause the injuries to the person
- The defense that the act was committed in self-defense or the defense of another person
- The defense that the accusation was contrived by the victim
It may be possible to demonstrate that the conduct does not rise to the level of abuse necessary to constitute the charge due to context or circumstance. This is where a skilled attorney comes into play.
Contact A Marin County Domestic Violence Attorney Who Will Aggressively Fight For Your Rights
In order to protect yourself from wrongful conviction, you need to aggressively and effectively assert your available defenses. It is crucial to hire an experienced Marin County domestic violence attorney to help you through this difficult time. If you have been charged with domestic violence in San Rafael, Novato, Petaluma, Marin County, Sonoma County, San Francisco County, or the Bay Area, please contact Attorney Josh S. Brownstein to explore your options and to begin building your case.