San Jose Domestic Violence Lawyer
Domestic Violence Defense Attorney in Santa Clara County
Every day, families are devastated by the impact of domestic violence. It may stem from a relatively trivial argument that gets out of control or more deeply-seated emotional issues. Whatever the cause, if you are facing charges of domestic violence, Attorney Nick Cvietkovich is prepared to help you. In his career, Mr. Cvietkovich has worked with thousands of clients and has successfully defended hundreds of domestic violence cases.
A Bay Area Lawyer Who Understands Domestic Violence Charges
What delineates domestic violence from any number other violent crime charges is the relationship of the victim to the alleged perpetrator. An allegation of domestic violence is only considered as such when the victim of the action is a current or former spouse, romantic partner, fellow parent, or other member of the accused person’s household.
Under California law, there are several provisions under which charges of domestic violence may be brought. There are two, however, that are among the most common:
- Infliction of corporal injury (Penal Code Section 273.5); and
- Domestic battery (Penal Code Section 243(e).
The infliction of corporal injury in a domestic violence case is prosecuted as a felony, potentially resulting in up to four years in state prison and fines up to $6,000. Corporal injury is statutorily defined as a traumatic bodily condition, such as wound or other external or internal injury caused by physical force. Such a condition need not be serious, but it must be directly attributable to actions of the accused.
Domestic battery is a misdemeanor offense under California law, punishable by fines up to $2,000 and imprisonment for up to one year. An individual commits domestic battery when he or she willfully and unlawfully uses force or violence against a person considered under domestic violence statutes. The victim does not need to be injured to any extent to bring charges of domestic battery.
Professional Legal Representation in Domestic Violence Cases
At The Law Offices of Thomas Nicholas Cvietkovich, we have vast experience defending domestic violence charges. We have also worked with many families dealing with domestic violence restraining orders and their impact. Mr. Cvietkovich understands that whether you have been falsely accused or simply made a mistake, you may still have a number of options under the law. He will negotiate with prosecutors, when necessary, to reduce, and, in many cases, eliminate charges and penalties.
Whatever your situation, facing domestic violence charges on your own is never a good option. Instead, put the experience of our team to work for your defense. Contact The Law Offices of Thomas Nicholas Cvietkovich to find out how we can help you. Call 408-625-1130 to schedule your free consultation today.