San Jose Domestic Violence Attorney
Our Domestic Violence Lawyer in San Jose Can Help
Domestic violence is a nationwide epidemic. More than 12 million U.S. men and women experience domestic violence each year. Domestic violence may occur over trivial issues or due to deep-seated emotional problems. However, there are also cases where a person wrongfully accuses a partner or family member of domestic violence. Depending on the circumstances, your career, education and life in general may suffer extensive damage if you are convicted. Yet you may have legal options if you are facing domestic violence charges or a restraining order. Our domestic violence lawyer in San Jose, CA can help you defend yourself from charges that may come with life-ruining consequences.
Attorney Nick Cvietkovich has experience handling domestic violence defense cases in the Bay Area and the surrounding areas. As an experienced domestic violence attorney, he has successfully helped numerous clients by providing fair and just representation.
Domestic Violence Laws in California
What delineates domestic violence from 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 situations where you could face domestic violence charges. Two are among the most common:
- Infliction of corporal injury (Penal Code Section 273.5); and
- Domestic battery (Penal Code Section 243(e).
Infliction of corporal injury is potentially a felony that could result in up to four years in state prison and fines of up to $6,000. Corporal injury is defined as a traumatic bodily condition, such as a wound or other external or internal injury caused by physical force. The injury does not need not be serious, but it must be directly attributable to actions of the accused.
Domestic battery is a misdemeanor offense under California law. You could also face 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 who falls under domestic violence statutes. The victim does not need to suffer an injury to bring domestic battery charges.
Additional Domestic Violence Consequences in California
Facing a criminal conviction comes with its own set of consequences. In addition to fines and time behind bars, you could face problems that affect your life in a number of different ways. You could also experience the following consequences for a domestic violence conviction.
- Loss of gun rights. You may be unable to purchase or own a firearm in California if you receive a conviction.
- Loss of custody. If you have a child, or are in the middle of a custody dispute, then you could lose custody for receiving a conviction.
- Immigration issues. You could face deportation if you are an immigrant. Additionally, you could become unable to enter the United States.
- Loss of job opportunities. You could lose your job for a conviction, or could face major difficulties finding another job. Many employers have reservations about hiring people with criminal convictions.
- Restitution. Some criminal convictions require you to pay restitution to the victim. You could have to pay money to the person who accused you of domestic violence.
As you can see, the consequences of a domestic violence charge extend far beyond time in jail and fines. Some of the consequences listed above may follow you for the rest of your life.
California Domestic Violence Defense Strategies
There are a couple of ways our domestic violence defense lawyer in San Jose could defend you from criminal charges. It is important to keep in mind that your options depend on the circumstances surrounding your case. Each case is going to be different. However, here are some of the most common defense options.
- False accusation. In this case, it may be possible to show that the accuser is not telling the truth about what happened or the extent of his or her injuries.
- Self-defense. It may be possible to show that you were acting in self-defense when the situation occurred.
- The injuries did not occur from the incident. Depending on the circumstances, it may be possible to show that the injuries suffered by the accuser did not occur due to an act of domestic violence.
It is important to pick an attorney who has extensive experience with domestic violence cases. He or she will know the best defense strategies and have experience dealing with seasoned prosecutors.
Contact Our San Jose Domestic Violence Lawyer
At the Law Offices of Thomas Nicholas Cvietkovich, we have extensive experience defending against domestic violence charges. Our San Jose domestic violence attorney understands that whether you have been falsely accused or simply made a mistake, you may still have a number of defense options under California law. Depending on the circumstances, he can potentially reduce or eliminate charges and penalties.
Whatever your situation, facing domestic violence charges on your own is never a good option. The stakes are too high, and even a minor mistake can lead to life-ruining consequences. Instead, put the experience of our team to work.