Domestic violence charges should never be taken lightly. If convicted, the person's life and future and get affected negatively.
Overall, domestic violence cases come with potential jail time, legal fees, and more. Everything becomes much worse if the defendant isn't guilty of those domestic violence charges, as proving innocence can be hard without the help of a criminal defense lawyer in Sacramento, CA.
Thankfully, the domestic violence lawyer at Goss Law are trained and experienced to handle these cases in Sacramento, CA, including:
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Emotional abuse
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Physical abuse
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Spousal abuse
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Family abuse
If the alleged victim sues someone for domestic violence, they should call a domestic violence attorney in Sacramento, CA, immediately. Those interested in how a domestic violence case works in Sacramento, CA, should keep reading below for more information.
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Everything You Should Know About Domestic Violence Cases in Sacramento, CA
What Counts as Domestic Violence in Sacramento?
Domestic violence (also called DV), is a type of assault and battery case in Sacramento, CA. Overall, domestic violence issues can be committed against the following:
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Dating partner
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Cohabitant
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Fiancée
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Partner from a romantic relationship
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Spouse
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A child's parent
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Anyone with a familial nexus
When pressing domestic violence charges, the person may commonly see the Penal Code 243(e)(1) and Penal Code 273.5 quoted, which refer to "Domestic Battery" and "Corporal Injury to a Spouse or Cohabitant," respectively.
Depending on the severity of the domestic violence issues, the defendant in Sacramento, CA, may either get a misdemeanor or a felony.
Should You Hire a Lawyer in Sacramento, CA, to Fight Domestic Violence Charges?
Yes. Anyone who suffered from emotional or physical assault from a family member should contact a Sacramento domestic violence lawyer.
It's important to note that domestic violence charges are often used as leverage in family law cases.
Domestic violence issues in Sacramento, CA, are considered a serious offense, so hiring the right domestic violence lawyers in the area is imperative if the defendant wants a chance of winning.
In any case, the defendant should hire domestic violence lawyers who specialize in these issues. That way, they can sort the claims in the best way possible.
Moreover, hiring a domestic violence attorney in Sacramento, CA, can ensure the defendant doesn't waste any time or resources in a poor case, as the attorney will already have everything ready to build a strong case.
What Penalties Can Someone Face if They're Convicted of Domestic Violence?
The penalties for domestic violence issues in Sacramento, CA, aren't light at all. This is because most prosecutors believe that the parties involved in the act need "strong deterrents" to avoid future abuse cases.
As mentioned before, domestic violence cases in Sacramento, CA, may differ depending on their severity. They can get classified as a felony or a misdemeanor.
Getting charged with a misdemeanor can make the defendant face up to a year in Sacramento County jail (and they may also get a restraining order from the alleged victim/family member).
On the other hand, getting charged with a felony may make the person face a prison sentence of a year or more. According to the law in Sacramento, CA, people charged with domestic violence may also be required to attend a "Battery Treatment Program," which lasts for approximately 52 weeks.
Moreover, these people may have to pay fines, restitution, and court fees. Finally, aside from possibly getting a restraining order, the person may have issues finding employment options with a prior conviction of this level.
To summarize, a Sacramento domestic violence case can lead to the following legal issues and penalties:
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Probation
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Battery reform and education program (52 weeks)
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Jail time
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Up to $10,000 in fines
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Mandatory anger management classes
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Removal from the person's residence
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Prohibition to own and carry a firearm
Considering the number of issues that may arise from being charged with domestic violence in Sacramento, CA, it's vital that the defendant involved seeks free consultations with a reputable lawyer; that way, they can sort out any legal issue when they're building a case.
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What Can a Defense Attorney in Sacramento, CA, Argue in Domestic Violence Cases?
Thankfully, a Sacramento domestic violence lawyer has several resources to build a strong case. A free consultation may be enough for the defendant to address the best defense possible for them.
Not having a good defense in Sacramento, CA, can lead to receiving a harsh sentence. The team at Goss Law can help people who have been charged with domestic violence by using some of these potential defense strategies:
Consent
Here, the lawyer in Sacramento, CA, will argue that the harm caused to the victim was the result of consensual sexual acts, meaning that they requested that from the defendant.
Wrong Abuser
Lawyers in Sacramento, CA, will try to prove that the personal injury caused to the victim wasn't the defendant's fault but rather someone else's. In this case, the defendant would be wrongfully held responsible for the crimes of the other party.
Self-defense
This is one of the most common domestic violence defense strategies in Sacramento, CA. Here, the lawyer will argue that their client was trying to defend themself from the victim's actions, which led to the victim's injury.
Other Defenses
Although these are the three most common domestic violence defense strategies in Sacramento, CA, there are many others that the lawyer can use in their favor, including:
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Self-infliction of injuries or fraud
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Mutual combat
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Poor investigation
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Arguing the "event" didn't happen
On the other hand, the Sacramento, CA, lawyer at Goss Law can make a strategy based on mitigating circumstances, which isn't a defense itself, but it will help in sentencing and negotiations.
What Will a Sacramento Domestic Violence Lawyer Do for You?
Domestic violence cases in Sacramento, CA, can be scary, which is why it's recommended to hire a lawyer from Goss Law to help people go through these hard times.
First, it's vital for the defendant to acknowledge their right to remain silent and have an attorney from Sacramento, CA, present. In any case, the best thing a person can do is hire a lawyer before saying anything, as everything they say can be used against them.
Another important thing is to not share any details of the case with friends or family, as that will make them witnesses and will complicate the domestic violence case in Sacramento, CA, more difficult.
Once the person contacts their domestic violence lawyer in Sacramento, CA, they will help them gather and preserve any evidence they could have that may help, including:
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Text messages
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Video surveillance
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Photos
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Calls/Audio
Moreover, the domestic violence attorney in Sacramento, CA, will help the person understand their charges and rights before moving on to the case's next steps.
Something that can help a person's case in Sacramento, CA, is gathering mitigation, which includes any character reference letters from people who know them. It also helps to gather certification and documentation that reflect the person's personality or character.
Once the domestic violence lawyer in Sacramento, CA, starts building the case, the person will get a court date assigned. On that first court date, the judge will read the person their charges and present the lawyer.
Depending on the case, the judge in Sacramento, CA, may hear any issues regarding restraining orders and bail. In most cases, the prosecution will argue a Criminal Protective Order (restraining order). Someone from the team at Goss Law will argue against this order, if necessary.
Finally, the person will get a second date for their domestic violence court case in Sacramento, CA. Here, the lawyer will review the next steps and the best way to argue the defense.
Domestic violence cases in Sacramento, CA, are fairly dense to navigate, which is why having a legal expert by the person's side is one of the best options available.
Bottom Line - Talk to Our Domestic Violence Lawyer Today!
Some of the things that could affect a domestic violence case in Sacramento, CA, include the victim's injuries, if the defendant violated any restraining order, and whether or not a minor was present in the event.
Regardless of the case, hiring a Sacramento, CA, lawyer from Goss Law can help people navigate those harsh charges. In these scenarios, it's important to remain calm and take a look at all the facts of the case with a pair of fresh eyes, and that's what the Sacramento, CA, lawyer at Goss Law is there for.
It's vital to remember that domestic violence charges in Sacramento, CA, can change a person's life completely, and in severe cases, these charges can come with many hefty fees and the inability to find a job in the future, so nobody should take domestic violence allegations lightly.
The first step anyone should take after being charged with domestic violence in Sacramento, CA, is to contact an attorney and start gathering any piece of evidence that could aid the person in court.
Even if the person doesn't know where to start, the experienced counselors at Goss Law know how to come up with an effective defense strategy for these cases in Sacramento, CA.