Sacramento Domestic Violence Attorney Goes Over Common Questions
Violence against another person is illegal and considered assault or battery, depending on the circumstances. When the alleged victim is someone with whom the alleged assaulter has a romantic relationship, it is considered domestic violence and is a much more serious allegation. If you or someone you know has been accused of domestic violence, it’s important you speak to a Sacramento domestic violence attorney immediately.
California law makes it illegal to use physical force or to threaten physical force against an intimate partner. Such allegations can alter your life in a variety of ways. This article aims to answer some common questions regarding domestic violence but it’s not intended to be a replacement for legal expertise. If you have been accused of domestic violence, contact a Sacramento domestic violence attorney immediately.
Can domestic violence charges be dropped?
Domestic violence charges can get dismissed but it requires the legal expertise of a skilled lawyer. There are many attorneys to choose from but you should choose a defense lawyer who will take the time to explain everything carefully.
California specifically is known for being very strict in allegations of domestic violence and do not like to make it easy for charges to be dropped. Though the state makes it difficult, there are some steps that can be taken to get charges dropped.
Generally, the accuser and defendant of a domestic violence charge do not have the ability to get the charges dropped as the state treats these incidents as a crime against the state as well as against the victim. This means that even when the alleged victim claims to no longer have any grievance against the defendant and does not want to press charges, charges may still be pressed on behalf of the state.
The state then will decide whether to proceed based on the evidence there is against the defendant. If there is no evidence besides a report by the alleged victim and the defendant has no prior incidences of domestic violence on his or her record, it is more likely that the state will drop its case. The best thing to do is to prepare for the case obtain a Sacramento domestic violence attorney – most lawyers will provide a free case evaluation to let you know where you stand against the court. It is important to seek advice from an experienced attorney in order to have the best chances of getting your case dropped. Having a charge for domestic violence on your record is very serious and can affect many major parts of life.
Do I need a lawyer?
Whether it’s a misdemeanor or a felony, being convicted of domestic violence can alter your life in many different ways. It’s always a good idea to consult with a Sacramento domestic violence attorney for legal guidance pertaining to your specific situation. Although you can go straight to the courtroom and talk directly to the prosecutor, it’s highly suggested not to. Keep in mind, his job is to speak against you, not for you and therefore anything you tell him, he has the right to use against you. You must know your legal rights!
Is domestic violence a misdemeanor or a felony?
There are several different crimes with which an individual may be charged when there is an incident that is considered domestic violence. The prosecutor will consider the specifics of the case when deciding whether to charge the individual with a felony or a misdemeanor.
Domestic violence is a very serious offense, which is why the state of California takes it so seriously. When an alleged victim decides he or she was wrong to pursue charges, that may not be the end of it. The best way to protect yourself is to seek advice from a knowledgeable and experienced Sacramento domestic violence attorney who can help guide you through a painful and complicated process.
Call a Sacramento Domestic Violence Attorney If You’ve Convicted of Domestic Violence
The state of California does not take domestic violence cases lightly but that doesn’t mean there isn’t anything you can’t do. If you have been accused of domestic violence, you must reach out to a Sacramento domestic violence attorney immediately for legal representation. Give us a call at (916) 441-3500.