Domestic Violence Defense Lawyer in Riverside
Charged with domestic violence? Get a free case evaluation now.
If you have been arrested and charged with the crime of domestic violence, you may be feeling scared, anxious embarrased, and even betrayed. Take action now and get defense that you can trust. Call the skilled Riverside domestic violence attorneys at The Law Offices of Ty Martinez who are able and willing to provide you with aggressive representation of your case in court. Serving all of San Bernardino County, our firm offers skillful representation and free case evaluations.
What are the penalties?
According to California state law, domestic violence or abuse is intentionally or recklessly causing or attempting to cause bodily injury or sexual assault to someone with whom you have a domestic relationship. These individuals can include:
- Spouse or former spouses
- Roommate or former roommate
- Parent of your child
- Someone you are currently or were formerly dating
- Family members
The penalties for conviction of this crime vary depending on the severity of the crime for which you are charged. A conviction of a misdemeanor charge can result in fines, counseling, community service, and up to one year in jail. Conviction of a felony charge can include up to 6 years in prison, depending on the factors of the case and a person's criminal record. It is essential that you seek legal assistance in your situation if you have been charged with the crime of domestic violence.
Information about Domestic Violence Cases
It is important that you abide by any restraining order with which you have been served. A violation of such an order is a criminal offense and can result in severe penalties. Our firm can work to have this order modified or to prevent this order from being issued.
In domestic violence cases, the impact that this situation has on any marital children is always considered by the court. The issue of child endangerment will be figure prominently in the evaluation of a restraining order or order of protection.
Child abuse is one of the more serious domestic violence offenses. Child abuse is a wobbler, which means that, depending on the circumstances, you could be charged with either a misdemeanor or felony. If threats were made against a child, then you may be charged with a misdemeanor; however, if serious injuries were sustained by the child, then you could be charged with a felony.
If a law enforcement officer sees you disturbing the peace or disrupting the safety of the public, then you could be charged with disorderly conduct. According to section 647 of the state penal code, public intoxication, loitering, soliciting, panhandling, trespassing and disturbing the peace can all qualify for a disorderly conduct misdemeanor conviction. Learn more about what constitutes disorderly conduct.
Physical abuse against a spouse or ex-spouse, or co-habitant, can result in misdemeanor or felony charges. Generally, if your spouse claims that physical contact was made, then you may be charged with a misdemeanor. If serious injuries are involved, you may be charged with a felony.
In California, stalking is defined as harassing or threatening another individual to the point that he or she fears for his or her safety or for the safety of family members. Penalties for conviction of this crime will depend on whether you are charged with a misdemeanor or a felony.
If you enter the property of another without permission or without the right to do so, then you could be arrested and charged with the crime of trespassing. In addition, trespassing could be linked to a stalking charge, which can result in a restraining order.
As a non-custodial parent, a kidnapping charge can result from a miscommunication or a simple misunderstanding. If you pick up your child from school without permission from the custodial parent, then you could be charged with the crime of kidnapping.
In domestic violence cases, various issues like battery and assault can become prominent factors. Distinguishing between whether actual physical contact was made or verbal threats of physical violence were made can be the difference between a misdemeanor and felony charge.
Call today to schedule your free initial consultation!
Searching for a domestic violence lawyer in Riverside, CA? Contact The Law Offices of Ty Martinez for legal defense of your case in court today!