Domestic Violence
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During an altercation with your significant other, police were called to your home, and you were hauled off in handcuffs. Now what? What rights do you have? How can you protect your best interests in a situation that has seemingly gotten out of hand?
As an experienced San Diego domestic violence attorney, I am dedicated to ensuring your rights are protected following a dispute involving household members. I will listen to your side of the story so we can present your best and strongest defense possible.
A GLIMPSE AT HOW A SAN DIEGO DOMESTIC VIOLENCE DEFENSE LAWYER CAN HELP
Disturbance calls that report domestic violence may often result in police making arrests when they respond to these calls. For instance, if authorities spot marks on someone, somebody will probably be sent to jail. This is true even if no physical contact occurred; you may be arrested if they find what they feel are indicators of physical threats made.
Domestic violence charges are relatively common. For this reason, one must understand California criminal codes. Fortunately, a San Diego domestic violence lawyer can help you fight such a charge when and if it escalates to trial.
WHY YOU NEED A DOMESTIC ASSAULT LAWYER FOR CALIFORNIA LEGAL REPRESENTATION
If you have been arrested and face subsequent charges, this can negatively impact your life in several ways. For instance, you may be issued a restraining order to prevent you from returning home. Convictions for this type of crime have dire consequences. You could lose the ability to own firearms, your job, and even parental rights in child custody situations.
Negative outcomes affect future earnings which directly impacts your standard of living. Employers commonly conduct background investigations, and a conviction can result in a job offer being withdrawn or the loss of current employment, especially in jobs or fields that require licensing. This not only restricts current employment opportunities but can also stymie upward mobility for a lifetime, causing financial insecurity well into the future.
It is paramount that you seek the help of a domestic violence defense lawyer when facing allegations and pending charges. When you need to protect your rights and best interests, a domestic assault attorney will assist from start to finish.
WHAT TO EXPECT IN YOUR CASE
As you evaluate potential verdicts, you may be tempted to plead guilty to avoid the maximum penalty or because you don’t think the jury will believe you. However, before you make the final decision, it is wise to speak with a San Diego domestic violence lawyer regarding the legal defenses that might work in your situation.
For instance, with the help of your domestic assault attorney, you may claim self-defense if you unintentionally hurt the victim while trying to protect yourself against them.
Another potential defense is mutual combat, where you may have initiated the altercation but tried to quit fighting and your victim refused. Yet another defense possibility is that you harmed the other party accidentally. Finally, you may claim that the other party falsely accused you of hurting them due to the emotional nature of your confrontation.
WHEN TO CONSIDER A DOMESTIC VIOLENCE ATTORNEY
You should hire a San Diego domestic violence attorney as soon as possible after you have been arrested for domestic violence, as anything you say or do could be used to your disadvantage in court. A family and criminal law attorney knows how to protect your best interests during interrogations by police.
San Diego domestic violence attorneys deal with California’s legal system every day. They will fight for your criminal charge to be either dropped or dismissed based on the lack of proper evidence or violation of your rights.
Additionally, you can expect a solid defense when your case moves forward to trial. If necessary, you may be advised to negotiate a plea deal if this will yield the most favorable outcome.
HOW MICHAEL C. MACNEIL HANDLES DOMESTIC VIOLENCE CASES
If you’re searching for a skilled domestic violence defense attorney, you can rest assured that I, Michael C. MacNeil, will give you the full attention and time you deserve to get you the results you need. I am invested in your case’s outcome and will personally work alongside you to pursue the best one possible given the circumstances surrounding your case.
I gladly offer initial case evaluations and can provide virtual legal help for your convenience and safety when necessary.
Schedule a consultation today to find out more about how to start protecting your freedom and your future long-term.
DOMESTIC VIOLENCE FREQUENTLY ASKED QUESTIONS
What Are the Consequences of a Domestic Violence Conviction in California?
It depends on several factors, including whether you are a first-time offender, if it’s a domestic battery, or if other criminal allegations have been made against you. If you are convicted on a charge of injuring your spouse in California, you may be sentenced to as many as four years behind prison bars, or a year behind county jail bars. You may receive a sentence of 30 days in jail for a misdemeanor charge of spousal battery. Without a reputable San Diego divorce attorney, you can also expect to lose Second Amendment rights and pay fines or restitution to the victim.
Is It Possible to Get Domestic Violence Charges in California Dropped?
Facing criminal charges during divorce is often difficult, as prosecutors ultimately determine whether charges get dropped or filed. That’s why it’s critical to hire a defense lawyer for domestic violence to help you navigate this process. Your attorney can attempt to persuade the prosecution directly to drop the charge against you, or the attorney could try casting doubt on the accuser. Alternatively, the attorney may highlight any conflicting evidence or provide the prosecution with the reality check they need regarding whether they can bring a charge successfully.
Can a Domestic Violence Conviction Affect My Immigration Status in California?
Yes, a domestic violence conviction can have serious immigration consequences for non-citizens in California. Such convictions are often considered crimes of moral turpitude or aggravated felonies under immigration law, which can lead to deportation or inadmissibility. This applies even to legal permanent residents. It is crucial to work with a skilled San Diego domestic violence attorney who understands both criminal and immigration law to minimize the risk of these severe consequences.
RESOURCES/ FURTHER READING
Browse the following resources for additional tips and guidance related to domestic violence and restraining orders.
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