Receiving a domestic violence charge can generate an array of emotions – worry, fear, even anger. Not knowing what to expect can make the experience that much more difficult.
A skilled domestic violence attorney can advocate for you from start to finish. Domestic violence charges in Alameda are complex; having someone in your corner can provide some security and assurance in an otherwise uncertain time.
California Penal Code §273.5 states that domestic violence refers to “corporal injuries” inflicted on a spouse or cohabitant. Specifically, to count as domestic abuse, the violent or threatening behavior must be perpetrated against an intimate partner, which the law defines as:
There are strict definitions for an individual to be considered an intimate partner. For instance, a cohabitant is not a roommate but rather, factors that determine whether people are cohabiting include, but are not limited to, sexual relations between the parties while sharing the home, sharing of income or expenses, parties’ holding themselves out as domestic partners, etc.
In order to be convicted of domestic violence, the prosecution must prove that:
An experienced domestic violence attorney can help you defend against the accusations by attacking the requisite elements. The prosecution is required to prove each element of the crime beyond a reasonable doubt and failure to do so should and could result in exoneration.
What happens after someone is accused of domestic violence depends on whether there are additional charges and whether the charge is a misdemeanor or a felony. Domestic violence is referred to as a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony.
The difference between a misdemeanor and a felony is that the latter involves more serious conduct and, therefore, potentially longer incarceration time in a state penitentiary. Whereas, if someone is convicted of a misdemeanor, the maximum exposure for incarceration is one year in county jail. Depending on the situation, charges of inflicting great bodily injury (GBI) may be added on top of the domestic violence charge, in which case, it will enhance the charge and increase the state prison time upon conviction.
Regardless of the type of charge someone faces, anyone convicted of domestic violence may be placed on supervised release after incarceration, will be required to complete a 52-week domestic violence counseling/batterer’s treatment program, may be ordered to stay away from the named victim (via a criminal protective order), and may be ordered to pay substantial fines and fees. Whether you are charged with a misdemeanor or felony, a skilled attorney in Alameda could help you navigate the complicated legal process that follows a domestic violence charge.
On-scene arrests are common when someone alleges domestic violence. After an arrest is made, the first court appearance consists of the accused individual appearing before a magistrate or judge who will read the charges against them included on the complaint. The judge would also determine the accused’s custodial status – whether that person will be released on their own recognizance, meaning he or she will not be required to post bail but might need to abide by certain conditions, such as respecting the terms of a criminal protective order, or if the bail amount should be increased or decreased. OR release and the amount of bail is typically contingent on the severity of the charges filed, whether the individual is a flight risk, the risk to public safety, and the ability to afford bail.
After custodial status is addressed, the accused will have the opportunity to enter their plea of “not guilty” so they can fight the case. A future date is usually set for pretrial conference or pretrial hearing – the immediacy of that date typically depends on the individual’s waiver or non-waiver of their speedy trial rights.
After that, several court dates may take place where the attorneys are gathering discovery, negotiating based on legal and evidentiary insufficiencies, seeking mitigating or exculpatory evidence, and reaching a resolution of the case or setting for trial. An experienced local lawyer could review the facts of your domestic violence case and help you understand the strengths and weaknesses of your case and guide you in the decision making process regarding resolving or going to trial.
An accusation of domestic violence is wrought with painful emotions. No matter what kind of domestic violence charges you are facing in Alameda, you will likely need an aggressive criminal defense attorney to ensure your matter is handled fairly. Call today for your consultation.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
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Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!