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Facing a charge of domestic violence or abuse can be a harrowing experience. Someone you have an intimate relationship with claiming you have harmed them could make you question everything you thought you knew about your relationship with them.

Fortunately, a local defense attorney could review your case and discuss ways to move forward. Once an attorney understands the allegations made against you, they could better explain the potential consequences of domestic violence charges in Alameda.

Is Domestic Abuse Considered a Misdemeanor or a Felony?

Domestic violence, also referred to as “spousal abuse,” can be charged as a misdemeanor or felony, depending on the circumstances. The district attorneys’ (DA) office will review the case to make their charging decision. A misdemeanor charge is the less serious of the two and could mean a threat was made, but only minor physical injury – such as a slap or a scratch – was carried out.

Felony domestic abuse, on the other hand, is much more serious. Often, the alleged victim is injured enough to require medical attention, suffered strangulation, or a weapon was involved. It can be coupled with other charges, such as assault with a deadly weapon. Weapons that could elevate a spousal abuse charge to a felony include:

  • Baseball bat
  • Knife
  • Gun
  • Vehicle
  • Any object that can do a lot of damage on its own

An Alameda criminal defense attorney could weigh the components present in your domestic violence case to predict whether you will be charged with a misdemeanor or felony and explain what consequences you may face.

Common Domestic Violence Sentences in Alameda

If the accused is convicted of a misdemeanor domestic abuse offense, their maximum jail time would likely be up to 364 days.  A felony charge is more complex.

If someone charged with a felony is in custody, their attorney could make a motion for release either on the accused’s own recognizance (promising to show up for court) or by posting bail. However, if the person cannot afford bail or is otherwise not granted release, they will need to fight the domestic violence charges from behind bars.

Domestic Violence Felony Conviction 2-3-4

The felony sentencing guideline for domestic violence charges is referred to as 2-3-4. The lower term is two years in state prison, midterm is three years, and four years is the upper. Prior convictions or enhancements could increase a person’s prison sentence.

Someone convicted of a single count of domestic violence against an intimate partner could serve up to four years in state prison, and will have that conviction on their record permanently, which could significantly impact their future. From employment offers to gun rights to custody disputes and immigration consequences, domestic violence convictions have serious long term effects.

The possibilities for sentencing following a domestic violence can be daunting, but a knowledgeable  criminal defense attorney is well-versed in the law and could strive to beat the odds at trial or in getting the case dismissed.

Ask an Alameda Criminal Defense Attorney about Potential Consequences for a Domestic Violence Charge

A spousal abuse/domestic violence charge may make you feel like your life is over. Potential consequences for domestic violence charges in Alameda vary greatly depending on the facts of your case. With a knowledgeable attorney advocating for you, you could be free in less time than you think. Get in touch today for a consultation.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

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.

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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.

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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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