Oakland Domestic Violence Assault Lawyer
Domestic violence is a serious concern in Oakland and to protect those viewed as potentially vulnerable, law enforcement officials sometimes make arrests first and ask questions later. There are at least two sides to every domestic dispute, so if you are facing charges involving domestic violence, it is important to ensure that your rights are protected as swiftly as possible.
An experienced Oakland domestic violence lawyer could work with you to help you protect your rights and prevent you from making mistakes that could jeopardize your case. Work with a determined assault attorney that could help achieve a positive outcome in your case.
When is an Offense Considered Domestic Violence?
When certain criminal offenses are committed by an intimate, the offense may be treated as domestic violence. This can trigger additional penalties and the imposition of protective orders. The relationship between two parties determines whether a crime will be treated as domestic violence or a non-domestic offense. For instance, a battery will be treated as domestic violence when it occurs between current or former intimate partners. (Cal. Pen. Code §243(e)(1))
Examples of Offenses in Oakland
Since domestic violence consists of a crime committed between people in a domestic relationship, it is important to understand the nature of the basic crimes involved in a charge of domestic violence. Assault is defined in Section 240 of the California Penal Code as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” This is a traditional definition of assault, which does not require an injury or even any contact between the parties for the crime to occur. A basic assault is generally punishable by up to six months in jail and a fine of up $1,000. (Cal. Pen. Code §241)
Assault is often coupled with battery, which is defined as “any willful and unlawful use of force or violence upon the person of another.” (Cal. Pen. Code §242) Again, under this definition, an offense may be committed even if no injury results.
While the maximum punishment for the basic crime of battery is usually six months of imprisonment and a fine of up to $2,000 when a battery occurs between domestic partners and is treated as domestic violence, the term of imprisonment doubles. In addition, the party committing the battery may be required to participate in a batterer’s treatment program, make payments to a battered women’s shelter, or fulfill other conditions. If a battery results in serious bodily injury, the offense may be treated as a felony with a prison sentence of up to four years.
What is Willful Infliction of Bodily Injury?
Domestic violence may also involve numerous other criminal statutes, including the prohibition against the willful infliction of bodily injury which results in a traumatic condition on someone in a domestic relationship, as described in Section 273.5 of the Penal Code. This offense may be treated as a felony punishable by up to four years in prison and a fine of up to $6,000. An Oakland domestic violence attorney could attempt to mitigate the penalties that an individual may face.
How an Oakland Domestic Violence Defense Attorney Can Help
Increasing public pressure has caused those who make and enforce the laws to do all they can to stop domestic violence. Unfortunately, in the process, the rights of innocent domestic partners may be violated.
Therefore, if you are facing charges involving domestic violence, it is wise to seek advice from a knowledgeable Oakland domestic violence lawyer as soon as possible. A defense attorney with experience in this area of law can help you comply with the terms of any restraining orders and protect your rights to help you reach the optimum outcome in your case. Call now to get started.