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Domestic violence pertains to assault and battery crimes between individuals who have an intimate relationship. Intimate relationships encompass spouses or former spouses, somebody with whom they lived or still live with and had an intimate or dating relationship, or family members.

If you are facing charges for family battery, you should consider reaching out to a lawyer. Some of the benefits of an Oakland domestic violence attorney include a knowledge of state criminal statutes, experience with local prosecutors and judges, and resources to conduct important defense investigations.

Understanding Domestic Violence Statutes in Oakland

There are specific statutes in state law that outline domestic violence offenses. An attorney could help a defendant distinguish between these various offenses and build an effective defense strategy.

California Penal Code §273.5 dictates that an act of violence that causes a traumatic condition that was intentionally or willfully inflicted on the alleged victim is a felony offense. A traumatic condition is some kind of physical injury such as a wound, something that requires professional medical treatment. It would include strangulation or suffocation, and similar assaults.

There is also a lesser included offense of Penal Code §273.5 that does not require an actual injury; rather, it simply requires that force or violence was used against the victim, like forcing a cell phone from a spouse’s hands and throwing it against the wall.

Avoiding Potential Penalties

If a person is accused of domestic violence in Oakland there will be potential consequences including but not limited to state prison or jail time, probation or parole, 52-weeks of domestic violence counseling, anger management, weapons restrictions, firearm relinquishment, fines, restitution, and conduct orders.

The District Attorney’s Office in Alameda County and in Oakland actively prosecutes domestic violence cases when there is a cooperative victim and an identifiable injury.  Defendants who are accused of domestic violence need somebody in their corner to fight for them, someone who is familiar with identifying weaknesses and flaws in evidence, gathering investigations and witness statements to provide exculpatory evidence, seeking and securing alternative dispositions, and protecting clients from collateral consequences like professional license suspensions and deportation proceedings.

Reaching Out to a Domestic Violence Attorney

There are myriad benefits of an Oakland domestic violence attorney for someone who is facing charges. A criminal defense lawyer in Oakland will likely be familiar with how domestic violence cases in Oakland are prosecuted, as well as the alternative sentencing options available to a defendant. A lawyer could also prepare for trial and fight to achieve the best possible outcome that avoids the severe penalties associated with domestic violence whether that is through mitigation or litigation.

A person accused of domestic violence in Oakland needs a lawyer in their corner who knows the system and preferably one who has experience in Oakland – an attorney who can navigate the criminal defense maze for them and help the client understand what is going on and what is at stake. Reach out today for legal representation.

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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.

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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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