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.
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.
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.
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.
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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
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!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
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!