To many people, the difference between domestic assault and domestic violence in Oakland is unclear. Domestic violence is typically charged under two Penal Code sections 273.5 and 243(e)(1). Penal Code 273.5, which is known as Corporal Injury, occurs when an act of violence is committed against someone who is in an intimate relationship with the defendant that results in a traumatic injury. Penal Code section 243(e)(1) is charged when a battery is committed upon an intimate partner – even if that battery did not result in a traumatic injury.
Domestic violence crimes are distinct from crimes of simple assault or battery because there are added protections and penalties when the violence occurs against an intimate partner such as deportation, denial of naturalization, denial of entry, lifetime bans on firearm ownership, and presumptions about custodial arrangements in family law disputes.
Domestic violence is distinguished from simple battery and assault by the relationship of the parties involved. When the act is perpetrated against a spouse, a former spouse, someone who lives with their partner, or formerly lived with their partner, someone they have a child in common, or they were previously or currently in a dating or in an engagement relationship it can amount to domestic violence. If you are facing assault charges for allegedly harming someone who you have an established relationship with, it is essential that you call a local domestic violence defense attorney right away to protect your rights.
When one is convicted of domestic violence versus an assault, the charges on the surface level may seem similar, sharing many of the same elements for the prosecution to prove to the jury. However, the consequences of a conviction differ from those of a domestic assault. An individual who was convicted of domestic violence may be required to attend a batterer’s intervention program, parenting classes, or other domestic violence counseling, can face a ban on their ability to own firearms for life even with a misdemeanor conviction of Penal Code section 273.5, can face deportation and other immigration consequences, and can be required to pay more substantial fines and fees and even face longer jail sentences especially if the domestic violence crime is charged as a felony.
The severity of the injuries in domestic violence cases often has an effect on the possible consequences and penalties. The more severe the injuries the more likely the crime may be charged as a felony and can even have a Gross Bodily Injury enhancement that will add state prison time exposure to the underlying domestic violence offense. Domestic violence penalties can get severe rather quickly.
Regardless of whether the alleged crime was a general assault or domestic violence, a criminal protective order may be put in place to keep the accused and alleged victim apart. There might also be a domestic violence situation where a case is going through Family Court at the same time it is being tried in criminal court. When the two parties have a shared child and the Family Court gets involved, different types of domestic violence orders might be put in place to protect the alleged victims or children involved.
It is also common to see that a criminal court may issues a criminal protective order but the victim of the crime also pursues a Domestic Violence Restraining Order in restraining order/ family court. This creates added exposure for the accused because they now have to defend against criminal charges as well as a restraining order petition that can be put in place for up to 5 years – and is subject to renewal for life if there is cause to do so. Domestic Violence Restraining Orders can also encompass orders about custody, visitation, support, control of animals, debt payments, and the like – it is critical to have representation for both actions to ensure that what is said in DVRO court does not affect the criminal action and that the individual’s rights against self-incrimination remain protected.
Domestic violence charges can have serious lifelong long consequences attached, lengthy jail or prison sentences imposed, year long domestic violence counseling requirements, stay away orders, search clauses, and much more. Domestic violence convictions can have an impact on family court dispositions, immigration proceedings, and basic civil liberties like gun ownership – even for misdemeanor PC 273.5 convictions with no ability to restore without a pardon. The sooner an individual accused of a domestic violence crime contacts an experienced domestic violence attorney – the better. Enlist the help of a lawyer who can guide you on the various differences between domestic assault and domestic violence in Oakland and can help mount a defense that will protect your long term goals and life.
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!
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!