Penalties for Domestic Violence in Oakland
Simply being accused of committing violence against members of your household or those you share an intimate relationship with could have devastating implications for your personal and professional life. Furthermore, the penalties for domestic violence in Oakland and throughout the state of California are especially serious, and could have long-term, even permanent, ramifications.
If you are facing domestic violence charges, it is important to work with a local defense attorney who could help you minimize the potential penalties you are facing. In some cases, a skilled lawyer may be able to have the charges dropped entirely.
What are the Penalties for a Domestic Violence Conviction?
Something unique about domestic violence cases throughout the state of California is the law requires people who are convicted or plead guilty to go through a 52-week domestic batterers intervention program (BIP), which is also called domestic violence counseling (DVC). These classes occur one day per week for a year and cannot be performed quicker in frequency.
In addition to domestic violence counseling, people convicted of domestic violence crimes can be required to pay hefty fines, court fees, and victim restitution. In order to successfully complete any term of probation, all victim restitution must be paid and all fines and fees paid off or waived. Probation can range in duration depending on the severity of the case. If the person is convicted of a felony domestic abuse charge, he or she could face up to four years in prison and the length of parole can be longer than the length of probation for someone convicted of a misdemeanor domestic violence offense.
Long -Term Consequences
Criminal protective orders can be issued that require the offender to move out of a shared home, stay away from the alleged victim of the crime, and not have any direct or indirect communication. It is possible that a domestic violence restraining order can be pursued against the accused as well – if the order is granted it can last for a maximum of five years which often exceeds the length of the criminal protective order. Further, if someone pursues a renewal of a domestic violence restraining order it is possible that a court can grant a lifetime order upon sufficient showing that there is a reasonable apprehension that the abuse will occur again.
Convictions can have long term effects because they can create permanent entries on your criminal record. These records follow you around for life unless the crime is vacated, dismissed, or sealed.
Furthermore, a domestic violence conviction, even a misdemeanor, will result in a lifetime ban on possession of firearms. There are also severe immigration and custody consequences that can occur as a result of a domestic violence conviction.
Anyone charged with domestic violence in Oakland should seek a hardworking defense attorney to avoid or mitigate these harsh penalties.
Benefit of an Oakland Attorney
People who have been charged, arrested, or are otherwise facing allegations of domestic violence could have many aspects of their lives drastically impacted. Even without a guilty verdict, they could face serious, long-term implications.
There may be a concurrent case that is also filed in a family court, along with a criminal protective order issued that may restrain the person who is accused against the person who is protected. This could impact where the accused can go, who he or she can contact, and may separate him or her from his or her children.
That is where an accomplished attorney could step in. A seasoned defense attorney from the area could help protect the rights of someone who was accused of committing domestic violence. A lawyer could find weaknesses in the prosecution’s case and argue for minimized penalties or potentially a case dismissal.
Furthermore, legal representation could help a defendant avoid compromising his or her case. For instance, if a defendant is unaware of the guidelines of his or her restraining order, a lawyer could help ensure he or she does not violate this order and therefore avoid an additional charge of contempt. It is common that parties involved in domestic violence cases will communicate with each other in an attempt to reconcile but this can be a direct violation of a criminal protective order and lead to additional criminal charges even if the alleged victim is consenting to the communication. A domestic violence attorney who is familiar with criminal protective orders and restraining orders will be able to guide you in the proper course of action to modify or terminate the restraining orders issued by the court.
Discuss Domestic Violence Penalties with an Attorney in Oakland
Attempting to defend yourself against accusations of domestic violence could hinder your chances of a positive outcome to your case. Since the penalties for domestic violence in Oakland are severe and long lasting, it is imperative to work with an attorney who could help you build a strong case against these allegations. Contact our team right away to schedule your initial case consultation for free.