Domestic violence crimes involve violence or abuse directed toward intimate partners. In some situations, the alleged targets of these crimes may claim that they have suffered physical injuries as a result of a perpetrator’s actions. The presence of physical injuries can result in law enforcement officers filing more severe charges that may result in harsh penalties.
All too often, accusations of domestic violence turn out to be false, such as when they arise in the context of divorce or child custody proceedings. Nonetheless, even if the alleged victims later want to “take back’ their accusations, the law may not permit them to do so. If you are facing charges, retaining the advice of a San Leandro domestic violence with injury lawyer may be essential, as you can expect prosecutors to seek harsh penalties in your case.
Cal. Pen. Code § 273.5 is a “wobbler” offense – it can be charged as a misdemeanor or felony. Individuals may face a Penal Code section 273.5 charge if they intentionally inflict physical injury that results in a traumatic condition on any of the following persons:
The code section goes on to define “traumatic condition” as a medical condition caused by physical force, such as a wound or any internal or external injury. Physical force may also include suffocation or strangulation. Whether a Penal Code §273.5 violation is charged as a felony or a misdemeanor tends to depend on the extent and severity of the injuries.
A felony conviction for domestic violence with corporal injury can result in a prison sentence of two, three, or four years, or a county jail sentence of no more than one year, a fine of up to $6,000, or both. For individuals with a previous conviction in the past seven years, penalties may include a minimum of one year in jail, a prison term of two, four, or five years and a fine of up to $10,000.
In some cases, a judge may sentence an individual convicted of domestic violence to probation as opposed to incarceration. Often, however, one of the conditions for probation for individuals with prior convictions is mandatory jail time. If individuals have one prior conviction within seven years, the minimum jail sentence is 15 days. If they have two or more prior convictions, the minimum jail sentence is 60 days.
Furthermore, if the court grant probation, it may direct individuals to pay up to $5,000 to a domestic violence shelter instead of a fine. The court may also order individuals to reimburse alleged targets of the domestic violence for the reasonable costs of counseling and other expenses. Individuals convicted of a PC §273.5 violation can also be required to participate in and complete a 52-week Batterer’s Treatment Program.
Finally, as an attorney in San Leandro may advise, the court can issue a protective order that prohibits contact between the parties for a period of up to ten years, regardless as to whether one party is incarcerated. As the penalties for a felony conviction may be severe, getting the advice of a domestic violence with injury lawyer in San Leandro could be helpful.
In addition to the sanctions and permanent criminal record associated with a domestic violence offense, a d defendant will lose certain civil rights, such as the right to possess a firearm for life even if the conviction is for a misdemeanor Penal Code section 273.5 violation. A San Leandro domestic violence with injury lawyer can fully advise you of the potential repercussions of a domestic violence conviction.
When domestic violence allegations are unfounded, legal counsel may be able to work toward having charges dismissed. In other cases, especially if the alleged victims have changed their minds about the situation, they may be eligible for reduced charges or other opportunities to avoid the possible consequences of a domestic violence conviction.
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!