Bay Area Domestic Violence Attorneys

How Common are Domestic Violence Arrests in the Bay Area?

The Bay Area is currently experiencing an epidemic of domestic violence. Statistics show that over 1/3 of California women and ¼ of California men have experienced domestic abuse. These same studies demonstrate an 11% increase in the number of homicides linked to domestic violence. As a result, California police and prosecutors take domestic violence very seriously. So do juries. 

One study by the Bureau of Justice Statistics found that, in cases involving sexual assault, conviction rates were higher when it occurred as part of a domestic dispute. This means that if someone has been charged with domestic violence, they stand a very good chance of being convicted without the help of a lawyer. This is why if you or a loved one has been accused of domestic violence, you must contact one of our team’s experienced and knowledgeable attorneys. 

What is Considered Domestic Violence?

Domestic abuse is a broad term that can be applied to crimes committed against members of a person’s family or household. Under California law, a family member or member of a household includes, but is not necessarily limited to, a current or former spouse, current or former romantic partner or fiancée, someone with whom the accused has a child, a child of the accused, or a first- or second-degree blood relative. Crimes that can be considered domestic abuse or domestic violence when they are committed against a family member or member of a household include, but are not necessarily limited to:

• Assault and Battery
• Sexual Abuse
• Stalking
• Harassment
• False Imprisonment
• Threatening Violence

Many people think of physical violence when they hear the term “domestic abuse.” Society even often uses the phrase “wife-beater” or “woman-beater” as shorthand for individuals accused of domestic violence. However, someone does not have to leave a mark or even commit an act of violence to be charged with domestic abuse. Threats, harassment, and other non-violent behavior may still be considered domestic abuse. 

What are the Potential Penalties for Domestic Abuse?

What potential penalties an individual may face will vary according to the precise circumstances of the case and the specific charges being filed against them. For example, someone who has been accused of striking their spouse or domestic partner during an argument may be formally charged with battery. Under California law, battery is a misdemeanor punishable by up to a year in jail and a $2000 fine. 

If someone is accused of striking their domestic partner during an argument and it results in an injury, the consequences could be more severe. This can be tried as corporal injury. A corporal injury can be something as severe as broken bones or something as seemingly minor as small cuts or a black eye. As long as an assault leaves a mark, it can be considered a corporal injury. 

Under California law, corporal injury can be tried as either a misdemeanor or a felony. The charges a person faces depend on the severity of the injury. A misdemeanor corporal injury charge can result in one year in jail. Felony corporal injury charges are much more serious. Someone convicted of felony corporal injury faces two to four years in prison and a fine of up to $6,000. If the accused has been convicted of a violent crime or sexual offense within the past seven years, the penalties can rise even further to up to five years in prison and a $10,000 fine. 

These are only a few potential charges and their possible sentences. What charges someone accused of domestic violence might face will vary from situation to situation.

What are Some Defenses to Domestic Abuse?

Although the conviction rate is high, going to trial for domestic abuse is not a guarantee that someone will end up behind bars or have to pay steep fines. Many cases of alleged domestic violence are either thrown out of court or are decided in favor of the accused. One of our team’s excellent defense attorneys will be able to review the charges and determine the best defense for an individual case.

Self-defense is a viable defense if the accused can prove they acted to defend themselves or others. People are allowed to use a reasonable degree of force to protect themselves if threatened. A defense attorney can demonstrate that the accused genuinely feared for their safety or that of others.

Another potential defense is proving that the accusations are false. It is not unheard of for people going through breakups, particularly those involving child custody, to retaliate against a former partner through false accusations. The person may be trying to bias a court in their favor or attempting to have their former partner arrested to gain sole custody of any children. A good defense attorney can establish in court that the allegations are false. For example, many people post self-incriminating information on social media. This information may be admissible in court to establish the accuser’s unreliability. 

An attorney can also obtain bystander photos, security camera footage, and other visual evidence to call into question the accuser’s injuries and behavior around the alleged incident. These are only a few of the potential defenses against allegations of domestic abuse. The critical thing to remember is that a person’s freedom is on the line whenever charges of domestic violence are levied. 

What Should I Do if I Have Been Accused of Domestic Violence? 

An allegation of domestic abuse can quickly become criminal charges. Those charges can easily become a prison sentence. It can be easy for prosecutors to sway the sympathies of a jury toward an alleged victim of domestic violence. This is particularly true if any children are involved. Contact one of the attorneys on our team at the Law Offices of William V. Pernik today. 

Our attorneys are passionate about providing a strong defense to those who need it. We believe everyone is due their day in court, and we work tirelessly to make sure the truth wins out overall. Don’t take risks. Call us today at 831-612-1970 to schedule your free consultation.