San Jose Domestic Violence Attorneys

How Common Are Domestic Violence Charges and Convictions? 

Domestic violence has become a concern in recent years for the San Jose police department. This is because domestic violence 911 calls and resultant arrests have been climbing for over a decade. Since 2013, domestic violence arrests have been steadily increasing. In response, California has signed a series of new bills into law intended to combat domestic violence cases. This includes the Domestic Violence Prevention Act. As a result, the San Jose district attorney’s office takes domestic violence cases extremely seriously. This means a prosecuting attorney will be more aggressive in pursuing domestic violence charges and work harder to secure a conviction at trial. 

Someone standing trial for domestic violence has a greater chance of being convicted than someone accused of non-family violence. This means if you or a loved one has been arrested for or accused of domestic violence or domestic battery, you stand a greater chance of going to prison. Having been convicted of domestic violence carries a special stigma in both prison and society. Someone labeled a “wife-beater” or “child abuser” will face greater social scrutiny than individuals accused of other crimes. They will often face greater difficulty finding and keeping jobs, maintaining family and social relationships, and may even struggle to find a home. That is why a skilled and experienced domestic violence attorney is crucial. A criminal defense attorney will be able to mount a strong defense and give you the best chance of staying out of prison and remaining a productive member of society. 

What is Considered Domestic Violence?

California domestic violence laws cover a wide array of behaviors that are considered criminal. For a crime to be considered domestic violence in California, it must be committed against a current or former spouse, current or former cohabitant or domestic partner, child, parent, sibling, and other blood relatives. Common domestic violence charges include, but are not necessarily limited to:

• Assault and Battery
• Corporal Injury
• Child Abuse
• Child Endangerment
• Violating a Domestic Violence Restraining Order
• Making Criminal Threats

These are only a few potential charges an individual could face after being arrested for domestic violence. California domestic violence laws can be broad in their definition, and what charges are filed against an individual are often left up to the prosecuting attorney in a given case. For example, a corporal injury is any kind of bodily injury inflicted by physical force that results in a “traumatic condition.” Basically, if someone does something and leaves a mark, it could be considered a crime. This means if you shove someone during an argument, and it leaves any kind of bruise or mark, it can be considered a crime, and you can be arrested. 

This can be especially troublesome in cases involving divorce, child custody disputes, or the end of a dating or engagement relationship. One partner may feel hurt or betrayed and use the legal system to retaliate for real or perceived slights. Often, this can lead to a case of “he said, she said.” Due to the prevalence of domestic violence cases in California, many police officers, lawyers, and other officers of the court may be inclined to take the victim’s word as fact without considering the defendant’s side of the story. This can potentially lead to jail time, the loss of child custody, and more. 

What are the Potential Consequences of a Domestic Violence Conviction? 

Because California domestic violence laws are so broad, so is the range of potential punishments. What charges someone faces, and therefore what penalties, will vary depending on the specific circumstances of the case. For example, if someone were accused of hitting another person during a domestic dispute, and there were no marks left, that individual would likely face misdemeanor domestic battery. Misdemeanor domestic battery is punishable by between 30 days and one year in jail and a fine up to $2,000. 

However, if someone were accused of striking another person during a domestic incident and it left a visible injury, the charges could be changed to inflicting corporal injury on an intimate partner. Depending on the severity of the injury, this could be tried as either a misdemeanor or a felony. If it were tried as a misdemeanor, a conviction could result in between thirty days and a year in jail and up to a $2,000. A felony conviction could result in between 30 days and four years in jail, plus an additional sentence ranging between two and up to five years if the alleged victim sustained what the court regards as serious injuries. 

Are There Punishments Besides Jail and Fines for a Domestic Violence Conviction?

In addition to jail time and fines, there are other potential consequences to a domestic violence arrest or conviction. Someone facing domestic violence charges may have a temporary restraining order placed against them, which could prevent the individual from seeing certain family members or visiting certain important places in their life, such as a home or children’s school. 

Someone facing domestic violence charges or who has been convicted of domestic violence may also lose child custody, or have their custody reduced or modified. This could mean the individual can only see their children under certain circumstances, such as during a supervised visit. Depending on your residency status, a domestic violence charge or conviction may also have grave immigration consequences. Being arrested for domestic violence could potentially harm an ongoing immigration case, and could potentially even lead to deportation if the accused is not a legal permanent resident. Every case is unique, and the consequences can vary depending on specific circumstances. This is why it is vital to consult an experienced criminal defense attorney.

What are Possible Defenses to Accusations of Domestic Violence?

Although the State of California is aggressive in prosecuting charges of domestic violence, a trial does not guarantee a conviction. Everyone is considered innocent until proven guilty, and anyone accused of having committed an act of domestic violence will have the opportunity to defend themselves in court. In domestic violence cases, an individual facing domestic violence charges has multiple potential defenses available to them. An experienced domestic violence defense attorney can determine the best possible defense in a given case. In some instances, if an attorney is able to mount a strong enough defense from the outset, they may even be able to get the alleged victim to withdraw their complaint. Some examples of potential defenses in domestic violence cases include, but are not necessarily limited to: 

Self-Defense

One potential defense to charges of domestic violence is self-defense. Individuals are allowed to protect themselves and others against death and imminent bodily harm. If an attorney can demonstrate that the accused was acting in self-defense, the accused may be able to avoid conviction. Additionally, if someone accused of domestic violence can demonstrate their current or former partner became physically violent with them first, this could potentially be used as evidence in future divorce or child custody hearings. 

Witnesses

Another potential defense is introducing eyewitness testimony. If the alleged incident occurred in public or in the presence of other people, an attorney can call them as witnesses to testify on behalf of the accused. A skilled San Jose domestic violence attorney will be able to identify any potential witness testimony that would be beneficial to a defendant. 

Evidence

Presenting evidence in court is another strong defense. For instance, many individuals are open and unguarded about their actions when posting to social media. This includes potentially admitting to criminal behavior. Suppose someone claims a former spouse was abusive to them and has that individual arrested on charges of domestic battery. Later, they admit on social media that they called the police in retaliation for some real or perceived slight, and that the abuse never occurred. An attorney can use this information to potentially get the charges dropped or prove to a jury that the alleged victim is unreliable. Similar to the above scenario involving a physically violent partner, being able to prove in court that someone has a history of making false statements can impact the course of future divorce and custody cases. 

Lack of Evidence

On the other hand, a lack of evidence is also a potential defense. Although some individuals may be inclined to take sides in a “he said, she said” situation, the court must prove someone’s guilt in order to secure a conviction. This means they must present evidence at trial proving an individual is guilty of the crime for which they are being charged. Testimony from the alleged victim is not necessarily enough to secure a verdict against the accused. If all a prosecutor has is the alleged victim’s word and no further evidence, this can potentially result in an acquittal or the charges being dropped. 

What Evidence Should I Collect if I Am Accused of Domestic Violence?

If you have been arrested for or accused of domestic violence, the most important thing to do is to contact an attorney. An attorney will be able to walk you through the next steps and explain who you should and should not speak to, places you can go or should avoid, and more. Part of this process will potentially involve gathering evidence that can be used in your favor in court. Anything that can possibly aid your case is potential evidence. Examples of potential evidence include, but are not necessarily limited to, text messages, voicemails, screenshots, content from social media, video recordings, audio recordings, hospital records, and more. What evidence may or may not help you will vary depending on the circumstances of your individual case. You must consult an attorney prior to attempting to collect any potential evidence. 

How you obtain evidence can be just as important as the evidence itself. For example, if you are under a restraining order, you may not be able to collect certain things or contact certain individuals who may be helpful to your case. If an individual has been ordered to stay away from a certain person or place, and they violate that order in an effort to collect evidence for your case, the results can be devastating in court. Violating a restraining order can be introduced as evidence establishing that they are comfortable breaking the law and that they pose a threat to others. 

Additionally, if you obtained evidence while violating a restraining order, a prosecuting attorney may attempt to block it from being introduced in court. This means someone may potentially get themselves arrested and face additional charges in an effort to collect evidence they are not even allowed to present at trial. That is why if you or a loved one has been arrested for or charged with domestic violence, it’s important to contact a skilled and passionate domestic violence defense attorney from our team. 

What Should I Do if I’ve Been Arrested for Domestic Violence?

Being arrested for domestic violence is a frightening experience. No one wants to carry the stigma of a domestic violence conviction with them for the rest of their lives. Being arrested for domestic violence can mean the end of a person’s life as they know it, including the loss of custody, prison time, heavy fines, and a criminal record that can follow a person around for the rest of their life. This is why if you or a loved one has been arrested for or charged with domestic violence in San Jose, you must immediately contact a skilled domestic violence attorney from the Law Offices of William V. Pernik. 

Our attorneys and legal team have years of experience defending against domestic violence charges. We pride ourselves on being some of the premier San Jose domestic violence lawyers working today. Our attorneys know the legal process through their years of providing legal representation and legal services to Santa Clara County. 

Allegations of domestic abuse can bring a person’s whole world to a standstill. If you are facing domestic violence charges, call our San Jose domestic violence lawyers at 408-669-4877 for a free consultation.