As used in criminal prosecutions, “Domestic Violence” includes abusive conduct against current or former family members or intimate partners. Cases that include domestic violence allegations bring enhanced punishments such as increased incarceration, immigration consequences,lengthy and expensive treatment programs, felony convictions if the act resulted in even relatively minor injuries, andminimum jail sentences if previously convicted of a domestic violence crime.
Anytime a person is person placed on probation for a crime, if the underlying facts of the case involve domestic violence, that person must comply with enhanced probation terms. This is so even if the statute defining the crime does not specifically refer to domestic violence.
Ordinarily, people charged with a misdemeanor have the right to waive their personal appearance and have an attorney appear in court on their behalf. However, where the case involves domestic violence, this right does not exist.
Special evidence rules apply to these matters as well. In cases involving domestic violence, there are special testimonial privileges that extend to a victim’s counselor. Similarly, the prosecution may call experts to explain why the purported victim’s behavior appears unreasonable in light of what she claims to have happened. For instance, whereas in most cases when a victim testifies that she was lying when she spoke with the police about an incident, “Battered Women Syndrome” experts can explain away a victim’s complete disavowal of her original story to police.
Actions resulting in domestic violence charges often occur in front of children, a circumstance that can translate into in additional child endangerment charges. These types of charges can have devastating effects on your ability to interact with your children for the rest of your life.
When facing criminal charges, hiring the right lawyer is one of the most important things you can do.An effective defense can protect a person against a domestic violence charge.
The experienced criminal lawyers at Boxer McLaughlin, APC can find a way to maximize our client’s outcome – from negotiating a favorable settlement to winning at trial.
With decades of criminal defense experience the attorneys at Boxer McLaughlin, APC know how to achieve success for our clients.
As experienced criminal defense attorneys we know how best to defend our clients against the government.
Call our office for a consultation (949) 261-2700, or email us by clicking here.