Irvine Domestic Violence Lawyer
Navigating a domestic violence charge can be a confusing and stressful experience with potentially life-altering consequences. In California, domestic violence laws are strict, aiming to protect family members from harm, but they can also lead to complex legal situations, especially in cases involving misunderstandings, false accusations, or complex family dynamics.
If you’re facing a domestic violence charge, working with an experienced attorney is crucial. A skilled domestic violence lawyer can guide you through the legal process, help protect your rights, and build a strong defense. From understanding the charges against you to exploring possible defenses and alternative resolutions, the Law Office of Daniel Deng has the knowledgeable defense attorneys you need to support and defend you during this difficult time.
How Is Domestic Violence Defined in Irvine?
In Irvine, California, domestic violence is defined as abuse or threats of abuse between individuals who have or have had a close relationship, such as spouses, domestic partners, dating partners, co-parents, or other family members. Domestic violence can be classified as either a misdemeanor or felony, depending on the severity of the act, any injuries caused, and the defendant’s prior criminal history.
Penalties for domestic violence can include jail time, domestic violence classes, fines, victim restitution, protective orders, loss of gun rights, loss of custody, and deportation.
There are numerous types of domestic violence crimes in Irvine, with two of the most common being domestic battery and inflicting corporal injury on an intimate partner. Other criminal acts that can fall within this classification are:
- Criminal threats
- Stalking
- Child abuse and endangerment
- Elder abuse
- Restraining order violations
Understanding Domestic Battery Charges
In California, domestic battery is one of the most common domestic violence charges and is defined as the willful and unlawful use of force or violence against an intimate partner. This crime involves physical contact, even without visible injury, if it was done with harmful or offensive intent.
There are specific elements that the prosecution must prove for a domestic battery conviction:
- You used unlawful force or violence
- You and the alleged victim had a past or current close relationship
- The act was not accidental
Domestic battery charges can be filed even if there’s no visible injury or lasting harm, which differs from some other domestic violence charges, like corporal injury.
What Constitutes Corporal Injury to a Spouse?
Corporal injury to a spouse is a serious domestic violence charge with a requirement that the alleged victim suffer physical injury of some kind. California law states that anyone who purposefully inflicts physical injury that leads to a traumatic condition is guilty of a felony. The alleged victim must be a current or former spouse, domestic partner, co-parent, or romantic partner.
Criminal Threats in Domestic Violence Cases
Criminal threats law in California makes it illegal to threaten someone with serious harm. This offense is a “wobbler” and can be charged as a misdemeanor or felony. If you are charged with criminal threats, you could face up to one year in jail. Felonious criminal threats may bring up to four years in prison and a fine of $10,000.
Penalties for Domestic Violence Offenses in Irvine
Depending on the type of domestic violence charge, the severity of the circumstances, and criminal history, charges can include a wide range of penalties. If convicted of a domestic violence offense in Irvine, California, you could face:
- Jail time with a mandatory minimum sentence
- Restitution payments to the victim, including medical bills
- Required participation in counseling and treatment programs
- A criminal record that impacts your employment, housing, and custody rights
Contact an Irvine Domestic Violence Lawyer Today
The Law Office of Daniel Deng provides aggressive representation to people accused of domestic violence. We understand the impact a conviction has, and we fight tirelessly for our clients to ensure their rights are protected. You don’t have to face domestic violence charges alone. Contact us to schedule a free case evaluation with one of our domestic violence attorneys.