Sonoma County Domestic Violence Lawyer – Protecting Your Legal Rights and Freedoms
The penalties and overall uncertainty of being accused of committing a crime of domestic violence can make these types of cases especially difficult. The laws related to domestic violence go to tremendous lengths to protect victims of domestic violence. As a result, the penalties are significant if convicted of domestic violence.
Having an experienced Sonoma County domestic violence lawyer can help you defend your rights. The team of legal professionals at the Law Offices of Andres Rico, P.C. works tirelessly on behalf of our clients. A free case review is available by contacting our office today.
Types of Domestic Violence Charges
There is a range of domestic violence charges that may be relevant to your situation. Domestic violence is a crime that can be committed against spouses, ex-spouses, and people with whom you are in a relationship. This includes dating partners and people with whom you share a child, but are not dating.
It is also important to note that assault and battery are often grouped together when discussing crimes associated with domestic violence, but they have key differences. Assault is an attempt to harm someone physically. Even if no contact is made with another person, you can still be charged with assault.
Battery involves the intentional touching of another person that is harmful or offensive. Battery against family members, spouses, or people with whom you are in a romantic relationship carries enhanced penalties. Assault and battery carry penalties ranging from fines to jail time. Note that restraining orders are frequently sought against persons charged and/or convicted of assault and/or battery.
Sexual Assault in California
Sexual assault can be included as a crime of domestic violence if a current or prior romantic relationship is involved. Much of the time, Sonoma County prosecutors will add domestic violence charges onto existing sexual assault charges in order to increase penalties.
Having an experienced Sonoma County domestic violence lawyer by your side is incredibly helpful in a case involving sexual assault. There are defenses available to you if charged with a crime of domestic violence. However, you must have sufficient evidence to fend off the charge. That evidence may be difficult to obtain or require quick identification to avoid missing an opportunity to present the defense.
An aggressive Sonoma County domestic violence lawyer at the Law Offices of Andres Rico will provide you with the best opportunity to utilize and preserve all potential defenses available to you.
Stalking and Criminal Threats
Repeated, willful, or malicious harassment that causes an alleged victim to feel threatened is known as stalking in California. Stalking can also be a crime of domestic violence when the person who accuses you of stalking is also a family member or a former family member. A restraining order is one method used to deter future stalking, in addition to jail or prison time.
Criminal threats are also treated seriously under California law. The severity of the penalties for criminal threats depends on your past behavior toward the alleged victim, any physical harm involved, and the extent of your relationship with the individual. Potential defenses involve your actual ability to carry out the threat.
Domestic Violence Penalties
Domestic violence convictions carry with them severe penalties. Jail time, required counseling, probation, fines, and the inclusion of a conviction on your criminal record are among the potential penalties that you may face.
Additionally, the impact of domestic violence convictions (or even being charged with domestic violence) on child custody matters is significant. In sensitive circumstances involving your children, it is best not to have a criminal record at all, but you definitely do not want to have a record of crime involving violence against a family member. That said, contacting a diligent Sonoma County domestic violence lawyer at the Law Offices of Andres Rico can help you maintain your freedom and the right to see your children.
Are There Any Defenses Against a Domestic Violence Allegation?
There are defenses to domestic violence under California law. Make no mistake — a domestic violence charge is a life-changing experience. As a criminal defendant, you cannot take anything for granted. Not the least of which is the availability of these defenses. They could be the difference between living the life you choose and one marked by jail time, financial uncertainty, and a permanent criminal record. The Law Offices of Andres Rico understands what is at stake and works diligently to advocate for clients.
For example, self-defense is a potential defense that may apply to a domestic violence case. Our Sonoma County domestic violence lawyer understands that the actions you took in making physical contact with another person may be justified, given the circumstances you were in. Did your spouse or child’s mother attack you out of anger? Were you only trying to repel the individual with equal force? A savvy domestic violence lawyer can present this argument clearly, supported by evidence.
Unfortunately, people can and will make false accusations against partners, spouses, and ex-spouses for various reasons. Sometimes, all it takes is for a good attorney to point out the inconsistencies in a person’s story. A strong defense can also prompt a prosecutor to negotiate down charges to a lesser crime if the case cannot be dismissed entirely.
Restraining Orders in Domestic Violence Cases
There are multiple types of domestic violence-related restraining orders that may be issued against you in Sonoma County. Of those restraining orders, a few of the most common ramifications and prohibitions include:
- Being ordered to move out of a shared home with the accuser. Your name may be on the home’s lease, or you may even own the home with your spouse. It does not matter. You will be asked to leave the home and will need to find another place to live.
- A no-contact order with the accuser is the most critical aspect of the restraining order. A restraining order will typically include a provision that bars you from coming within 100, 200, etc., feet from the home of the accuser or their place of work.
Be aware that violating a restraining order will result in additional criminal charges. In the event that you do have a restraining order issued against you, it is critical for you to read the order and ask questions about what you do not understand. Even an accidental or inadvertent violation of the order can result in criminal penalties being assessed.
Evidence in Domestic Violence Cases
Evidence in Sonoma County domestic violence cases may vary depending on the specifics of a case. For both the prosecution and defense attorneys, a thorough familiarity with the evidence matters greatly. A Sonoma County domestic violence lawyer can overcome accusations of domestic violence against their client by knowing the available evidence better than the prosecutor’s office.
For example, witness statements are often some of the most difficult to overcome in a domestic violence case. The accuser can seemingly obtain witness statements from a never-ending list of individuals, including family, friends, neighbors, and coworkers. What makes witness statements so difficult to overcome is the presumption that they are true or a “your word vs. mine” situation.
Additionally, we live in a world of technology where emails, cell phone logs, and text messages can all play a huge role in a domestic violence case. Establishing patterns, timelines, and corroborating witness statements may all depend on how well a party understands how these pieces of evidence fit within a case.
Medical evidence is also key in a domestic violence case. Did the accuser seek medical care as a result of the injuries being alleged? If so, those records will certainly be important to examine. At the Law Offices of Andres Rico, our Sonoma County domestic violence lawyer, Mr. Rico, will build a strong defense based on all available evidence, forcing the accuser to be very precise in telling their side of the story.
Domestic Violence FAQs
My partner wants to drop the domestic violence charges. Will the case be dismissed?
It is up to the State of California and the Sonoma County prosecutor’s office to determine whether the charges will be dropped. The totality of the circumstances and the evidence involved will determine whether the case will be pursued further.
What is the difference between a felony and a misdemeanor domestic violence charge?
Misdemeanor domestic violence convictions amount to less than 12 months in prison, while felony convictions result in prison time of greater than 12 months. That said, it is a very thin line that separates misdemeanor from felony domestic violence charges.
I was served with a criminal protective order. What does this mean?
A criminal protective order comes from a criminal court and is designed to protect an alleged victim or witness of domestic violence (known as Protected Persons) from threats, harassment, or abuse by a defendant. You must remain away from the alleged victim’s home, the witnesses’ homes, or the victim’s/witnesses’ schools or workplaces. Be prepared to surrender weapons and ammunition in your possession, as well.
Contact the Law Offices of Andres Rico Today for a Free Case Evaluation
Facing a domestic violence charge means that you have no time to spare. Mr. Rico, a Sonoma County domestic violence lawyer, is prepared to step up for clients facing difficult circumstances, and we will not back down from fighting to protect your rights and freedoms. Contact our office today for a free case review.