Domestic violence
What is domestic violence and Abuse
Types of offenses
Wobbler offense
Procedures
Penalties
Aggressive defense
· What is domestic violence and abuse?: Abuse can be inflicted or pretend to be inflicted against a wife, a husband, a child or an elder. In general, it can be intentional or reckless and can cause (but not necessarily) bodily injury. Partner is considered: a spouse, a cohabitant, a former spouse. Domestic violence can also occur in a dating relationship. Abuse is repudiated by the Domestic violence law.
· Types of offenses:
There are different types of domestic violence. Battery is considered any willful or unlawful use of force or violence upon a person. Assault is an unlawful attempt, coupled with a present ability to commit a violent injury etc. Intimidation of victims and witnesses, can also be considered domestic violence, depending on the circumstances.
· "Wobbler" offense: like theft, domestic violence is a wobbler offense. That is, an offense that, depending on its nature and the seriousness of the injuries caused, can be qualified as a misdemeanor or as a felony.
· Procedures: In California, when the police receive a call regarding domestic violence, they are required to write a report on the incident. If the police see a probable cause for the call, they can immediately arrest for felony or misdemeanor. In a case of spousal abuse, only the District attorney can drop the charges against the abusive partner. In California, domestic violence and Spousal abuse are vigorously prosecuted.
· Penalties: The penalties may vary depending on the circumstances of your case and aggravating situations, like prior convictions.
· Aggressive defense: Due to the actual procedures, when anyone is charged with domestic violence or spousal abuse, an aggressive defense is needed, since you can be facing an immediate arrest and jail time. I will do my best to keep you out of jail and have your charges dropped. An alternative in aggravating situations could be the completion of counseling programs or other alternative penalties that will help you understand your behavior and the consequences of explosive and violent relationships.
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