Domestic violence is an unfortunate reality in California, affecting the lives of thousands of people throughout the state every day. California upholds strict laws pertaining to domestic violence, assigning severe penalties for individuals who harm members of their own families or households. Unfortunately, in addition to the emotionally stressful nature of these cases, they are also often difficult to prove, with many cases boiling down to the accuser’s word against the accused’s.
The Najera Law Group, P.C. is an experienced team of criminal defense attorneys offering comprehensive representation to clients in the Riverside, CA, area accused of domestic violence. Unfortunately, it’s relatively common for people to levy false accusations of domestic violence against partners, family members, and other close relations for their own interests. For example, a divorcing spouse may accuse their soon-to-be ex of battery to gain the upper hand in their divorce proceedings.
If you have been accused of domestic violence in Riverside, the right attorney is an invaluable asset to have on your side. While facing a false accusation of domestic violence can easily lead to feeling as though the whole system is against you, it’s important to take full advantage of your rights in this situation, especially your right to legal counsel. You may have more opportunities to defend yourself than you initially expected, and a defense attorney can assist you in leveraging them effectively.
When a person is arrested for any crime in the United States, they have the right to remain silent under the Fifth Amendment, which protects against self-incrimination and prevents defendants from being compelled to act as witnesses against themselves. In addition, the Sixth Amendment preserves the right to legal counsel, even for those who cannot or will not hire private defense lawyers.
When you choose the Najera Law Group, P.C. to represent you in a domestic violence case, you can expect responsive communication and an extensive professional review of the details of your case as soon as you secure our representation. We will carefully review the charges against you, evaluate the police report and the circumstances of your arrest and booking, and then determine the strength of the evidence against you. When a domestic violence case hinges on an accusation with no evidence or witness testimony to support it, the accused and their attorney will likely focus on exposing the inconsistencies and logical errors of the accuser’s story.
Ultimately, every domestic violence case is uniquely challenging, and these cases often pose difficult emotional strains on the parties involved. The Najera Law Group, P.C. has years of experience representing clients in Riverside, CA, and surrounding areas in various criminal cases. When it comes to domestic violence, we know how local police and prosecutors tend to handle these cases and the emerging trends among cases built on false accusations. Our team can help you prove your innocence and hold your accuser accountable for any damage they cause with false claims against you.
The term “domestic violence” is intentionally broad to provide sweeping legal protection to vulnerable members of families and households. Domestic violence can occur in many ways, such as physical assault, sexual abuse, neglect, and persistent emotional abuse. In addition, domestic violence charges can apply to incidents among various types of relationships. Domestic violence applies when a case involves current or formerly married spouses, current or former domestic and romantic partners, current and former roommates and housemates, parents and children, grandparents, siblings, and extended family members.
Many domestic violence charges mirror standard offenses. For example, an individual can face a charge for assault and battery if they threaten to physically harm another person and then complete the threat. If the victim is the attacker’s family or household member, the incident qualifies as domestic battery, incurring harsher penalties upon conviction. Domestic violence accusations tend to arise during child custody disputes, divorce cases, and other family law matters when one party seeks to gain a legal advantage over the other.
A domestic violence case can lead to severe penalties against the defendant in proportion to the severity of their actions. For example, California’s standard penalties for conviction of domestic violence offenses include fines, jail time, and compliance with a restraining order. Additionally, a defendant could face additional penalties depending on the nature of their offense. For example, if they are convicted of domestic violence against a child, their own or someone else’s, they could lose their custody and visitation rights while still being responsible for paying child support.
Domestic violence charges may be prosecuted as misdemeanors or felonies depending on their severity, but almost every domestic violence conviction will have some repercussions in family law. Many domestic violence accusations arise during divorce and child custody determinations. Therefore, the outcomes of the criminal cases will heavily influence the related family court proceedings.
Ultimately, any domestic violence case can be incredibly challenging to approach without legal counsel you can trust. An experienced attorney can help their client gather the evidence needed to prove their innocence and hold the other party accountable for their false accusations. While the burden of proving guilt rests on the prosecution, defendants must be proactive in their defenses. In addition, many defendants must abide by temporary restraining orders and will face various hardships until their cases resolve. Therefore, it’s best to navigate these proceedings as efficiently as possible with the help of a defense attorney.
The Najera Law Group, P.C. is ready to provide the responsive defense representation you need for your domestic violence case. If you are ready to mount your defense against domestic violence accusations, contact us today and schedule your free consultation with an experienced Riverside domestic violence defense lawyer.