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Domestic Violence FAQs
Domestic Violence Common Questions
If you have been accused of domestic violence, there are probably many important questions on your mind. Not only could a domestic violence conviction result in serious penalties, but your reputation could be permanently damaged. In order to avoid this from happening, it is important that you have a strong legal advocate fighting for your rights every step of the way. The team at the Wise Law Group has years of experience in this area of law and understands how to protect your rights during this difficult time. Look through these frequently asked questions to learn more:
It is not uncommon for accusations of domestic violence to be made in the heat of the moment. What happens, however, when the person who filed the charges states that they want to take them back because they were not true? The short answer is they cannot "cancel" the charges. The state handles domestic violence cases and they are the ones prosecuting the case. By refusing to testify in the case, the alleged victim could assist in getting the case dismissed. The reason the state operates this way is to protect true victims from being threatened into dropping the charges.
What makes domestic violence different from other types of assault and battery charges is who the victim is. Domestic violence is any type of physical, emotional, or sexual abuse of a family member, romantic partner, or housemate. This being said, a roommate, boyfriend or girlfriend, or family member could accuse someone of domestic violence or get a protective order regarding them. If you have been accused of harming a family member, you need to know that the state takes these cases very seriously. Allow a member of our team to protect you and get you the help you need!
Domestic violence is technically referred to as corporal injury on a spouse, cohabitant, or fellow parent. Information regarding this offense can be found in the California Penal Code §273.5 (2011). This charge not only includes physical violence towards one of the individuals listed, but also threats of physical violence that puts the victim in fear of bodily harm. It is in your best interests to discuss your case with a member of our team so that we can work to get these charges dropped.
Domestic violence is one of those offenses which is known as a wobbler, because it can be charged as a misdemeanor or a felony. Each case is different and the aspects of your case will have to be examined in order to determine the severity of the case. If you are charged with a misdemeanor, you could be facing up to one year in county jail and a $6,000 fine. If you are accused of a felony, you could be facing probation, five years in a California State Prison, and fines. It is in your best interests to get your charges reduced to a misdemeanor, if not completely dropped.
Please do not waste any time getting in touch with a Sacramento criminal defense lawyer from our office if you have more questions regarding domestic violence charges. Our team of professionals will do everything in our power to ensure that your charges are reduced or even dropped. We offer a free case evaluation so that you could tell us about your case free of charge. To learn more about how we could help you, just contact a domestic violence attorney from our firm!