Tustin Domestic Violence Defense Lawyer

Tustin Domestic Violence Defense Attorney

A domestic violence conviction can have serious consequences for your personal and professional life. Just being accused of domestic violence can damage your reputation. If you were accused of harming someone close to you, you can rely on the legal services of a Tustin domestic violence defense lawyer to protect your rights and work to get your side of the story across.

The Law Offices of Christopher J. McCann, APC, brings more than 15 years of experience helping clients successfully fight domestic violence allegations. Our law firm can work to reduce the penalties that you are facing.

Why Tustin Residents Trust the Law Offices of Christopher J. McCann, APC

If you are facing domestic violence charges in Tustin, CA, the penalties following a conviction could include jail or prison time, heavy fines, restrictions on where you can visit, or the confiscation of your firearms, among other potential penalties.

Residents in Tustin have trusted our law firm because they know our firm only handles criminal defense. Our skilled Tustin Domestic Violence Defense attorney understands the criminal justice system and how to use the law to serve the interests of his clients.

If you are looking for a law firm that provides strong legal representation without overcharging for high-quality services, you can trust the Law Offices of Christopher J. McCann, APC, to represent you in court.

California’s Domestic Violence Law

Like other states, California imposes specific penalties for crimes involving abuse against intimate partners or family members. Domestic violence charges can be brought when the victim is a spouse, cohabitant, former spouse, or an individual with whom the accused has had a dating relationship. These charges can also apply when the victim is a parent, child, or other close family member.

Situations leading to such charges include physical harm, threats of violence, emotional abuse, stalking, or other forms of intimidation within these relationships. The law recognizes that domestic violence can occur in a variety of contexts, including between current or former intimate partners, individuals living together, or family members.

One of the most common scenarios involves intimate partners, whether they are currently dating or married or are no longer together but share a child. Although many people associate domestic violence with physical abuse, the charges can be brought in situations where one partner allegedly emotionally or financially abuses the victim.

Domestic violence charges are serious crimes that often come with enhanced penalties that can include jail or prison time, lengthy probation periods with strict restrictions, fines, and other consequences.

Domestic violence charges are some of the few crimes where the victim almost always intimately knows the alleged suspect. This often creates inherent conflicts of interest that our attorney can explore as a means of having your charges reduced or dropped. In some cases, the victim may have a personal motivation for seeking criminal charges.

If you are concurrently engaged in a child custody dispute, being charged with or convicted of domestic violence can be used against you in family court. One way you can protect your rights and get your side of the story across is by hiring a criminal defense attorney who has experience representing clients facing these types of charges.

Common Examples of Domestic Violence in Tustin

Domestic violence can take many forms. One common allegation is physical assault. If one partner physically strikes their partner, the person who committed the physical assault could be charged with domestic violence.

Verbal arguments can quickly escalate, and law enforcement often base their decisions on what they see when they arrive at a home. They may find one person’s side of the story more credible than the other’s. Unfortunately, sorting out what led to the argument and who hit whom often happens after criminal charges have been brought.

Verbal threats can also constitute grounds for domestic violence charges. One example would be an intimate partner threatening to harm the other partner. If the threat is reported to police, law enforcement could arrest the person who committed the threat. Allegations of threats often boil down to a ‘he said, she said’ situation.

Stalking, especially when it involves current or former intimate partners, is taken seriously by law enforcement. Many acts of violence are often precipitated by acts of harassment or stalking. When a family member or intimate partner continually follows someone in person or online, they can be charged with stalking.

Child endangerment is also considered domestic violence under California law. One example would be a parent throwing an object toward their child or committing similar acts that place the child in danger.

No matter the cause of the charge, a Tustin Domestic Violence Defense Lawyer can investigate their client’s case to gain a fuller understanding of the circumstances that led to the alleged offense. In some cases, the evidence could show that no acts of domestic violence occurred.

How Does a Domestic Violence Case Work in California?

Following an arrest for domestic violence, the wheels of justice can turn very slowly. For someone who has not been afforded the opportunity to explain their version of events, this can be a particularly frustrating period. If you were recently arrested for domestic violence, it is important to seek legal representation of a Tustin Domestic Violence Defense Lawyer as soon as possible. Without an attorney, you could be at risk of saying something that is self-incriminating.

The first court appearance is known as an arraignment and affords your attorney the opportunity to formally state your plea of not guilty. The vast majority of defendants are afforded bail. The courts may add restrictions as a condition of bail. Common restrictions for domestic violence charges include orders not to contact the victim.

A criminal case can take a lengthy period to resolve. Your attorney may use the discovery phase of the case to gather evidence that supports your account of events. The majority of cases are resolved through plea bargaining, where prosecutors offer to resolve your case under favorable terms in return for admittance of guilt. In some cases, a favorable plea bargain may offer a means of putting the ordeal behind you.

If the prosecution does not offer a favorable plea bargain, your lawyer may advise that you take the matter before a judge or jury through a trial. During a trial, the defense and prosecution make legal arguments while presenting evidence that supports their arguments. A judge or jury then decides whether the defendant committed a crime.

Common Legal Defense Strategies Against Domestic Violence Charges

Domestic violence charges are unique from other crimes that may involve physical assaults or threats. When the victim intimately knows the suspect, there is often the possibility of a conflict of interest on the part of the victim.

The prosecution is responsible for establishing the burden of proof. It has to be proven beyond a reasonable doubt that you committed a crime. Criminal intent may also play a role in your case. Relationships, especially intimate or romantic relationships, are often fraught with strong emotions. Arguments can quickly become heated on both sides.

The victim may be motivated by personal reasons to damage the reputation of a current or former romantic partner. It is not uncommon for domestic violence victims to use criminal charges to gain an upper hand in family court.

Your attorney can look for inconsistencies in the victim’s story. In some cases, the victim may have a history of harassment or other acts that weaken their assertions that you are a danger to them. Testimony from friends and family members can contradict the prosecution’s version of events. If you were also the victim of verbal or physical violence, that could weaken the prosecution’s case.

Any evidence that shows you did not commit the crime or that weakens the prosecution’s version of events can help your case. The ultimate goal of your Tustin Domestic Violence Defense Lawyer is to either have your charges dropped or reduced.

How to Find the Right Criminal Defense Attorney for Your Case

The quality of your legal representation is easily the single most important factor that determines whether you face serious penalties or a favorable outcome to your case. Your attorney can gather evidence that supports your innocence. Your lawyer also serves an important role as a negotiator during the plea bargain process.

It is crucial to find the right criminal defense attorney to defend you in court. One great place to start is by asking friends and family for referrals. If someone you know had a good experience with an attorney, that could be taken as a positive sign that the lawyer can also favorably resolve your case.

Online reviews also offer a good source for objective feedback. Keep in mind that even the most competent and hard-working attorneys can’t please everyone. If the majority of comments are positive, that can be a good sign. Look for testimonials that describe criminal cases similar to your case.

Once you have a good pool of candidates, prioritize lawyers who focus on criminal defense. Some attorneys practice several areas of law. You may want to rely on the legal services of an attorney whose primary focus is helping clients who are facing criminal charges. Another top consideration should be the lawyer’s years of experience.

During the consultation, note how attentive the lawyer is to your questions and concerns. You should have their undivided attention. They should be able to articulate the strengths and potential weaknesses of your case. Based on your description of your case, the attorney should be able to provide ideas about what strategies they might employ in your defense.

If the lawyer conveys strong communication skills, experience, and knowledge about your case, you can take that as a strong sign that you may have found the right lawyer to defend your rights and interests in court.

FAQs

Q: Will My Domestic Violence Case Go to Court?

A: The vast majority of criminal cases are resolved through plea bargaining. The courts generally do not have the capacity to schedule trials for every person facing criminal charges. There are situations where a case could go to trial, though. One reason would be that the prosecution does not make a favorable plea bargain offer. In other cases, the defendant may have sufficient evidence to prove that they did not commit the crime that they are charged with.

Q: How Much Does a Criminal Defense Attorney Charge?

A: Criminal defense attorneys generally charge a flat rate or an hourly rate that is billed from a retainer. Retainers are a lump payment that is billed until all funds are exhausted. The cost of your case will largely depend on the time that your lawyer puts into your case and the resources that their office uses for your defense.

You can ask an attorney about fees during your consultation. More experienced and successful attorneys generally charge more for their time than less experienced criminal defense attorneys.

Q: What Are Some Legal Strategies Against Domestic Violence Accusations?

A: After reviewing your case, your lawyer may use the facts of your case to customize a legal strategy for your defense. That strategy could focus on undermining assertions made by the prosecution or calling into question the validity of evidence submitted by law enforcement. In other cases, the victim may have also engaged in harmful acts. These and other strategies can strengthen your case while weakening the prosecution’s allegations against you.

Q: How Can an Attorney Help Reduce My Charges or Penalties?

A: Having a criminal defense attorney can greatly reduce the chances that you face the most serious penalties allowable under the law. A criminal defense attorney can gather evidence that supports your claim of innocence. During the plea-bargaining process, your attorney can seek a favorable resolution to your criminal case by presenting a more balanced accounting of the events that led to the criminal charges.

Schedule Your Domestic Violence Consultation Today

Being charged with domestic violence does not mean that you are guilty of committing a crime. Police often make mistakes when assessing house calls, and the victims of domestic violence charges often have personal motivations for seeking criminal charges against current or former romantic partners.

One way you can get your side of the story across is by hiring a law firm that understands California’s domestic violence laws and how to successfully defend clients against those accusations. The Law Offices of Christopher J. McCann, APC, has more than 15 years of experience helping clients greatly reduce the penalties they are facing. We will tirelessly fight to protect your rights and interests. To schedule your consultation, contact our office today.