Fullerton Domestic Violence Defense Lawyer

Fullerton Domestic Violence Defense Attorney

Facing criminal charges for domestic violence can be a terrifying reality, and the sad truth is that those accused may not be treated fairly by the criminal justice system. It is normal to feel overwhelmed and stressed when dealing with charges of this nature, especially since the accusations often come from loved ones and other family members. You deserve compassionate care and the fighting chance a Fullerton domestic violence defense lawyer can offer. You don’t have to do this alone.

If you find yourself facing these charges, the situation can seem intimidating and devastating, and often without hope. Some people feel pressured into pleading guilty without exercising their rights. Other individuals may feel that no one will want to listen to their side of the story. Though these legal proceedings are serious, you have the right to make your voice heard and your future protected with the help of an experienced and skilled law firm.

How the Law Offices of Christopher J. McCann, APC Can Help

For over 15 years, the Law Offices of Christopher J. McCann, APC, have been helping their clients charged with a litany of criminal charges. We offer a comprehensive review of your case, making sure we understand each and every aspect of the allegations you’re facing so we don’t miss anything. We will advocate for your rights and your future to hopefully mitigate the punishments you could potentially receive.

The law enforcement agencies and prosecution involved with your case are going to waste no time, and you shouldn’t either. Our team understands how stressful and frightening these charges are and how uncertain you may be about your future. We can skillfully handle negotiations and represent your interests, taking the right actions for your case. With our firm on your side, you can trust we will be there for you every step of the way.

How Domestic Violence is Defined in Fullerton, California

In the state of California, domestic violence charges are taken seriously and often punished harshly. This type of crime is defined as any form of abuse against an intimate partner such as a spouse, domestic partner, a partner with which you share a home, a fiancée, or a person with which you share a child.

Likewise, other victims of domestic violence can include the children of the accused party or anyone related through blood or by marriage, such as parents, in-laws, siblings, half-siblings, grandparents, uncles, aunts, nieces, nephews, or grandchildren.

The specific situations that constitute domestic violence can vary depending on the circumstances of the case. However, they tend to include at least one of the following acts:

• Domestic assault
• Domestic battery
• Injury to a spouse
• Abuse of an elder
• Emotional abuse
• Stalking
• Cyberstalking
• False imprisonment
• Kidnapping
• The violation of a restraining order

All of these allegations are taken seriously by responding law enforcement officers and those who are involved in any of the legal litigation surrounding these allegations, such as the prosecuting team and the judge. If you are facing any of these accusations, you deserve a Fullerton Domestic Violence Defense Lawyer that is just as serious. It could make all the difference in how positively your case ends, as understanding the system is a crucial part of reaching a favorable outcome.

How Do Domestic Violence Cases Work in California?

The state of California sees a multitude of domestic violence cases come through the court system each year. There is always a chance that a no-contact order may be put into place once the defendant has been arrested. If the defense and prosecution cannot come to an agreement, a court trial will be set.

Domestic violence occurs when an individual is abused by someone they have an intimate connection with. This abuse doesn’t just have to be physical. It can be the disturbance of their peace or the destruction of their personal property. It can also be the physical action of hair-pulling, hitting, punching, kicking, pushing, or hurling objects toward another human being.

Likewise, domestic violence charges can simply be brought when there is a threat or promise of violence. This abuse might look physical, emotional, verbal, or psychological, but it is all considered to be a form of domestic violence.

Prosecutors will review the case and the evidence collected to decide whether to pursue a felony or misdemeanor charge. This decision will also affect the penalties that will be brought against the defendant if convicted.

Understanding Your Rights If Accused of Domestic Violence

If you find yourself accused of domestic violence, it is wise to keep in mind that you still have rights. These rights include:

• The Right to Remain Silent, which includes your Miranda Rights and your rights to remain silent during any police questioning
• The Right to Legal Representation, even if you are not financially able to retain counsel, an attorney may be appointed at no cost
• The Right to a Fair Trial, which states that you are innocent until proven guilty, can confront witnesses, present a defense, and stand trial by an impartial jury of your peers
• The Right to Bail, in certain cases
• The Right to Appeal, if convicted

A Fullerton Domestic Violence Defense Lawyer can help you understand and employ these rights should the need arise. These rights are essential to protecting your liberties and making sure that you undergo a fair legal process.

What Kind of Evidence Can Be Brought to a Domestic Violence Case

One of the most common tools a prosecuting attorney will use to try and prove the guilt of the defendant is evidence. This evidence, which is collected and analyzed, can include:

• Any 911 calls and subsequent recordings following a supposed domestic violence incident
• Physical evidence that is apparent at the crime scene, such as broken furniture or household items, weapons, or the victim’s ruined clothing
• Any visible injuries photographed by the responding law enforcement
• The visible injuries witnessed by individuals other than the victim themselves
• Statements from the victim
• Statements from any eyewitnesses who heard or saw the incident of alleged domestic violence
• The testimony of medical professionals who responded to the scene or cared for the victim following the event
• Any admission of fault made by the defendant
• Any recordings of previous testimony made by the victim

This list might appear exhaustive, but it is prudent to be aware of anything the prosecution might use. Your criminal defense lawyer can also analyze this evidence in order to help build a strong defense.

Common Penalties of Domestic Violence Charges in California

Domestic violence charges are investigated meticulously in the state of California. A conviction is a serious idea to entertain as it means a loss of many potential freedoms depending on the severity of the conviction. Domestic violence charges are considered “wobblers” as they can be either convicted as misdemeanors or felonies.

Your Fullerton Domestic Violence Defense Lawyer has the ability to review your case and determine what kind of consequences you might face if convicted. Charges for domestic violence often include incarceration and fines, the extent of which will depend on the severity of the charges and prior criminal history.

Extenuating circumstances may worsen the charges and significantly increase the potential penalties. An example is committing an act of domestic violence within seven years of a previous domestic violence conviction. The penalties for a domestic violence charge with extenuating circumstances will be more severe than a domestic violence charge without them.

Additionally, a conviction of domestic violence may come with punishments outside of incarceration and fines, such as:

• Loss of child custody
• Loss of the right to bear arms
• Adhering to a protective or restraining order
• Punitive damages
• Mandatory anger management courses
• Loss of any professional licenses
• Other mandatory rehabilitation courses

Furthermore, a domestic violence conviction can stay on your criminal record permanently and show up in a background check. This can impact your ability to find housing or employment or obtain certain professional licenses or certificates. This only adds to the list of reasons why retaining a criminal defense lawyer is the right choice when facing these allegations.

Common Legal Defenses for Domestic Violence Case Dismissal in California

If you have found yourself facing domestic violence charges, the attorneys at the Law Offices of Christopher J. McCann, APC, can help build a strong and solid defense while advocating for your rights. Depending on the specific circumstances surrounding your case, several possible arguments may be used in your defense, some of which may even result in a dismissal of charges. These arguments include:

• The alleged event was an accident
• The alleged injuries were not a result of your actions
• There is not enough evidence to support a conviction on the grounds of domestic violence
• The defendant is being falsely accused because of issues with child custody
• The defendant has been falsely accused out of revenge, jealousy, or anger
• The defendant was acting in self-defense or was acting in the defense of others

An allegation of domestic violence can change your life, which is why it is crucial that you seek the counsel of a skilled Fullerton Domestic Violence Defense Lawyer who can review the details of your case and determine the correct defense for a reduction or dismissal of the charges you are facing.

Determining the Timeline for a Domestic Violence Case in California

In the state of California, it is difficult to nail down an exact timeline for any domestic violence case. Because there can be so many different factors at play, the time it takes for a domestic violence case to reach a verdict depends on the circumstances of the case. A few of these circumstances include:

• If there are any minor children involved in the case
• What evidence is presented throughout the case
• The court’s schedule
• The complexity of the case itself and if there are any extenuating circumstances, such as the use of a weapon

What Is the Impact of a Domestic Violence Charge on Child Custody?

The reality is that a domestic violence charge can have massive, negative impacts on any child custody arrangements. Courts prioritize the best interest of the children involved when making custody determinations, and a domestic violence charge can play a huge role in the outcome of these determinations.

When considering what is in the best interest of a child, the courts will consider a litany of factors, including:

• The child’s health, safety, and welfare
• Any history of abuse that the child has suffered
• Which parent provides a stable environment for the child
• The willingness of each parent to participate in cooperative co-parenting

If domestic violence charges are involved, the convicted parent may be denied custody of their child altogether. Joint custody of a child can be a difficult thing to advocate for if a parent is convicted of domestic violence, as the defendant will need to prove that they will not endanger their child.

The courts may also deem it unsafe for the child to participate in unsupervised visits with a parent convicted of domestic violence charges. In these cases, visitation might take place in designated centers so professionals can monitor the interactions between the child and the parent convicted of domestic violence.

Contact a Fullerton Domestic Violence Defense Lawyer Today

If you or someone you know is facing charges of domestic violence in Fullerton, CA, there is no time to waste. These charges are taken with the utmost seriousness by the courts and prosecution, and it’s time you found someone who is just as serious about protecting your rights as an individual and, if it pertains to you, a parent. It is vital to have someone on your side who understands the nuances that can come into play with domestic violence cases.

Contact the Law Offices of Christopher J. McCann, APC, today to see how our firm can help you. We will review the details of your case and determine the correct course of action for everyone involved. We understand that no matter what, you have a side to this story, too, and it deserves to be heard. Let us investigate the alleged incident, gather evidence, and handle the legal proceedings on your behalf. This path is not easy, but we’re here to walk it with you.