Process of a Domestic Violence Case in Redwood City
Domestic violence cases can be complicated, and the process can be intimidating for individuals facing charges. If you or someone you know is facing domestic violence charges in Redwood City, CA, it is essential to understand the legal process and know your rights.
The Redwood City domestic violence lawyers with Ahmed & Sukaram, Attorneys at Law are here to help you. With over 30 years of combined experience, we understand how to build a defense and secure a favorable outcome.
Contact us at (650) 299-0500 to schedule a free consultation and discuss your domestic violence case in Redwood City, California.
How Ahmed & Sukaram, Attorneys at Law Can Help If You’re Arrested for Domestic Violence in Redwood City
If you or a loved one has been arrested for domestic violence in Redwood City, CA, we’re here for you. Ahmed & Sukaram, Attorneys at Law can offer you the legal support, guidance, and representation that you need. We’ve won thousands of cases and have successfully defended 50 criminal trials. Here’s what we can do for you:
- We will listen to your side of the story to determine the facts of the case.
- With this information, we will obtain evidence, including witness statements and any video footage that might be helpful in your defense.
- We will file pre-trial motions, such as a motion to suppress or a motion to dismiss if applicable.
- If appropriate, we will negotiate plea deals with prosecutors to mitigate any harsh punishments that you might face.
- If your case goes to trial, we will mount a vigorous defense to expose any weaknesses in the prosecution’s case.
For help after a domestic violence arrest in Redwood City, California, contact us to schedule a free consultation.
Overview of the Domestic Violence Case Process in California
According to California law, domestic violence encompasses any type of abuse inflicted upon an individual’s intimate partner.
The following is an overview of the domestic violence process in California:
1. Arrest:
If the police receive a report about domestic violence, they can report to the scene and arrest the suspect if there’s probable cause. The person who’s taken into custody will be taken to the police station to get their fingerprints taken and to be processed. The prosecutor will then determine what charges, if any, will be filed.
2. Arraignment:
The next stage of the legal process is arraignment, where the accused appears before a judge to be formally charged. They must plead guilty or not guilty. If the judge grants them bail, they must pay a certain amount to be released until the trial.
3. Pre-Trial Motions:
During this stage, the defense attorney may file pre-trial motions to suppress evidence or dismiss charges. These are legal challenges to the prosecution’s case and must be handled with expertise to help the accused obtain the best possible outcome.
For example, if the attorney successfully argues that the police violated the defendant’s constitutional rights, illegally obtained evidence can be excluded.
4. Trial:
If the case ends up going to trial, the lawyer will present the defense and challenge the prosecution’s case.
5. Sentencing:
If the defendant is convicted, the judge will impose a sentence. The sentence can range from probation to jail time, depending on how serious the allegations are and the defendant’s past criminal record.
What Are the Penalties for Domestic Violence in Redwood City, California?
Getting charged with domestic violence can lead to serious legal consequences. In California, domestic battery and inflicting corporal injury on an intimate partner are two of the most frequent domestic violence charges.
Domestic Battery
Domestic battery is a misdemeanor. If you’re convicted of domestic battery, you may face up to a year in county jail and a fine of up to $2,000. However, there are additional penalties that may apply. For example, you may be required to complete a one-year batterer’s treatment program, as well as pay for any victim counseling expenses.
Domestic battery charges can also have significant immigration consequences for non-citizens. If you’re not a U.S. citizen and you are convicted of domestic battery, you may be deported, even if you’ve been living in the United States for decades.
Inflicting Corporal Injury on a Spouse
Misdemeanor inflicting corporal injury on a spouse charges can lead to a year in county jail and a $6,000 fine. However, this is considered a “wobbler” offense that may also be charged as a felony.
If it’s charged as a felony, you face four years in prison along with a $6,000 fine. If the accused has had a conviction in the past seven years, the consequences for a felony conviction are much more severe.
What Defenses Can Be Raised If I’m Accused of Domestic Violence?
When it comes to defending yourself against domestic violence charges, it’s important to have knowledge about the different defenses available. Some of the most common include the following:
Insufficient Evidence
If there isn’t enough proof to support claims of domestic violence, the case can be dismissed. This is because the prosecutor has the responsibility of proving the case beyond a reasonable doubt.
Self Defense
Here, the defendant is claiming that they were defending themselves from their partner’s aggression or violence. To be successful, you and your attorney must prove that your use of force was proportional to the threat you faced.
Coerced Confessions
Another defense is that a confession was obtained through improper and improper means. Sometimes, law enforcement officers use overly aggressive tactics to obtain confessions. This type of coercion can cause defendants to make false confessions, which can then be used against them during a trial.
Falsely Accused
This happens when someone makes allegations against the defendant even though they aren’t true. For instance, a jealous partner could falsely accuse the other partner of domestic violence out of spite. An experienced attorney can help you build a strong case to prove that the accusations are false and explain the motivation behind the allegations.
Understanding the potential repercussions of a conviction is essential if you are accused of domestic abuse. Our experienced Redwood City domestic violence attorneys can determine your legal rights and, from there, go over your best course of action. Contact us today to schedule your free initial consultation.