If you find yourself facing domestic violence charges in San Jose, CA, it can be an overwhelming time. However, in some cases, you may be eligible for a pre-trial diversion program, which can provide an alternative to going through the traditional court process.
For help with a domestic violence charge in San Jose, California, contact Ahmed & Sukaram, DUI and Criminal Defense Attorneys to schedule a free consultation at (408) 217-8818.
How Ahmed & Sukaram Can Defend You if You’re Arrested for Domestic Violence in San Jose
If you’re arrested for domestic violence in San Jose, CA, having a criminal defense attorney is an essential part of the process. Our San Jose domestic violence lawyers have 30 years of combined experience and have won thousands of cases. We can help you in the following ways:
- Our attorneys understand the complexities of domestic violence cases and will meticulously review evidence, police reports, and eyewitness testimonies to craft a strong defense to the charges against you.
- Our team will use our negotiation skills and long-standing professional relationships within the San Jose legal community to advocate for pre-trial diversion programs when available.
- If you are eligible for a pre-trial diversion program as an alternative to trial, we can help navigate its requirements, ensuring that you meet all necessary conditions, which may ultimately lead to a dismissal of your charges if successfully completed.
With our team by your side in San Jose, you can rest assured knowing you will get experienced and dedicated representation throughout your domestic violence case. Contact our law offices today for a free case review.
Overview of Domestic Violence Pre-Trial Diversion Programs in California
In California, pre-trial diversion programs offer individuals charged with certain offenses an opportunity to avoid traditional prosecution and the potential for a conviction on their record.
While there isn’t a designated diversion program solely dedicated to domestic violence offenses, defendants may find relief through other established diversion programs if they meet specific eligibility requirements. The following is a brief overview of the three primary pre-trial diversion programs:
Drug Diversion Program
Defendants facing drug charges are frequently eligible for drug diversion programs, which are aimed at rehabilitation rather than incarceration. Participants in these programs must complete drug treatment instead of serving jail time.
Depending on the nature of the offense, domestic violence charges may or may not qualify.
Mental Health Diversion Program
Certain serious crimes, including rape, murder, and child sexual abuse, are excluded from eligibility for the mental health diversion program. To qualify for mental health diversion, a licensed mental health professional needs to diagnose the defendant with a qualifying mental disorder.
The professional must also confirm that the disorder significantly contributed to the criminal behavior and that treatment is likely to benefit the defendant. This program aims to address the root causes of criminal activity through appropriate mental health care.
Military and Veteran Diversion Program
Active duty and veteran military personnel may be eligible for a pre-trial diversion program designed to address issues stemming from their service. To qualify, defendants must demonstrate that their military service led to conditions such as traumatic brain injury, PTSD, substance abuse, or other mental health issues.
This approach aims to provide therapeutic support and rehabilitation for those affected by their service.
What Defenses Can Be Raised in Response to San Jose Domestic Violence Charges?
If you find yourself arrested for domestic violence and aren’t eligible for a diversion program, it’s crucial to explore all available defenses that could negate the charges or minimize potential consequences. Here are some common defenses:
Self-Defense
One of the most frequently cited defenses in domestic violence cases is self-defense. This defense might be applicable if you can provide credible evidence that your actions were a direct response to protect yourself from imminent harm.
Accident
In scenarios where the injury was accidental and not a product of intentional or reckless behavior, your attorney can argue that no criminal intent was involved. Demonstrating that an incident leading to domestic violence charges resulted from something unintentional may lead to those charges being reduced or dismissed.
False Accusations
In some cases, you might find yourself on the receiving end of allegations that are simply untrue. It’s not uncommon for emotions to run high in intimate relationships, leading to false accusations during disputes.
To fight against these charges, gathering as much evidence as possible that supports your version of the events is imperative. Your defense may involve presenting proof that demonstrates inconsistencies or outright fabrications in the accuser’s story – like text messages, emails, or voicemails that contradict what the accuser is saying.
No matter what type of domestic violence charges you’re facing, working with a criminal defense lawyer is always the first step you should take.
If you’re facing domestic violence charges and believe you may have the option of pre-trial diversion, it’s essential to seek legal advice as soon as you can. During your free initial consultation, be prepared to share the details of the incident frankly and honestly, as the information provided will enable your attorney to assess all possible defense avenues and give you the best chance at getting into a diversion program.
Contact our experienced San Jose domestic violence lawyers today to get started.