San Jose Domestic Violence Lawyer
Were you recently charged with domestic violence? Ahmed & Sukaram, Attorneys at Law can help fight for your rights. We have more than 30 years of combined experience defending clients in San Jose and throughout Santa Clara County, call us at (408) 217-8818.
Our attorneys include a CA State Bar Certified Specialist in Criminal Law, and we’ve been recognized by prominent legal organizations like SuperLawyers and National Trial Lawyers. We’ve represented clients in thousands of cases and have taken more than 50 to trial.
Domestic violence charges are serious and should not be overlooked; the consequences can stay with you for the rest of your life. Fortunately, our law firm knows what it takes to defend you. Reach out today for a free consultation to discuss your case. Our San Jose domestic violence lawyers are standing by.
Why You Should Hire Ahmed & Sukaram, Attorneys at Law to Help with Your Domestic Violence Case in San Jose, CA
When facing a charge as impactful as domestic violence, you need a highly experienced San Jose domestic violence attorney in your corner who will vigorously defend you and your interests throughout the entirety of your case.
That’s what Ahmed & Sukaram, Attorneys at Law can do for you. Here are just a few of the things you can expect from us when you hire our criminal defense attorneys to represent you:
- We will conduct an in-depth internal investigation to analyze the charges you’re facing and create a thorough plan for your defense.
- We’ll treat you with respect, and we’ll listen to your side of the story.
- We will use our knowledge of the legal system and our past experience to strengthen your case
- We’ll work to secure a favorable plea deal if that’s the best scenario for your case
- We’ll take your case all the way to trial if necessary
Reach out to us today for a free, no-obligation consultation for more information on how we can help you fight against the charges you’re facing.
What Are the Common Domestic Violence Charges in San Jose?
Domestic violence can be charged in a number of ways in San Jose; domestic violence refers to the relationship between the parties in the case more than the charge itself.
Some of the more common domestic violence charges include:
Each of these charges is represented in its own section within the California Penal Code. Our San Jose domestic violence attorneys can represent you if you’re facing any type of domestic violence charge. Contact us today for help with your case.
What Are the Penalties for Domestic Violence Crimes in California?
The consequences of a domestic violence conviction can be incredibly serious and can impact the rest of your life. Most domestic violence charges are “wobbler” offenses, meaning they can be charged as either a misdemeanor or a felony.
The penalties for a conviction include, but are not limited to:
- Jail time
- Restraining order
- A lasting criminal record
- Loss of child custody
If you are charged with a felony and have a prior conviction, California’s enhanced sentencing and “three strikes” rule could also come into play.
It’s especially important to have a skilled San Jose domestic violence attorney in your corner when facing these charges, considering the severe penalties available. The prosecution has significant discretion when pursuing these charges, and a San Jose criminal defense attorney can fight back on your behalf to have the charges reduced or even dropped.
California Domestic Violence Laws
California has a different law on the books for each type of domestic violence charge; each is given its out section within the Penal Code. Here are a few of the more common laws related to domestic violence:
- Definition – California Penal Code 13700
- Domestic Battery – California Penal Code 243(e)(1)
- Corporal Injury – California Penal Code 273.5
- Criminal Threats – California Penal Code 422
- Child Abuse – California Penal Code 273(d)
Ahmed & Sukaram, Attorneys at Law can help defend you if you’re facing any of the above charges. California domestic violence law is complicated, considering most offenses can be charged as either a misdemeanor or felony. That leaves the prosecution with a lot of discretion in how they pursue these cases.
Reach out to a San Jose domestic violence attorney today for help. We’ll do everything we can to achieve a favorable outcome for your case. Call for a free consultation.
Do I Need a Lawyer for a Restraining Order in Santa Clara County?
If you’ve been served with a Request for Domestic Violence Restraining Order (DV-100) and Temporary Restraining Order (DV-110) in Santa Clara County, you should seek legal representation as soon as possible.
There will be a hearing before a judge where you can defend yourself and ask the accuser questions about the allegations.
A domestic violence restraining order can impact you in many ways, including:
- Preventing you from seeing the accuser and shared children or other protected people
- Preventing you from possessing guns or ammunition
- Forcing you to pay support to the accuser
- Forcing you to move out of a shared residence with the accuser
If the judge grants the order at the hearing, it can last up to five years. Therefore, it’s best to have a San Jose domestic violence lawyer on your side to tell your story and protect your legal rights.
Can a Domestic Violence Conviction Be Expunged in California?
If you qualify, many convictions can be “expunged” from your record. However, a conviction isn’t entirely removed from your record in California. Instead, it’s reflected as a dismissal.
The court will reopen your case, withdraw the “guilty” verdict, and enter a plea of “not guilty.” Your case will then be dismissed. So, the offense still appears on your record, but it’ll be reflected as dismissed.
You may be eligible for record clearance if:
- You completed your probation, followed all court orders, and have no new charges against you.
- You were convicted of a misdemeanor, one year has passed since the conviction, and you have no further charges against you.
- You were convicted of a felony, served jail time, one year has passed since completing your mandatory supervision (or two years have passed since completing your jail time if mandatory supervision wasn’t ordered), and you have no new charges against you.
However, if your domestic violence conviction involved a sex-related crime, you are likely ineligible for record clearance. Expungement in California can be complicated. Contact us today to discuss your rights.
What is the Court Process For Domestic Violence Charges in California?
If you’ve been charged with domestic violence in California, you should seek help from a criminal defense lawyer as soon as possible. They’ll defend you and help you navigate the legal process.
Here is the typical court process after being charged with domestic violence in CA:
- The arraignment: The judge will tell you the charges against you, advise you of your rights, and ask if you plead guilty, not guilty, or no contest.
- Pretrial conference (misdemeanor): The defense and prosecution will discuss the case and exchange information (discovery). Either party can file pretrial motions and try to settle the case to avoid trial. If no plea agreement is reached, a trial date will be set.
- Preliminary hearing (felony): The judge will determine if there’s enough evidence against you. The alleged victim will be asked to testify, and both sides will exchange information (discovery). A trial date will be set if the judge decides there’s enough evidence.
- Trial: At trial, the prosecution must prove the case beyond a reasonable doubt. You don’t have to testify, but the victim will be asked to testify. If found guilty, you will be sentenced.
Most domestic violence cases don’t go to trial. Usually, the parties reach a plea agreement where the prosecution and defendant agree on the charges and sentence conditions. Your attorney will advise you of your options and the best course of action.
Can the Alleged Victim Drop the Charges?
Domestic violence is a criminal offense, meaning the state issues the DV charges – not the alleged victim. Accordingly, once you’ve been charged with domestic violence, only the prosecutor can decide whether to drop the charges.
However, the alleged victim may choose to hinder the legal process or make it more difficult to convict. For example, they can change their statements, refuse to testify or cooperate, or testify favorably regarding the defendant. They can also provide an affidavit requesting that the charges be dropped.
Ultimately, though, the decision to proceed with domestic violence charges is up to the district attorney.
Charged with Domestic Violence in San Jose, CA? Our Law Firm Can Help
Domestic violence is a serious criminal offense that can significantly affect your life. Contact Ahmed & Sukaram, Attorneys at Law today if you’ve been charged with domestic violence in San Jose, California.
Our San Jose domestic violence attorneys understand the consequences of these charges. We’ll listen to your side of the story, provide honest advice, and help you build a strong defense to get the best possible outcome.
We have over three decades of combined experience fiercely advocating for clients accused of crimes and standing up for their legal rights. When you hire us to represent you, we’ll help you understand the charges against you and the penalties you may face and help you navigate the legal process.
Contact us for a free consultation to get the legal representation you deserve. We’re available 24/7 to take your call.
- Superior Court of Santa Clara County
191 N First St, San Jose, CA 95113
- Santa Clara County Family Court
201 N First St, San Jose, CA 95113
- County of Santa Clara Hall of Justice
190 W Hedding St, San Jose, CA 95110
- Santa Clara County Courthouse
1095 Homestead Rd, Santa Clara, CA 95050
- County of Santa Clara Main Jail
150 W Hedding St, San Jose, CA 95110
- Elmwood Correctional Facility
701 S Abel St, Milpitas, CA 95035
- Santa Clara County Department of Correction
701 S Abel St, Milpitas, CA 95035
- Santa Clara County Juvenile Hall
840 Guadalupe Pkwy, San Jose, CA 95110
- County of Santa Clara Office of the Sheriff
55 W Younger Ave, San Jose, CA 95110