What Happens When You Get a Domestic Violence Charge in California?
February 17, 2025 | Ahmed & Sukaram, Criminal Defense Attorneys
Domestic violence cases can stem from an argument or misunderstanding. If you are charged with domestic violence, it is essential to understand what happens when you get a domestic charge in California. Understanding the process can help you present a solid defense to protect your rights and best interests.
What Is the Process for Domestic Violence Charges in California?
Domestic violence is abuse or harm caused to a family member or intimate partner. If you are involved in a domestic violence situation, you can expect to go through the following steps:
Report of Domestic Violence
A family member or intimate partner can call 911 to report domestic violence. Sometimes, a neighbor or other bystander will call the police to report suspected domestic violence. When the police receive a report of domestic violence, they can report to the scene to investigate.
Arrest for Domestic Violence
If the police officers believe there is probable cause to believe you committed domestic violence, they can arrest you with an arrest warrant. You are taken to the police station to be processed. The prosecutor determines whether to file charges.
Arraignment
During an arraignment, you appear before a judge to be formally charged with domestic violence. The judge reviews the charges and a summary of the case. You must enter a plea of guilty, not guilty, or no contest. The judge may sentence you immediately if you plead no contest or guilty.
If you plead not guilty, the judge determines whether to grant bail. Judges may impose numerous conditions for bail. If you violate the conditions, you are returned to jail pending your trial.
Pre-Trial Investigation and Motions
Your criminal defense lawyer investigates the circumstances leading to the domestic violence charges. They make a formal discovery request to obtain all evidence the prosecutor has against you, including exculpatory evidence that could prove your innocence.
During this phase, either party may file pre-trial motions to resolve issues related to legal questions. For example, if the officers violated your rights, your attorney may file a motion to suppress evidence. Your attorney may also negotiate a plea deal if you and your attorney determine taking your case to trial is not your best option.
Trial
If your case goes to a criminal trial, the prosecution presents its evidence first. Your attorney presents a defense to refute and challenge the state’s case and evidence. The judge or jury considers the evidence and returns a verdict.
Sentencing
If you are found guilty of domestic violence, the judge issues a sentence. The penalties for domestic violence depend on whether you are charged with a misdemeanor or a felony. It also depends on whether your case involves mitigating or aggravating factors and your criminal history.
For example, domestic battery is a misdemeanor charge. A defendant may have to pay a $2,000 fine and spend up to a year in county jail. If you are charged with a felony for inflicting corporal injury on a spouse, you could face a $6,000 fine and four years in prison.
In addition to fines and jail time, there could be other collateral consequences of a domestic violence conviction. Your conviction could negatively impact child custody cases. The court may also order you to complete a one-year treatment program and pay for victim counseling.
Preparing a Defense to Domestic Violence Charges in San Jose, CA
Even though the prosecutor must prove beyond a reasonable doubt that you are guilty of domestic violence, do not rely on innocent until proven guilty to save you from a conviction. Domestic violence charges are taken very seriously. You need to present a strong defense.
Potential defenses to domestic violence charges include, but are not limited to:
- Self-Defense – You acted to protect yourself or another person from harm. Your response must be proportionate to the threat you faced.
- False Accusations – Domestic violence charges may be used to gain an advantage in family court or take revenge on an ex-partner. An experienced attorney may attack the alleged victim’s credibility and witnesses to prove that the allegations against you are false.
- Insufficient Evidence – Your attorney may prepare a defense strategy to argue that your case should be dismissed because the prosecution does not have sufficient evidence to prove you committed domestic violence.
- Police Misconduct – Law enforcement officers violated your rights or coerced a confession by using overly aggressive tactics.
If you are arrested for domestic violence, contact an attorney as soon as possible. Do not try to contact the alleged victim to “work things out” because that could lead to additional charges. Also, do not discuss your case online or with anyone other than an attorney.
Get Help With Domestic Violence Charges in California
The consequences of domestic violence charges can be severe. Call Ahmed & Sukaram Criminal Defense Attorneys for a free consultation with a San Jose criminal defense lawyer. We assist clients in their defense of domestic violence charges and other criminal offenses.
Contact our Domestic Violence Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500