Domestic Violence Defense Attorney in Indio
Experienced Legal Representation in Palm Desert
If you or a loved one are seeking experienced and personalized criminal defense for domestic violence charges, turn to the Law Offices of Anastacio De La Cruz. We strive to provide each client with the highest level of legal representation. Our lawyer can help you craft a defense strategy that is tailored to the facts and circumstances of your case.
Understanding Domestic Violence Charges in Indio
In California, crimes that involve threats, intimidation, assault, and battery often incur harsh penalties. However, when the alleged victim is a spouse, child, dating partner, cohabitant, or parent of the offender's child, the consequences can be even greater. Such instances of abuse are considered domestic violence or domestic abuse.
What are the Different Forms of Domestic Violence?
Domestic violence can take many forms, including:
- Physical abuse: pushing, kicking, choking, hitting, slapping, or any other type of physical violence that could or does result in injuries
- Verbal abuse: yelling, screaming, name-calling, and words that diminish a person's character or worth
- Sexual abuse: forcing a person to perform sexual acts or is made to engage in such acts unknowingly
- Social abuse: using abusive behavior to scare or control someone, or preventing a person from spending time with family and friends
- Financial abuse: controlling one's ability to acquire, use, and maintain financial resources, such as preventing someone from working or stealing their money
- Spiritual abuse: preventing another person from practicing their religious or spiritual beliefs, ridiculing or insulting another's beliefs, or forcing a child to be raised in a faith that the other parent has not agreed to
- Threatening behavior: engaging in any action that can be intimidating to another, such as breaking objects or making verbal threats
- Unwanted communication: sending harassing or threatening communication via letter, emails, text messages, or phone calls
How Long Does a Domestic Violence Charge Stay on Your Record in California?
A domestic violence charge will stay on your record for 10 years in California. If you were convicted of a misdemeanor domestic violence, there is a 10-year prohibition under Penal Code 12021 c 1. Even if you get it expunged, your firearms rights will not be given back to you because of the Lautenberg Amendment to the Violence Against Women Act enacted in 1996.
What Is the Difference Between Domestic Violence and Corporal Injury?
The difference between Domestic Violence and Corporal Injury is that domestic violence is described as willfully inflicting a physical injury on a spouse or intimate partner, while corporal injury is injuries that result in a traumatic condition on a victim which is a felony crime. The main difference is that corporal injury is more severe than domestic violence.
What are the Penalties for Domestic Violence?
Although many crimes are charged distinctly as either a misdemeanor or felony, most domestic violence crimes are considered "wobbler" offenses. This means that they can be prosecuted as either a misdemeanor or a felony. The decision is based primarily on the severity of the injuries and the defendant's prior record.
The punishment for a domestic violence conviction may include:
- Up to a year in jail for a misdemeanor and four years for a felony
- A fine of between $2,000 and $10,000
- The forfeiture of child custody rights
- The loss of the right to own a firearm
- Restitution to the victim for medical bills and lost wages
- Successful completion of a mandatory batterer's program
- Revocation of legal immigration status
- A protective order that limits interactions with the victim
As you can see, if you have been accused of domestic violence, there is much at stake. For this reason, it is important not to face these charges alone. You need the help of an experienced criminal defense attorney who can help fight for your rights and freedom.
At the Law Offices of Anastacio De La Cruz, our legal team is proud to advocate on behalf of accused of domestic abuse. Our Indio domestic violence attorney has the necessary knowledge and resources to uphold your rights in the court of law and fight for a fair outcome.
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