Domestic Violence Defense

Riverside Domestic Violence Defense Attorney

Aggressive Defense Against Domestic Abuse Allegations

A 911 call by a neighbor or by a spouse in the heat of an argument can have you led away in handcuffs and facing charges for domestic violence. Consulting an experienced criminal defense attorney at the onset of the matter is critical. Even if you feel the entire incident is a big misunderstanding, you could face serious charges and harsh penalties if convicted. The Riverside law firm of Daniel L. Greenberg, P.L.C., has successfully defended hundreds of clients in this very predicament. Contact Daniel L. Greenberg, P.L.C., for a free consultation to find out how we can help.

California Domestic Violence Laws

Domestic violence (DV) can range from a shouting or shoving match to domestic assault and battery resulting in serious injury. With multiple provisions regarding the type of illegal conduct that can be considered domestic violence under California laws, virtually any altercation involving physical force or verbal threats of harm against a spouse, former spouse, live-in partner, boyfriend or girlfriend, parent, sibling, child or any family member could be construed and charged as domestic violence, including:

• Physical abuse that results in a traumatic condition (any visible injury)
• Domestic battery against an intimate partner
• Physical abuse or endangerment of a child (child abuse)
• Threats of serious harm intended to instill fear

Know the Stakes in a Domestic Violence Case

When the police respond to a domestic abuse call, the alleged abuser is removed from the home and is often served a temporary restraining order that allows no contact with the alleged victim or children. The restraining order may even address temporary custody and support issues for the duration of the domestic violence case. Any firearms will also be taken away.

Under California domestic violence laws, domestic abuse can be charged as a misdemeanor or felony, depending on the circumstances. A misdemeanor conviction can carry up to a year in jail. If domestic battery is charged as a felony, you may be facing a year or more in prison. A felony conviction for domestic violence will also count as one of your three strikes under California's three strikes rule. Violation of a restraining order is also a serious criminal offense that will result in a mandated arrest and potentially, additional criminal penalties.

Misunderstandings and False Accusations of Domestic Abuse

Prosecutors will earnestly pursue a criminal domestic violence case even if the alleged victim declines to press charges. Domestic violence accusations are frequently leveled during a divorce or break-up to gain advantage in divorce and custody proceedings, or simply out of spite.

As a former prosecutor and criminal defense attorney of more than 30 years, I know what prosecutors think and how they handle these situations. I look at police reports and witness statements, prior offenses and whether the alleged victim has made similar allegations in the past. I also evaluate affirmative defenses such as self-defense.

Know What to Expect in Your Domestic Violence Case

These cases usually do not go to trial. I am a skilled negotiator who will make every attempt to get charges reduced or dismissed. In many cases, we can settle with the district attorney for enrollment in a batterer's program, fines, community service and/or probation. In your free initial consultation, I will provide a frank assessment of your case, inform you of the potential outcomes and explain how Daniel L. Greenberg, P.L.C., can help you. Contact Daniel L. Greenberg, P.L.C., for a free consultation.