What Is Domestic Violence ?
In California domestic violence is generally referred to as willfully inflicting upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition.
A domestic violence conviction can have a devestating effect on an
individual's personal and professional life. If you have been charged with
domestic violence you should seek the advice of a criminal defense attorney
versed in all aspects of domestic violence. Jacob D. Zamora, Esq., of the
Sierra Law
Center, APC is well versed in the defense of domestic violence,
including domestic violence trials.
Back to Top
Can The Victim Of Domestic Violence Drop The Charges ?
The simple answer is no. In a domestic violence case the victim does not have the authority to "drop" or dismiss charges once criminal procedings have been started. In fact, in most domestic violence situtations, if the responding law enforcement agency believes that an individual has committed domestic violence the officer on scene must make an arrest.Back to Top
If I Am Convicted Of Domestic Violence Will I Go To Prison ?
Unfortunately there is no easy answer to that question. Whether a individual is sent to prison or granted probation depends on your specific background and the specific facts of your case.Only a criminal defense attorney who is familiar with domestic violence cases and the punishments can properly advise you on the specifics of your case. Grass Valley Attorney Jacob D. Zamora, the managing attorney of the Sierra Law Center, APC is well versed in all aspects of domestic violence, including punishment in domestic violence cases.
Back to Top
If I Am Charged With Domestic Violence Can I Still See My Children ?
Maybe. The California Penal Code Section 136.2(e)(1)provides that in all cases where the defendant is charged with a crime of domestic violence the court shall consider issuing a protective order on its own motion. You are entitled to receive a copy of the orders. A criminal protective, if issued by a Court, will generally prevent you from making contact with the alleged victim. This preclusion will, in some cases, require you to stay away from your children and your home.
The law in this area is constantly changing. There are different statues that may allow a Court to issue a protective order. A criminal defense attorney familiar with domestic violence cases can tell you which statute applies in your case. You need the advise of an attorney that keeps current on all aspects of criminal defense. Grass Valley Attorney Jacob D. Zamora, the president of Sierra Law Center, APC, keeps up to date on the changes in the law and is familiar with the various ways a protective order can be issued. It is important to obtain a consultation with a qualified criminal defense attorney because a criminal protective order can greatly affect your rights.
Back to Top
What Are The Penalties For A Domestic Violence Conviction ?
The penalties for a domestic violence conviction can vary dramatically
depending on the case. In some cases you can be charged with a misdemeanor,
and although not as serious as a felony, can still have a significant impact
on your life.
If the injury to your spouse are severe the prosecuting agency could charge
the case as a felony which is the highest class of crime. If the prosecuting
agency decides to charge a great bodily injury allegation the felony will
become a violent felony and is a "strike" offense under California Three
Strikes Law. A conviction for a violent felony will have significant,
immediate and long term effects on your life and could and probably will
result in a state prison sentence.
If you are charged with domestic violence, whether a misdemeanor or felony,
you need to secure the services of a Grass Valley criminal defense attorney
who has handled and taken domestic violence cases to trial. Contact the
Sierra Law Center, APC for a free consultation and case
evaluation.
Back to Top
Will A Domestic Violence Conviction Affect My Gun Rights ?
Without Question - Yes. Domestic violence convictions are considered crimes of violence. As they relate to gun rights, domestic violence convictions are governed by both federal and state law.Under California state law anyone convicted of a felony can never again, own, possess, have custody or control of a firearm, parts of a firearm or ammunition. However, under California state law a convicted felony may be able to have his or her gun rights restored with an expungement or certificate of rehabilitation. With a misdemeanor domestic violence conviction in California there is generally a ten year ban on possession of a firearm.
Unfortunately, under federal law, any one who has been convicted of domestic violence, whether misdemeanor or felony, will never be able to own or possess a firearm. The relevant federal statute is 18 U.S.C. § 922(g)(9).
Because gun rights are goverened by both federal and state law, only an experienced domestic violence attorney can advise how a domestic violence conviction can affect your ability to own or possess a firearm. Contact Grass Valley Attorney Jacob D. Zamora, to see what affect a domestic violence conviction will have on your gun rights.