Why You Need To Speak With An Irvine Domestic Violence Lawyer
If you have been arrested by the Irvine police for domestic violence, the first thing you should do is consult with an Irvine domestic violence lawyer. You see, domestic violence charges carry very serious punishment, including time in the Orange County jail or the California State prison. Jail or prison time is followed by probation or parole for up to five years. Irvine domestic violence lawyer EJ Stopyro has been successfully defending domestic violence charges in the Harbor Justice Center for more than 15 years.
Also, upon conviction of a domestic violence charge, the judge can issue a domestic violence protective order (restraining order) preventing you from contacting the victim for up to ten years, whether or not the victim wants it. Moreover, a domestic violence conviction on your record can have devastating consequences on your career or professional license. That’s why your first call should be to an Irvine domestic violence lawyer.
Charges Handled By An Irvine Domestic Violence Lawyer
Domestic battery, (Penal Code Section 243(e)), is any willful and unlawful use of force or violence upon the person of another. This is a misdemeanor and is punishable by up to a year in jail. This crime only requires harmful or offensive contact. It does not require any injury. For example, if one spouse pushes another, this is enough to constitute domestic battery. It doesn’t matter whether the contact hurt the victim or whether the victim is much larger than the defendant. Any Irvine domestic battery lawyer will tell you that domestic battery is the most commonly charged domestic violence offense.
If the domestic battery does result in a visible injury, it will be charged as Willful Infliction of a Corporal Injury. (Penal Code Section 273.5) This charge is called a “wobbler”, which means the Orange County District Attorney can file the charge as a felony or misdemeanor. The DA has discretion to decide how to file it. Their decision is typically based on the severity of the injury, the circumstances surrounding the incident, and the defendant’s criminal record.
If the DA does file the charge as a felony, your Irvine domestic violence lawyer may be able to persuade a judge to reduce it to a misdemeanor at the preliminary hearing. If willful infliction of a corporal injury is filed as a misdemeanor, it can be punished by up to a year in the Orange County jail. A felony is punishable by up to four years in prison.
Making a criminal threat is punishable under California Penal Code Section 422. Not every threat can be prosecuted as a crime under the criminal threats statute. Penal Code Section 422 states:
“Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear of his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year or by imprisonment in the state prison.”
This crime is also a wobbler and your Irvine domestic violence lawyer may be instrumental in getting this charge reduced.
Free Telephonic Consultation With An Irvine Criminal Defense Lawyer
The Law Office of EJ Stopyro offers a free and confidential consultation with an Irvine domestic violence lawyer. Call us now at (949) 559-5500. EJ will be happy to evaluate your case over the phone and help you explore your options. Our Irvine office is located at 17875 Von Karman Ave., Suite 150, Irvine, CA 92614.