Domestic Violence Attorney in Benicia
Arrested or Accused of Domestic Violence in Benicia?
Our Domestic Violence Attorney in Benicia Will Protect Your Rights
At The Law Office of Yuri Hill, our domestic violence attorney in Benicia is a passionate, professional advocate for clients. With experience handling domestic violence cases, our domestic violence attorney Benicia & Solano County understands the pressure that people and families face when going through these types of stressful situations. If you or your family member was arrested for domestic violence, our law firm will protect your rights. For a strictly confidential, no obligation consultation with a domestic violence attorney in Benicia, please do not hesitate to contact our Benicia law office for help.
Three Steps to Take If You are Accused of Domestic Violence
If you were accused of spousal battery or domestic violence in California, it is imperative that you take immediate action to protect your legal rights. In far too many cases, people make mistakes in the heat of the moment after being accused of wrongdoing. By taking the proper steps, you will put yourself in the best position to defend your case. Here are three steps to take if you are accused of or arrested for domestic violence in Benicia & Solano County:
1. Exercise Your Rights—Remain Silent: The Fifth Amendment to the U.S. Constitution grants you the right to remain silent. You are not required to answer a police officer’s questions. It is always best to exercise your right to remain silent if you are arrested or otherwise under criminal suspicion. Although they will sometimes try to “be your friend” and just “ask for your side of the story”, the reality is that police officers are not on your side. Their job is to build a case. Your words can easily be taken out of context and used against you. Call a domestic violence attorney in Benicia for legal assistance. 2. Do Not Confront the Accuser: If you are facing an allegation—particularly an outright false allegation—it is normal to want to confront the accuser. This is a huge mistake. If a proactive order was issued, it could even be a criminal offense. California provides very strong legal protection to domestic violence victims. These protections take effect before a defendant gets their day in court. Do not confront the accuser. Let your lawyer handle the matter ? Hire our experienced domestic violence attorney in Benicia for legal assistance. 3. Hire a Domestic Violence Attorney Benicia : You do not have to go through this alone. A domestic violence accusation can be emotionally difficult to deal with. Your good name is on the line. Our professional legal domestic violence attorney in Benicia team representation is just a phone call away. Contact our Benicia & Solano County, CA domestic violence law firm to get immediate help with your case. Our experienced domestic violence attorney in Benicia will hear your story, review the charges, and take action to protect your rights and interests.
What to Know About California Domestic Violence Laws
Broadly defined, domestic violence is violence or abuse within a domestic setting, such as a marriage, intimate relationship, or family/household relationship. In California, domestic violence charges fall under a collection of state statutes. Here is an overview of the California domestic violence laws: ● Domestic Battery: Under California Penal Code § 243(e)(1), it is a misdemeanor criminal offense to inflict an injury on a spouse or intimate partner. The maximum punishment is a $2,000 fine and up to one year in jail. To be clear, a relatively minor injury is sufficient to warrant domestic battery charge. If you were arrested for domestic battery Benicia & Solano County, call our experienced domestic violence attorney in Benicia now for immediate help. ● Corporal Injury to Spouse/Inhabitant: Our state’s more serious domestic battery statute, California Penal Code § 273.5(a) makes it a felony to cause a “corporal injury” to a domestic partner. A corporal injury is defined as a physical injury that causes trauma to the victim. If you were arrested for causing corporal injury to a spouse or other household member, contact our experienced domestic violence attorney in Benicia for a confidential consultation. ● Child Abuse: If the alleged victim of domestic abuse is a child, the charges may be enhanced. In California, a first-time child abuse charge is punishable by a maximum three years in prison. Notably, state statutes include an exception for “reasonable spankings.” If you were charged with child abuse, child neglect, or child endangerment, you need an experienced domestic violence attorney in Benicia . ● Stalking: A stalking charge can fall under domestic violence laws. Under California Penal Code § 646.9, it is a criminal offense to harass or threaten another person repeatedly, to the point that they fear for their safety or the safety of their family. Depending on the nature of allegations, stalking can be charged as either a misdemeanor or a felony in California. If you or your family member was arrested and charged with stalking, call our domestic violence attorney in Benicia right away. ● Criminal Threats: The mere threat of domestic violence could, in itself, be a criminal offense. Under California Penal Code § 422, it is unlawful to willfully threaten death or serious bodily injury to another person with specific intent to carry out the statement. These are complex cases. Prosecutors must prove intent to obtain a conviction. If you were charged with making criminal threats, call our domestic violence attorney in Benicia for immediate assistance. Ultimately, every domestic violence case involves its own unique challenges. A skilled Benicia domestic violence defense attorney will be able to help you understand the charges against you, the consequences of a conviction, and the steps that you can take to protect yourself from a bad outcome. Hire our experienced domestic violence attorney in Benicia for legal assistance.
Domestic Violence Protection Order: What You Should Know
Also referred to as a ‘domestic violence restraining order’ a domestic violence protection order is a court order that helps to protect victims and potential victims. Most often, these orders require the alleged perpetrator to stay away from the alleged victim, including avoiding contact such as phone calls, text messages, and emails. Call our experienced domestic violence attorney in Benicia for legal assistance. A California court can enter a domestic violence restraining order based solely on accusations. In effect, this means that an order could be entered against you without you ever getting an opportunity to present your side of the case. As frustrating and confusing as this can be, it is crucial that you always comply with the terms of a domestic violence restraining order. Call our domestic violence attorney in Benicia right away to know more. It is a criminal offense to violate a domestic violence protection order in California. Under California Penal Code § 273.6, any person who knowingly and intentionally violates a domestic violence order is subject to immediate arrest and imprisonment. If you are accused of breaching the terms of a protective order, call an experienced domestic violence attorney in Benicia right away.
How a Domestic Violence Charge Can Affect Child Custody & Visitation
Domestic violence allegations can have family law implications. Indeed, if you are a parent, a domestic violence conviction could have an adverse impact on your child custody rights or child visitation rights. Even the charge itself—without a conviction—could cause you serious problems. A restraining order could interfere with your ability to see your children. Call our domestic violence attorney in Benicia right away to know more. In raising a defense against domestic violence accusations, it is crucial that your parental rights are taken into consideration. At The Law Office of Yuri Hill, call our domestic violence attorney in Benicia will take the time to get to know your specific situation in order to build a defense strategy that is best suited to obtain a successful outcome.
How a Domestic Violence Charge Can Affect Child Custody & Visitation
My Spouse or Partner Wants to Withdraw the Domestic Violence Charges—Is that Possible?
Once law enforcement takes on a case, it is up the prosecutor to determine how it will proceed. In California, victims do not have an automatic right to withdraw charges once they have already been filed. That being said, California prosecutors are generally hesitant to bring domestic violence charges without some level of cooperation from the alleged victim. If your spouse/partner wants to drop the case, an experienced domestic violence attorney in Benicia can help you determine the best approach.
Is Domestic Violence a Misdemeanor or Felony in California?
It depends on the specific nature of the allegations. In California, domestic violence can be charged as either a misdemeanor or a felony. While there are a number of different factors that can affect the specific criminal charge, the most important is the extent of the alleged injuries. The more severe the injuries the victim suffered in the alleged attack, the more likely prosecutors are to pursue a felony charge under California’s ‘corporal injury to spouse/inhabitant’ statute. Hire our experienced domestic violence attorney in Benicia for legal assistance.
Can I Raise Self Defense as My Defense to a Domestic Violence Charge?
Yes. You always have the option to raise self defense against a domestic battery charge. As an affirmative defense, self defense occurs when a person uses justifiable physical force to protect themselves. The line between self defense and domestic battery is not always so clear. If you are considering raising a self defense strategy in a domestic violence case, it is imperative that you call an experienced domestic violence attorney in Benicia. This is a delicate legal matter and your defense must be handled properly.
Gun possession comes in two different forms: Actual possession and constructive possession. In an actual possession case, prosecutors allege that the defendant had the firearm on their person, perhaps in their hand or in their pocket. In contrast, in a constructive possession case, the defendant is not alleged to have the gun on their person. Instead, the defendant is alleged to have knowledge of the presence of a firearm that is under their control. As an example, an individual who has an illegal firearm tucked in their car seat may be charged with constructive possession.
How California Criminal Defense Lawyer Yuri Hill Can Help
Domestic violence cases are complicated. These matters should be handled with care, compassion, and sensitivity. At The Law Office of Yuri Hill, we understand how stressful and difficult it can be to be accused of and/or arrested for domestic battery. You have every right to defend yourself. Our domestic violence attorneys in Benicia are ready to help you take the next steps. Among other things, our domestic violence attorney in Benicia will:
● Explain the implications of the domestic violence charges; and
● Build a personalized defense strategy focused on getting you the best outcome.
With deep experience handling a wide range of misdemeanor and felony criminal charges, we know how much you have on the line. Our domestic violence attorney in Benicia will put in the time and resources to devise a defense strategy that is focused on getting you the best results—whether that means fighting aggressively to get false charges thrown out or working towards a plea agreement that keeps you out of jail and protects your future. Hire our experienced domestic violence attorney in Benicia for legal assistance.
Contact Our Benicia & Solano County, CA Domestic Violence Defense Attorney Today
At The Law Office of Yuri Hill, our domestic violence attorney in Benicia has the skills and experience to defend you against the full range of criminal charges. If you or your family member was arrested for domestic violence, we will protect your rights. Everyone deserves a chance to clear their name. Call us now for a fully confidential initial consultation. We represent clients in Benicia & Solano County and throughout the surrounding area, including in Benicia & Solano County, Placer County, San Joaquin County, El Dorado County, and Yolo County.