Domestic Violance

Nevada County Domestic Violence Lawyer

California law takes domestic violence seriously, providing the police, through different statutes, the ability to arrest a domestic partner regardless of whether they caused a physical injury. If you were accused of domestic abuse, you deserve to understand the charges against you and recognize the potential penalties you might face. Engaging a skilled domestic violence attorney is crucial, as the right legal support could significantly impact the outcome of your case.

Thankfully, a Nevada County domestic violence lawyer, recognized as one of the best Nevada county domestic violence lawyers, is here to help. Our legal team, experienced in Nevada domestic violence cases, could listen to your situation and determine the most effective defense strategy. Our attorneys, with decades of experience resolving domestic issues with prosecutors and juries, stand ready to assist. If you have been accused of abusing someone close to you, our legal team, well-versed in the complexities of Nevada domestic violence law, could guide you through your next steps.

What Is Domestic Abuse In California?

State law outlines two forms of domestic violence: abuse without physical injuries and abuse with injury. If someone uses force or violence against a spouse, fiancé, cohabitant, or a domestic/intimate partner and does not cause physical injury, they can be charged with domestic battery. As experienced Nevada domestic violence lawyers, we understand that California Penal Code § 243(e)(1) establishes the penalties for this offense.

Meanwhile, Cal. Pen. Code § 273.5 describes domestic violence with physical injuries. To be charged with this offense, as the best Nevada county domestic violence lawyer would advise, a defendant must have purposefully inflicted physical abuse against a domestic or intimate partner. This abuse must have led to a wound, a bodily injury caused by physical force, or a traumatic condition. Additionally, a domestic violence attorney would emphasize that to be charged, the accused must not have acted in self-defense or in defense of another person.

Who Is A Domestic Or Intimate Partner?

The law defines a domestic or intimate partner as a spouse or former spouse, anyone who lives with or has lived with the accused, a person engaged or formerly engaged to the accused, anyone dating or sexually intimate with the accused, and the other parent of the accused person’s child.

If you were accused of domestic violence and need help understanding the specific laws that might apply to your case, a knowledgeable Nevada County domestic violence lawyer could investigate your scenario and explain what you should expect moving forward. As one of the best Nevada county domestic violence lawyers, our team is well-equipped to provide the guidance and representation you need. Our dedicated domestic violence attorneys understand the complexities of Nevada domestic violence laws and are committed to ensuring your rights are protected.

Penalties For Domestic Violence

Domestic battery without physical injuries is classified as a misdemeanor. If convicted, a defendant can spend up to one year in county jail and may have to pay a fine of up to $2,000. The judge may also order probation. A conviction will also ban the defendant from owning a firearm for 10 years. In such cases, consulting a domestic violence attorney can be crucial to understand the legal implications.

Meanwhile, domestic abuse with physical injury is called a wobbler because it can be a misdemeanor or a felony at the prosecutor’s discretion, depending on the facts and whether the accused has a criminal history. This is where the expertise of Nevada domestic violence lawyers becomes vital.

For misdemeanor charges, a defendant can face up to one year in county jail, a fine of up to $6,000, and possible probation. For felony charges, a convicted person can face two to four years in state prison and pay up to $6,000 in fines. Probation might be possible in felony domestic violence cases, and the best Nevada county domestic violence lawyer could provide guidance on this on a case-by-case basis.

Enhanced Penalties

It is key to understand that domestic violence penalties become more serious if the injury inflicted is considered a great bodily injury. An additional, consecutive sentence of between three and five years will apply in these cases. Furthermore, because serious bodily injury ups the charge to a felony under California’s Three Strikes law, any conviction for a subsequent felony will come with a doubled prison term. Finally, a conviction under Cal. Pen. Code § 273.5 will result in a lifetime ban on owning or possessing firearms.

In such serious instances, the advice and representation of a skilled Nevada domestic violence lawyer, especially one known as the best Nevada county domestic violence lawyer, can be invaluable. Their expertise in handling cases where the stakes are exceptionally high, such as a potential lifetime ban on firearms, demonstrates the importance of consulting a dedicated domestic violence attorney to navigate these complex legal waters.

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The WIN Law Firm is led by Kenny Nguyen who fights intelligently to advocate for his clients. He understands that good people can sometimes find themselves in unfortunate situations, for which he is prepared to help them rise above.

If you want a tough, experienced and relentless advocate on your side, give us a call for a free consultation today.

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