Newport Beach Domestic Violence Lawyer | Defense

Newport Beach Domestic Violence Lawyer 

Facing accusations of domestic abuse can severely impact your reputation and relationships. Allegations can quickly spread, creating tension with loved ones. Domestic violence cases in Newport Beach are particularly challenging to prove, but with the help of a skilled attorney like Attorney Dod, you can defend your freedom and reputation. Discover how a Newport Beach Domestic Violence Lawyer can assist you in navigating these difficult situations.

At Dod Law, a criminal defense firm serving Newport Beach, we have over 20 years of experience representing clients in California. Led by Attorney Dod, our team is dedicated to defending individuals against domestic violence charges. A conviction for domestic violence carries serious consequences, including imprisonment, fines, and probation. By working with us, you gain the opportunity to pursue the best possible outcome for your case.

What is Considered Domestic Violence in Newport Beach, California?

Abuse, whether physical, verbal, emotional, or psychological, can lead to criminal charges. When the abuse or threats involve someone with whom you share a close relationship, the offense is categorized as “domestic violence.”

This applies to relationships such as:

• A current or former spouse or domestic partner
• A current or former intimate partner (boyfriend/girlfriend)
• Your child
• The parent of your child
• Other close family members

According to California Family Code section 6203, domestic abuse includes:

• Physically harming or attempting to harm someone
• Threatening physical harm
• Sexual assault
• Harassment or stalking

If you or a loved one is facing domestic violence charges, it’s essential to have a skilled legal advocate by your side. Attorney Dod, an experienced domestic violence lawyer in Newport Beach, can provide the legal expertise needed to defend your case.

Penalties for a Domestic Violence Conviction in Newport Beach

Domestic violence is a serious criminal offense in California, and the courts approach these cases with great severity. Many domestic violence charges fall into a “gray area” between misdemeanors and felonies. These are referred to as “wobbler” offenses, meaning the prosecutor has discretion to charge the crime as either a misdemeanor or a felony based on the specifics of the case. The potential consequences vary greatly depending on the charge, with felonies carrying significantly harsher penalties than misdemeanors.

A domestic violence conviction can lead to more than just legal penalties—it can have lasting effects on your life, including damage to your reputation and future opportunities. These penalties also become more severe with each subsequent conviction.

For example, a first-time misdemeanor domestic battery conviction may result in:

• Fines of up to $2,000
• Up to one year in county jail
• Mandatory participation in a batterer intervention program
• Community service

In some cases, particularly for first offenses, the court may grant probation instead of jail time. Additional penalties could include paying for the victim’s mental health counseling or making a donation to a women’s shelter.

For more serious charges, such as felony corporal injury to a spouse, the potential penalties include:

• Up to one year in county jail
• Up to four years in state prison
• Fines of up to $6,000

If you are facing domestic violence accusations, it’s crucial to have experienced legal representation. A skilled Newport Beach domestic violence attorney who understands the complexities of these cases can help you navigate the California court system and fight for your rights.

What Makes a Domestic Violence Charge a Felony?

When deciding whether to charge a domestic violence offense as a misdemeanor or a felony, prosecutors take into account the severity and extent of the injuries caused. The seriousness of each individual injury, as well as the overall harm inflicted, plays a crucial role in determining the appropriate charge.

A domestic violence offense can be charged as a felony in cases such as:

• Corporal injury to a spouse, in violation of California Penal Code Section 273.5(a)
• Criminal threats, in violation of California Penal Code Section 422

Corporal injury involves the use of physical force that results in a traumatic condition, which can include wounds or injuries, whether minor or serious.

Each domestic violence case is different, but certain circumstances can elevate a misdemeanor charge to a felony. For instance, if the accused has prior convictions for violent crimes—such as domestic battery or assault with a deadly weapon—the current charge could be escalated to a felony.

A felony domestic violence conviction can lead to significant penalties, including prison time. Under California’s Three Strikes law, a domestic violence conviction can count as a “strike.” Repeat offenders with multiple strikes for violent crimes may face longer prison sentences due to the increased penalties associated with this law.

What are the Terms of Probation for a Newport Beach Domestic Violence Conviction?

If you are charged with a misdemeanor domestic violence offense, such as domestic battery under California Penal Code Section 243(e)(1), you may face supervised or unsupervised probation as part of your sentencing.

Probation serves as an alternative to jail or prison time and is designed to protect the public, support the victim’s recovery, and rehabilitate the offender. During probation, you must meet specific conditions, and any violation of the law could result in a probation violation and additional penalties.

Common terms of probation may include:

• Time already served in jail before probation
• Attendance at anger management or domestic violence counseling
• Completion of community service or labor hours
• Payment of restitution to the victim
• Payment of court fines
• Regular check-ins with a probation officer
• Submitting to random drug tests

If counseling is mandated, it is crucial to attend every session and complete the program as required. Missing sessions or failing to finish the program could lead to further legal consequences, including a possible probation violation.

What Does a Protective Order Do in California?

In California, criminal courts often issue protective orders (commonly known as “restraining orders”) against individuals accused of domestic violence. These court orders typically prohibit any form of contact or communication with the victim.

At the victim’s request, a judge may modify the protective order to allow peaceful contact between the involved parties. However, even if the victim wishes to restore communication, the judge may still enforce a full protective order based on the circumstances of the case. For families trying to reconcile and remain together, these mandatory protective orders can be particularly difficult.

A domestic violence-related protective order may include restrictions such as:

• Prohibiting the defendant from approaching the victim’s home, school, or workplace
• Barring the defendant from contacting the victim, their children, or other family members
• Requiring the defendant to stay away from pets
• Forcing the defendant to move out if they live with the victim
• Prohibiting the defendant from owning or possessing firearms
• Preventing the defendant from altering insurance policies
• Mandating payment of child or spousal support or other bills
• Requiring the return of the victim’s property
• Completing a 52-week batterer intervention program

If a defendant intentionally violates a restraining order, they may face additional penalties, including a probation violation and new criminal charges under California Penal Code Section 273.6.

What Other Consequences Can Come from a Conviction in Newport Beach

A conviction for a domestic violence crime can lead to additional penalties beyond the immediate legal consequences. One of the most significant impacts is having a criminal record, which will appear on background checks and can hinder your chances of securing employment.

Other potential consequences of a domestic violence conviction include:

• Irreparable damage to your personal and professional reputation
• Loss of your professional license
• Prohibition from owning or possessing firearms
• Deportation for non-citizens

If you are facing domestic violence charges in Newport Beach, it’s essential to work with an experienced violent crimes defense attorney like Attorney Dod. A skilled lawyer can help you build a strong defense to safeguard your rights, your future, and your freedom.

How Can You Defend a Domestic Violence Charge in Newport Beach, California?

Domestic violence charges carry more severe implications than charges for simple assault or battery. In California, prosecutors take domestic violence allegations very seriously, even when the defendant may be wrongly accused due to anger or jealousy. If a domestic violence charge becomes part of your permanent criminal record, it will appear on all future background checks, potentially jeopardizing your chances of obtaining housing or employment for years to come.

To secure a conviction, prosecutors must demonstrate that the accused acted violently and with intent, and that their actions resulted in a traumatic injury.

However, there are several defenses that a qualified attorney can employ to challenge the charges, including:

• Lack of intent
• Self-defense
• False accusations
• Insufficient evidence

Regardless of the specifics of your domestic violence case, Attorney Dod is committed to fighting for the best possible outcome for your situation.

Hiring a Newport Beach Domestic Violence Lawyer

It is crucial to hire a Newport Beach domestic violence attorney as soon as possible after your arrest, whether you are in custody or have been released. Ideally, you should secure legal representation the very next day so that your attorney can reach out to the detective handling your case before it is submitted to the district attorney.

What Happens When You Are Arrested for a Domestic Violence Offense in Newport Beach, California?

Following an arrest for a domestic violence offense, an emergency protective order may be issued, prohibiting any contact between you and the protected party for a specified period. A detective will be assigned to investigate the case, conducting a follow-up inquiry before forwarding it to the district attorney. The district attorney will then determine whether or not to file charges.

It’s important to note that being arrested for domestic violence does not automatically result in charges. This is why having an experienced criminal defense attorney is essential; they can work to prevent charges from being filed against you.

To schedule a free consultation with a member of our first-class legal team, call us today at our Orange County office 949-681-7020  | Downtown San Diego office (619) 814-5110 | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form