Domestic violence is a serious crime and domestic violence charges will require the services of an experienced domestic violence lawyer.
When police receive a domestic violence call, they will often arrest the person being accused of domestic abuse, even if the one charged with abuse did nothing wrong. Oftentimes, all it takes is an upset spouse to pick up a phone, and your life could be turned upside down. A Fresno Criminal Attorney can help you.
Why you need an expert domestic violence attorney
Laws today make it easy to accuse someone of domestic violence and extremely difficult for the person accused to clear his or her name. Oftentimes a jealous or upset spouse or alcohol use can result in an accusation of domestic violence.
Following an accusation of domestic violence, law enforcement will more often than not arrest the individual who has been accused. Sometimes the individual accused may not be guilty of any wrongdoing. However, the new norm seems to be to arrest now and straighten out the facts later.
In Fresno and Madera, a number of law enforcement agencies following an allegation of domestic violence will arrest the accused, for a felony charge of domestic violence. When this occurs the accused will be required to post bail. Most of the time, the accused will also be served with an Emergency Protective Order prohibiting them from having any contact with the alleged victim for a set period of time. When this occurs, the accused, regardless of the truth of the allegations, can be prohibited from returning to their residence if shared with the accuser.
If you have been charged with domestic violence you could face severe consequences, including the issuance of a criminal protective order, mandatory jail time, and anger management or batterer’s treatment programs. In addition, the accused can be prohibited from contacting their children if a protective order is issued. This is why you need to contact one of Fresno’s very best attorneys in handling and resolving domestic violence cases. Mr. Fox will be on your side every step of the way.
Life after a domestic violence arrest
Even if you have been arrested following an allegation of domestic violence, all is not lost. Gregory W. Fox is an experienced criminal defense attorney who will help you navigate the domestic violence courts in Fresno and Madera. Mr. Fox will fight to keep you out of jail and reduce the penalties whenever possible.
An allegation of domestic violence can be charged as a misdemeanor or a felony. In most instances, an individual accused of domestic violence is charged with a violation of Penal Code section 273.5.
Penal Code section 273.5 makes it a misdemeanor or a felony to willfully inflict corporal injury resulting in a “traumatic condition” upon a spouse or former spouse, cohabitant, mother or father of the offender’s child, or someone the offender has a dating relationship with. The statute requires there to be a “traumatic condition.” A traumatic condition means a wound, external or internal injury, or injury resulting from strangulation or suffocation.
When there is no “traumatic condition” present, the accused is often charged with a violation of Penal Code section 243(e). This section makes it a misdemeanor to commit a battery against the same group of individuals mentioned in Penal Code section 273.5.
The difference between the two sections is that one requires a “traumatic condition” and can be charged as a misdemeanor or a felony and the other, Penal Code section 243(e), can only be charged as a misdemeanor.
When dealing with a domestic violence charge you will want to make sure you are being assisted by an experienced attorney such as Gregory W. Fox.
Owning a gun after a domestic violence conviction
An individual convicted of a felony offense is precluded from owning or possessing a firearm.
For individuals convicted of a misdemeanor violation of Penal Code section 273.5 after January 1, 2019, there is now a lifetime prohibition for owning a firearm. (Penal Code § 29805(b).)
For individuals convicted of a misdemeanor violation of Penal Code section 273.5, there may also be a lifetime prohibition pursuant to 18 United States Code section 921(a)(33)(A) and 922 (g)(9).
In California, a misdemeanor violation of Penal Code section 243(e) can result in a 10-year firearm prohibition. Under certain circumstances, a violation of this section may also result in a lifetime firearm ban.
If you have been convicted of domestic violence or a related offense you may now be precluded from owning a firearm. If this is the case, it may be difficult to have your right to possess a firearm restored.
Having a domestic violence charge reduced or expunged in California
If you were convicted of a felony violation of Penal Code section 273.5, and were granted probation you may now be eligible to have the offense reduced to a misdemeanor. Penal Code section 17b allows certain individuals the right to have their felony conviction reduced to a misdemeanor. If the request is granted, the violation is deemed a misdemeanor for all purposes. However, this will not result in the restoration of an individual’s gun rights.
Penal Code section 1203.4 allows an individual who has been convicted of domestic violence to have the conviction dismissed from their record. If the court grants the request, the case will be dismissed and the individual will be released from most penalties and disabilities that resulted from the conviction.
Marsy’s Law
If you are a victim of domestic violence, there are a number of resources available at the court to assist you. A victim of domestic violence should also know that they have certain rights pursuant to Code of Civil Procedure section 1219.
Code of Civil Procedure section 1219(b) prohibits a court from imprisoning or otherwise placing in custody the victim of a sexual assault or domestic violence crime for contempt if the contempt consists of refusing to testify concerning that sexual assault or domestic violence.
If you are a victim of domestic violence you are also entitled to have an attorney represent you. If you have questions regarding your rights as a victim, you should contact an experienced attorney who can assist you in understanding your rights.
Fresno domestic violence lawyer
The Law Office of Gregory W. Fox has the experience and resources you need in fighting a domestic abuse charge. Mr. Fox will fight for your rights from arraignment to trial, helping to clear your name and reunite you with your family. Call today (559) 222-5800 to request a consultation, in most instances, an appointment can be made for the same day.