Law Offices of Erik Steven Johnson

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San Jose Domestic Violence Defense Attorney

Cupertino domestic violence defense lawyer

Criminal Defense Lawyer Defending against Domestic Violence Charges in Milpitas, Mountain View, Campbell, and Los Gatos

Being convicted of domestic violence can lead to severe consequences for you and limit your rights and freedoms. It can damage family and community relationships as well as stain your reputation. Oftentimes, individuals are accused of domestic violence because their accusers want to take revenge or want to gain leverage in a child custody battle.

If you face a domestic violence charge, contact our domestic violence defense lawyer at the Law Offices of Erik Steven Johnson. Attorney Erik Johnson's high quality legal representation is why he is a trusted name in criminal law.

How Does California Law Define Domestic Violence?

Section 6203 of California's Family Code defines domestic violence as abuse that is committed against people such as:

  • The abuser's spouse or ex-spouse
  • The abuser's cohabitant or former cohabitant
  • The abuser's co-parent
  • The abuser's partner or former partner
  • The abuser's children

Abuse in section 6203 is defined as the following:

  • Causing or attempting to cause injury
  • Causing an individual to fear that he or she will be seriously injured
  • Sexual assault
  • Stalking, threatening, harassing, and other behaviors described in Family Code section 6320

Penalties for Domestic Violence Offense in California

Penalties for domestic violence in California vary depending upon prior offenses and the severity of the alleged abuse. Some of the laws and its penalties for domestic violence include:

  • If an individual intentionally causes an injury that results in a traumatic condition upon the persons listed in Family Code 6203, then the offender can be charged with a felony offense (Penal Code section 273.5(a)). If convicted, the offender will be jailed for up to one year or imprisoned in state prison for two, three, or four years. The offender may also be fined up to $6,000. Traumatic condition is defined in section 273.5 as an external or internal injury, strangulation, suffocation, and wound.
  • If an individual is convicted under Penal Code section 273.5 within seven years of a prior conviction for causing an intentional injury that resulted in a traumatic condition, the offender faces a jail time of up to one year or a prison sentence of two, four, or five years. The offender may also be fined up to $10,000.
  • If an individual convicted of domestic violence is granted probation, the individual may, instead of a fine, make a payment of up to $5,000 to a battered women's shelter and/or pay for his or her victim's counseling services and other reasonable expenses that the court believes resulted from the offense.
  • If an individual commits battery against a current or former spouse, a current or former roommate, a co-parent, or a current or former romantic partner, the individual may be fined up to $2,000 and/or imprisoned for up to one year (Penal Code section 243(e)(1)). If probation is granted or the sentence is suspended, the offender will be required to participate in a batterer's treatment program or some other counseling program as directed by the court.

A domestic violence conviction can have other consequences. For example, the defendant may not be permitted to see his or her family as a result of a restraining order that was issued against the defendant. The defendant may also not be permitted to possess a firearm. In addition, a domestic violence charge or conviction can negatively impact the accused party's divorce case and cause the accused to lose child custody.

Tenacious Domestic Violence Lawyer in Palo Alto CA

If you face a domestic violence charge, contact our domestic violence defense attorney immediately. The penalties for a domestic violence conviction will severely limit your freedoms and can have a lasting impact on your life. Attorney Erik Johnson at the Law Offices of Erik Steven Johnson will bring his skill, experience, and commitment to your case. To begin building your defense, contact our office today at 408-246-3004, or contact us online. We serve clients in Santa Clara County, San Francisco, Palo Alto, Sunnyvale, Milpitas, and Los Gatos.

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