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Domestic Violence California Lawyer
Domestic violence can be a highly serious crime in California and throughout the United States. Those accused of domestic violence face serious legal and personal repercussions. A qualified Domestic Violence Lawyer in Santa Ana can help those accused of domestic violence successfully navigate the legal system surrounding this issue.
Christopher McCann, an acclaimed Criminal Defense Lawyer in Santa Ana, has valuable experience that can help all those accused of committing an act of domestic violence resolve their cases as quickly and peaceably as possible. Domestic violence cases can be especially stressful due to the emotional nature of the crime, so hiring a qualified attorney like Mr. McCann will help minimize the lifetime impact of the accusation.
Domestic violence is a broad, general use term that covers a number of technical penal codes in California. Though many people immediately think of spousal abuse when they hear the term domestic violence, Penal Codes 273.5 Corporal Injury to a Spouse or Cohabitant, 243(e)(1) Domestic Battery, 273d Child Abuse, 273a Child Endangerment and 368 Elder Abuse are all forms of domestic violence. An experienced Criminal Defense Lawyer in Santa Ana such as Chris McCann can help prepare for whichever specific penal code is invoked in a particular domestic violence case.
To understand the exact definition of domestic violence, the term can be broken into its component parts. As most people know, “Domestic” does refer to any romantic partnership, former or current, and cohabiting or not. Domestic relationships also include parents of children, even if there is no romantic relationship, and also any family relationships including parents, siblings, aunts, uncles, nieces, nephews and first cousins. A domestic relationship can also be any cohabiting relationship including roommates or former roommates. Violence committed to any person that falls in one of these categories can be considered domestic violence.
As to the violence or abuse part of domestic violence or domestic abuse, the California Family Code Division 10 defines abuse as “intentionally or recklessly causing or attempting to cause bodily injury, sexual assault or placing a person in reasonable fear of imminent serious bodily injury.” The final part of that definition does mean that one can be accused of domestic violence without actually committing a violent act. Threats of violence that are reasonably believable also fall under the category of domestic violence.
A domestic violence case can be tried as either a felony or a misdemeanor charge. Each case's prosecutor is responsible for determining whether the charge should be a misdemeanor or a felony. The prosecutor's decision is based largely on the specific circumstances of the case, considering whether there were serious injuries or only threats or more minor injuries.
Penalties for domestic violence cases depend on whether the charge is assessed to be a misdemeanor or a felony. Both misdemeanor and felony cases can result in individuals being sentenced to a 52-week domestic violence counseling program, 40 hours of community service, a no contact order with the victim, and fines. Misdemeanor charges carry a possible penalty of up to 6 months of jail time, while felony charges carry a minimum of 3 months and a maximum of 3 years of jail time. Hiring an expert Domestic Violence Lawyer in Santa Ana can help minimize these possible penalties.
Christopher McCann, a Criminal Defense and Domestic Violence Lawyer in Santa Ana, California, can provide valuable services for anyone accused of domestic violence. Whether the charge is determined to be a misdemeanor or a felony, Chris can help clients reduce possible penalties and navigate the complicated legal system while remaining sensitive to the highly emotional and isolating nature of domestic violence allegations.
Chris McCann is available for free consultations for domestic violence cases and for other Criminal Defense cases. As a highly experienced Criminal Defense Lawyer in Santa Ana, he can provide invaluable insight and analysis to any case. Call today for a free consultation!