Domestic Violence

Rancho Cucamonga Domestic Violence Attorney

Were you arrested for domestic violence? The first thing you should not do is try to explain “your version” of the event to the police. A domestic violence conviction can have severe consequences in your life. Burga Law Firm PC has represented many clients charged with domestic violence. We know that many innocent people get wrongly accused of domestic violence. At times, you may be falsely accused by your intimate partner. You may have acted in self-defense, or it was an accident, and the officer had to make an arrest based on the injuries. Do not try to handle your case alone, even if the alleged victim has decided to drop the charges.

Consequences of a Domestic Violence Conviction

The results domestic violence conviction will vary depending on the charge. They usually come with a restraining or protective order. A protective order (P.O.) prevents you from contacting the alleged victim. The more serious one is Penal Code 273.5. This criminal charge requires that you:

  • Willfully inflicted a physical injury on someone else,
  • That bodily harm resulted in a traumatic condition,
  • The person injured is or was your intimate partner.

California Penal Code 273.5, can be a misdemeanor or a felony charge. If charged as a misdemeanor, you could face up to 364 days in county jail plus a maximum of $6,000 fine. If the prosecutor charges you with a felony, you could face up to 4 years in prison and $6,000 maximum fine. The prosecutor will look at the circumstances of the case and your criminal history to decide to charge you with a felony or a misdemeanor.

California Penal Code 243(e)(1) domestic battery is another, less serious domestic violence offense. To be charged with Domestic Battery, the prosecution must only prove the following:

*Willful and unlawful touching of an intimate partner that is harmful or offensive.

No injury is required. It comes with a maximum fine of two thousand dollars ($2,000) and a maximum county jail sentence of one (1) year.

Defenses to Domestic Violence Charges

The most common defensive arguments to a charge of domestic violence are that 1) you were wrongfully accused, 2) you acted in self-defense, 3) your intimate partner’s injury was due to an accident. You shouldn’t try to determine this on your own. Give us a call. We’ll help you decide if you have a defense to a domestic violence charge. As a Rancho Cucamonga Domestic Violence Attorney, we have the experience to help you find the best defense argument to your criminal charge.

Alternative Pleas

As a criminal defense attorney, when it comes to domestic violence, we work hard to obtain a dismissal. However, when a dismissal is not possible, we know how to find some other available alternative pleas to avoid a conviction for domestic violence. Burga Law Firm PC has successfully helped many clients in getting a reduction of their domestic violence charge. Depending on the facts of your case and on the primary goal that you are trying to achieve, we can find the best possible solution for you. Whether it is your employment situation or your immigration status, we can help you determine which plea will be safe for you. Some of these pleas are:

  • Penal Code 415 – Disturbing the peace. This plea may help you avoid the more severe consequences in your life.
  • We can also help you obtain getting a post-plea dismissal of your charge upon completion of your domestic violence or anger management course. These courses require you to attend a class for 52 weeks.
  • Also, you may have to do some community service and pay fines, penalties and assessments, and restitution fees.

We can’t guarantee you these results, but we can assure you that we’ll fight for you.

Don’t take a plea before talking to one of our attorneys at Burga Law Firm PC. Give us a call (909) 538-8320 or fill out our free case evaluation form.