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Rancho Cucamonga Domestic Violence Defense Attorney

In California, Domestic Violence can be committed in ways that you may not think it's violence. Sometimes, words can be considered violence such as threats, even if you don't mean to follow up with your threat. Because of the wide definition of Domestic Violence, there is a likelihood that if you are arrested for Domestic Violence that you did not commit Domestic Violence. The following may be considered Domestic Violence:

  • Verbal abuse

  • Threats of physical harm

  • False Imprisonment

  • Financial or economic deprivation

  • Sexual abuse

Burga Law Firm PC has been very successful in obtaining dismissals and in some occasions reducing Domestic Violence. We have helped many of our clients avoid serious consequences such as losing their job or their rights to own firearms.

What can I do if I am arrested for DOMESTIC VIOLENCE?

You could be arrested for Domestic Violence if the officers believe that you committed an act that placed the other person in fear. The police officer will want to speak with you asking you questions. As always, we highly recommend that you do not speak with the police without your attorney present.

When arrested with Domestic Violence remain calm especially while you are getting arrested. Officers may charge you with additional crimes if they feel that you are resisting. There isn't much to do if you are arrested for Domestic Violence other than hiring an experienced Domestic Violence Defense Attorney such as Burga Law Firm PC.

You could be charged with either a misdemeanor or a felony depending on the seriousness of your charge. In some courts, they have a special unit for Domestic Violence cases and you'll need to have an experienced Attorney helping you navigate this process.

What happens at my court date?

Your first court date is called your arraignment. That day the Judge will read to you the charges that the District Attorney filed against you. Typically they are:

  • PC 242 - Battery

  • PC 243(e)(1) - Domestic battery to spouse or cohabitant

  • PC 270 Child Neglect

  • PC 273 Child Abuse

  • PC 273(a) Child Endangerment

  • PC 273.5 Infliction of corporal injury to a spouse or cohabitant

  • PC 422(a) Criminal threats

  • PC 647(k)(4) Revenge porn

  • PC 646.9 Stalking

Depending on the seriousness of your case, you may be given a PO (Protective Order) against you. This means that you will not be allowed within 100 years of the victim or try to contact the victim. This can make it very difficult if you are not allowed to come home with your family and incur additional expenses of having to find alternative housing.

If you enter a plea of not guilty, the Judge will order you to come back to your next hearing, typically a pre-trial or case readiness. Burga Law Firm PC will appear at all of your hearings and in some cases such as misdemeanors, you will not have to go to court if you hire an attorney. Your attorney can represent you in court without you having to be present.

What are the common defenses to domestic violence charge?

The common defenses for a domestic violence charge are as follows:

  • The injuries were the result of an accident or injury not related to the alleged incident

  • The defendant did not cause the injuries

  • The defendant acted in self-defense of others

  • The victim made false accusations

What are the Consequences of a Domestic Violence conviction?

The consequences can be costly and time-consuming. Some of the common consequences of a domestic violence conviction are:

  • Probation

  • 52-week domestic violence course

  • Anger Management

  • No contact with the victim

  • Pay a fine to the court

  • Up to 6 months in jail (Misdemeanors) or more than a year in State Prison (Felonies)

There are other consequences such as losing your job and your rights to own firearms. If you are not a citizen of the United States you could face deportation and be placed in removal. You could lose your permanent resident status and be deported from the United States.

Burga Law Firm PC practices both Immigration and Criminal Defense and knows how to help you if you are not a US Citizen, to avoid Immigration Consequences.

CONTACT US TODAY

Burga Law Firm is committed to answering your questions about immigration, criminal defense, and personal injury law issues in southern California.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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