California law broadly defines what sort of relationship is subject to the domestic violence laws; this includes “dating relationships”. Various laws cover what abuse means. Besides actual injuries, there are law violations which may be charged that include verbal threats arising from domestic circumstances.

The importance of contacting an experienced criminal defense attorney cannot be overstated when you have been accused of domestic violence. The severity of the penalties and the lasting effects of such accusations can be very serious. In times past, the police and prosecutors tended to require relatively compelling evidence to arrest and file charges against a person on the claim of domestic violence. Times have changed, and those days are over. Now, a mere complaint or proclamation of violence can set off a potentially unwarranted investigation and arrest. Also, there is a common mis­conception that the alleged victim can simply “drop the charges.” This is NOT the case. As an attorney well versed in such situations with extensive experience, I can assist you in charting a course through such difficult matters.

When Domestic Violence Claims Involve Spousal or Child Abuse Allegations

When many people think of domestic violence, they associate it with the idea of a passionate quarrel between a husband and wife or two people who have an intimate relationship. While spousal abuse is one type of abuse claim, domestic violence in the home could include physical, verbal, or psychological harm caused or threatened to be caused by cohabitants, children, parents, siblings, aunts and uncles, or even grandparents.

The Law Office of Wesley Schroeder is prepared to hear your side of the story when you have been accused of domestic violence. California judges and prosecutors take these claims very seriously, and an aggressive, experienced criminal defense attorney is your best option for attaining a positive outcome. Local Santa Clara County prosecutors will likely attempt to pursue the fullest punishment under California law, if you are charged with spousal or child abuse. The facts of your case will determine whether you are charged with a misdemeanor or a felony. In addition, your criminal history will be taken into consideration. Other facts considered to determine penalties:

• Were any restraining orders violated?
• Was probation or parole violated?
• Was the violence against a child or a dependent adult?
• Did the victim sustain any physical injuries?
• Was a weapon used?
• Was the defendant under the influence of drugs or  alcohol?
• Does the defendant have a criminal history of  violence?

Misdemeanor domestic violence penalties in California could include:

• Fines of $6,000 to $10,000 depending on previous record
• In addition, as much as $5,000 to be donated to a battered women’s shelter
• Payment to alleged victim for counseling and other services needed
• A restraining order, a protective order, and community service
• Mandatory counseling for one year with frequency determined by the court
• Up to three years probation
• Up to 1 year jail time

Felony charges are a different story. Felony child abuse charges could lead to as much as six years in jail. The penalty for Felony Domestic Violence is up to 4 years incarceration.

Contact Us

Enlist the advocacy of the San Jose criminal defense Law Firm of Wesley Schroeder today. We are ready to help you and your family pursue the best possible outcome in your case. We believe every case we take is as unique as each person we represent. Call (408) 277-­0377 or contact us online to schedule an appointment with our firm and let us get started on your case today. Our team of skilled professionals is ready to work expeditiously and discreetly to provide the highest quality representation.