Domestic Violence

Arguments between spouses, domestic partners, and others involved in a relationship may sometimes get out of hand. Emotions may run high, and harsh accusations may be made in the heat of the moment. If you have been arrested on a domestic violence charge, you have the right to seek counsel from a criminal defense lawyer who can guide you through the process. Seasoned San Bernardino and Riverside County domestic violence attorney Gregory H. Comings knows that many people who have been accused of a crime have their own side of the story to tell. He works hard to help his clients defend themselves to the fullest extent of the law.

The parties involved in a domestic violence matter have a particular relationship, such as a romantic partnership or a parent-child relationship. The State of California is often quite aggressive in pursuing a conviction, once an accusation of domestic violence has been made. If they are convicted, a defendant may face not only jail time (up to a year even in a misdemeanor case) but also the possibility of a protective order that restricts the defendant’s access to certain family members. The defendant may even be required to attend a 52-week anger management class in some cases. If they are convicted of felony domestic abuse, the potential consequences are even harsher and may include additional jail time, the loss of voting privileges, and the loss of the right to carry a firearm.

An experienced domestic violence lawyer can help Riverside County and San Bernardino defendants review the facts and circumstances of their arrest with an eye toward possible defenses. In addition to constitutional protections, such as the exclusion of illegally obtained evidence under the “fruit of the poisonous tree” doctrine, a careful review of your situation may reveal that a false accusation has been made, perhaps due to anger or an attempt to gain an advantage in a child custody contest. It may also be that a defendant acted out of self-defense due to actions taken by the alleged victim of the crime.

Unless the State of California is able to prove each and every element of the criminal offense with which the defendant is charged beyond a reasonable doubt, the defendant should be acquitted. Sometimes doubt may be raised by attacking the credibility of the prosecution’s witnesses or arguing that evidence to support a certain element of the crime is flimsy. Even if a charge is not dropped outright, it may be useful to work out a favorable plea agreement with the State’s attorney – a deal in which both sides agree to a compromise. The defendant may plead to a reduced charge, or the State may agree to a reduced sentence.

A criminal conviction for domestic violence may affect not only the defendant’s relationship with a significant other and any children but also their ability to find work in certain fields, and it may result in the embarrassment of needing to check the “yes” box on applications inquiring about a past criminal history. To talk to knowledgeable San Bernardino and Riverside County domestic violence lawyer Gregory H. Comings about ways that you may be able to defend yourself against pending charges, call us at 951-686-3457 or contact us online and ask for an appointment to discuss your case. He also represents people who need a drug crime lawyer or assistance in fighting charges of sex crimes, white collar offenses, or violent crimes outside the domestic violence context.