Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Domestic violence charges carry a serious stigma on a criminal record.
If you are charged with a common domestic abuse offense such as Penal Code 243(e)(1) PC domestic battery or Penal Code 273.5 PC corporal injury on a spouse, you and your attorney may want to consider trying to negotiate a plea bargain to another offense–one that will be less of a red flag to future employers and romantic partners (and may carry lighter penalties as well).
For example, Penal Code 591 PC damaging a telephone line is sometimes charged in domestic violence situations.
This offense can be charged as a felony or a misdemeanor–which means it carries similar penalties to corporal injury on a spouse and potentially more severe penalties than domestic battery. But it doesn’t look quite as bad on a criminal record as one of those offenses. If the prosecutor agrees to charge PC 591 damaging a telephone line as a misdemeanor, it can be a very advantageous charge reduction from a more conventional domestic violence offense.
Another reduced charge to consider is Penal Code 601 PC aggravated trespass. This crime is charged against people who threaten another person’s safety and then unlawfully enter that person’s home or workplace intending to make good on the threat.
In domestic violence situations, there are often allegations that support a charge of aggravated trespass. But someone who is not familiar with the legal definition of aggravated trespass will not necessarily know what the offense entails, which means it is less of a black mark on your record.
Aggravated trespass can be charged as either a felony or a misdemeanor–and it makes the most sense to try to negotiate for it to be charged as a misdemeanor. (Read about Shouse Law Group winning a “not guilty” verdict in a recent California “domestic violence” case. Also read our article about the connection between domestic violence and criminal threats in California.)
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Know that there are several legal defenses that an accused can raise to beat, or reduce, a charge of domestic violence. Some of these include: the alleged victim’s injury was the result of an accident, the alleged victim’s injuries did not result from the defendant’s actions, the defendant was acting in self-defense or in defense ...
Battery domestic violence is set out in NRS 33.018 and NRS 200.48. It is defined as willfully and unlawfully committing an act of force or violence upon: A spouse Former spouse Someone you date or used to date Someone with whom you vave a child in common A minor child of any of the above ...
The legal definition of domestic battery is (1) any willful and unlawful touching, (2) that is harmful or offensive and (3) is committed against an intimate partner. Examples of this kind of domestic violence include: Lisa pushes her boyfriend during a fight. Marcos, feeling frustrated with his ex-wife, grabs her shirt and rips it. Candice is ...
Sometimes. Know that Nevada law specifically prohibits prosecutors from reducing or dismissing a charge of battery domestic violence (BDV) unless either: The prosecutor knows that the BDV charge is not supported by probable cause or cannot be proved at trial; or It is obvious that the BDV charge is not supported by probable cause or ...