Fresno Criminal Defense Attorney | Fresno DUI Attorney Serving all of California

        Avvo
Call for a free case evaluation.
559.441.1418

Contact Us

Send us a quick email

Please type your full name.
Invalid email address.
Invalid Input
Invalid Input
Enter Code
Invalid Input

If you or a loved one has been arrested or prosecuted for Domestic Violence you will have many quesitons regarding the case.  You need to seek legal advice from an experienced Attorney.  With more than 17 years of experience more than 50 Felony Jury trials, and as a former Probation Officer, Deputy District Attorney I have the experience to help you.  If you have questions regarding your case after reading this article please do not hesitate to give us a call at 559-441-1418. 

WHAT DOES A PROSECUTOR HAVE TO PROVE TO CONVICT ME OF MISDEMEANOR DOMESTIC VIOLENCE 273.5?

The following are the elements that a prosecutor would have to prove to convict you of Misdemeanor Domestic Violence.  

     1. Defendant Willfully inflicted coporeal injury on victim.  

     2. Victim was either: 

Defendants spouse or former spouse

Person with whom he or she was cohabitating with

Fiance or Fiancee or someoene with whom the offender has, or previously had an engagement or dating relationship 

the mother or father of his or her child

      3. Corporeal injury resulted in a traumatic condition. 

DEFENSES 

The following are just a few of the possible defenses to this charge. 

FALSE ALLEGATION

The allegation against you was false there are sometimes people that will call the police simply because they are mad or upset at the other person.  And sometimes those people will actually make up  a story to get somoene else in trouble. 

DOES NOT MEET THE ELEMENTS OF THE CRIME

This means that one of the elements listed above is not met.  In other words there has not been a crime committed. 

SELF DEFENSE

The defense of Self Defense is always available to someoene that has been accused of a crime.  Sometimes people are attacked by others and protect themselved and in doing so create a traumatic condition in someone else. This would be a classisc case of self defense.  

The prosecution has the burden of proof on all the above elements.  The posecution will look for pictures the body cam statements by the officers and see if there is any evidence to back up the claim of domestic violence.  

WHAT ARE THE PENALTIES FOR MISDEMEEANOR DOMESTIC VIOLENCE?

In a Misdemeanor domestic violence case the penalties can be severe.  If you are convicted then you could recieve 364 days in jail and fines as well as a 52 week domestic violence treatment program.  Also your gun rights could be affected for life.  For any violence Misdemeanor the length of time for loss of gun rights is up to 10 years.  However, for Domestic Violence cases when you go to purchase a handgun you can be denied that right for life.  Even if you  plead to a non domestic violence charge, for example you originally were arrested for Misdemenaor Domestic Violence but pled to a different charge under the Penal Code.  In that case your gun rights could still be taken away for life. The reason is when you go to purchase a firearm there will a criminal background check done.  If you come back with an arrest or conviction for Domestic Violence or plea bargain to get away from the Domestic Violence charge your gun rights will still be affected.  

Many people do not understand that even if they are not ordered to complete a 52 batterer treatment class they could still be kept from owning firearms under federal law.  Even worse if you are caught with a fierearm after the 10 year statute under state law you could still be prosecuted under the federal law. This could be lead to a prosectuon in Federal Court.  as you can see this area of the law is complex and you may have questions give us a call 559-441-1418. 

 

 

Schwab photo

Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

Schedule a Free
Case Evaluation

Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
View Map
Phone: 559.441.1418 
Website: