Monday, January 31, 2011

The Facts About Domestic Violence in Orange County

Domestic violence allegations in Orange County are not confined by economics or
geography. Whether you live in Santa Ana, Newport Beach, Fullerton or any other
town, if someone calls 911 reporting a spousal battery-type incident, and the police
arrive on your doorstop, it is almost guaranteed that someone will be arrested. If you
want a mediator DO NOT call the police. Call family or a friend.

Since the O.J. trial, the police will no longer try to moderate or even separate the parties
without arresting one. Who gets arrested? Usually the male, regardless of who called
911, the injuries or the allegations. Of course, it depends on the relationship, the
injuries, the sobriety of the parties and the statements, but let's face it - the female is the
stereotypical "victim" and the male will get arrested. In addition, when the police are
faced with a heterosexual couple, the male is larger and the police assume he is the
aggressor. Sometimes the police are wrong, mistakes are made, the female is really
the aggressor and someone is wrongly arrested and charged with a crime.

Domestic violence is a serious charge with long-lasting consequences: 1) restraining
orders may be issued so that you cannot see your family or live in your house; 2) you
may remain in jail and sentenced to additional jail or prison time; 3) a year-long costly
and timely class may be imposed; 4) you may lose your constitutional right to bear
arms; 5) you may lose your right to vote; 5) you may be labeled as a "wife beater" and
have a criminal record. These serious consequences require that you take serious
action.

If you have not been contacted by the police, do not speak to them without consulting
with an attorney. Remember you have the right to remain silent and what you say may
(WILL) be used against you - invoke your right and remain silent. If you have already
been arrested or your loved one is still in jail, contact a lawyer to help you. The sooner
you speak to a Orange County criminal defense attorney the sooner you can start
preserving evidence and preparing your defense.

Domestic violence allegations range from a simple push (Penal Code section 243(e)(b),
or threat (Penal Code section 422 misd) to the more serious allegations of injury (Penal
Code section 273.5 and 245) or threats of murder (422 fel) or murder or attempted
murder (Penal Code 187) plus a whole range of charges in-between.

Regardless of the charge, if arrested you will sit an Orange County jail unless you post
bail. You will have many court hearings ahead of you such as the Arraignment, possibly
a Bail Hearing (if you are not able to post bail), pretrial conferences, a preliminary
hearing (if charged with a felony), and further arraignments, pretrials and then ultimately
a jury trial if the case does not resolve. In order to fight for the best possible outcome
or an acquittal you need to hire an experienced Orange County criminal defense
attorney.

1 comment:

  1. Hello all,

    Domestic violence charges can be extremely serious. In fact, it is known as a “wobbler,” meaning that the offense can be charged as a misdemeanor. It is very important that you have the best possible protection when you are up against any severity of domestic abuse charges.
    Thanks for sharing it.......
    Criminal Defense Lawyer

    ReplyDelete