How a Domestic Violence Lawyer Can Help
If you’ve been accused of domestic violence charges in Berkeley, hiring an experienced Berkeley domestic violence lawyer is critical to protecting your future. A conviction can lead to jail time, steep fines, and a permanent criminal record. The right criminal defense lawyer for domestic abuse cases can safeguard your rights, build a strong defense, and work to secure the best possible outcome.
Here’s why you need a top criminal defense lawyer:
Protecting Your Rights from Day One
As the accused, you have important legal rights. At Morris Defense, Seth Morris has dedicated his career to defending those rights and ensuring every client is treated fairly in court. He will explain the charges you’re facing, outline your legal options, and fight to have your case dismissed whenever possible.
Reducing or Avoiding Criminal Penalties
A skilled Berkeley domestic abuse attorney will carefully analyze your case to identify opportunities for reduced charges or alternative resolutions. This may include negotiating entry into a pre-trial diversion program or filing motions to suppress illegally obtained evidence before trial.
Building a Strong, Evidence-Based Defense
In domestic violence cases, quick action is key. Your criminal defense lawyer for domestic abuse will gather critical evidence, such as witness statements, text and email records, and forensic findings, to present a compelling case that supports your version of events and challenges the prosecution’s claims.
Seth went to bat for our family and got the best possible outcome.
Morris Law Defends Against All Domestic Violence Charges
If you face domestic violence charges in Berkeley, it’s important to understand the specific offenses you could be accused of under California law. A knowledgeable Berkeley domestic violence lawyer can help you navigate these complex statutes and build a strong defense tailored to your case.
Common charges related to domestic abuse and violence include:
Child Neglect
Under California Penal Code § 270, you can face child neglect charges if you are accused of failing to provide your child with the necessities, such as food, shelter, water, or medical care.
Domestic Battery
Under California Penal Code § 243(e)(1), inflicting force or violence on someone who is considered an intimate partner is grounds for domestic battery charges.
Child Abuse
Under California Penal Code § 273d, child abuse is defined as using corporal punishment to injure a child. This does not include reasonable use of force to discipline your children.
Stalking
Under California Penal Code § 646.9, stalking includes threatening or harassing another person to the point that they fear for their safety or the safety of their family.
Spousal Abuse
Under California Penal Code § 273.5, inflicting “corporal injury“ to a spouse or cohabitant in a physical manner is illegal and can result in domestic violence charges.
Elder Abuse
Under California Penal Code § 368, you can face domestic violence charges for elder abuse in cases of neglect, financial fraud, endangerment, physical abuse, sexual abuse, or emotional abuse.
Child Endangerment
Under California Penal Code § 273a, willfully allowing a child to suffer harm or endanger their health or safety is grounds for criminal child endangerment charges.
Criminal Threats
Under California Penal Code § 422, threatening someone with serious harm is a criminal offense that could be charged as a felony or a misdemeanor.
Damaging a Telephone Line
Under California Penal Code § 591, you can face criminal charges for cutting or otherwise damaging a phone line or someone’s telephone equipment.
Aggravated Trespass
Under California Penal Code § 601, this involves making a criminal threat and entering a person’s work or home within the next thirty days to carry out that threat.
Posting Harmful Information Online
Under California Penal Code § 653.2, posting or otherwise communicating harmful information about another person with the intent of harassing them is grounds for criminal charges.
Revenge Porn
Under California Penal Code § 647(j)(4), revenge porn is a type of cyber harassment that occurs when someone intentionally distributes sexual photos of another person without their permission with the intent of causing that person significant emotional distress.
Domestic Violence Penalties in Berkeley, CA
Most domestic violence crimes in Berkeley are considered “wobbler offenses,” meaning they can be charged as either misdemeanors or felonies depending on the specifics of your case. Several factors—such as lack of remorse, prior criminal history, or involvement of a child—can increase the severity of your penalties.
Misdemeanor Domestic Violence Penalties
A misdemeanor domestic violence conviction in Berkeley may result in up to one year in county jail and fines reaching $2,000.
Felony Domestic Violence Penalties
Felony domestic violence charges carry harsher consequences, including up to three years in state prison and fines as high as $10,000.
California’s “Three Strikes” Law and Sentence Enhancements
You may also be facing additional sentence enhancements if you have previous felony convictions on your record. California’s “Three Strikes” law could impose extra prison time of as much as twenty-five years to life, depending on your prior criminal history.
Probation as an Alternative to Jail or Prison
In some Berkeley domestic violence cases, especially for first-time offenders or when the victim was not seriously injured, your Berkeley domestic violence attorney may negotiate to reduce your sentence to probation. Probation requirements can include:
- Random drug or alcohol testing
- Securing and maintaining employment
- Meeting residency and housing guidelines
- Regular meetings with your probation officer
- Allowing random home searches
- Adhering to a strict curfew
In domestic violence cases, Alameda County judges reserve the right to impose a minimum thirty-day jail sentence whether the defendant is a first-time offender or is facing misdemeanor charges.
Additional Penalties for Domestic Violence Convictions
If convicted, you may face further penalties such as:
- Mandatory participation in a batterers’ intervention program
- Paying restitution to victims or domestic violence funds
- Sex offender registration (in some cases)
- Court-ordered anger management courses
- Substance abuse rehabilitation
- Loss of child custody rights under California Family Code § 3044
- Loss of firearm ownership rights under California Penal Code § 29805
- Restraining orders limiting your contact with victims
- Possible impacts on citizenship or immigration status
The Long-Term Impact of a Domestic Violence Conviction
A domestic violence conviction in Berkeley will remain on your permanent criminal record under California law. This can affect your ability to find employment, secure housing, and access other essential services that require background checks.
Local Police Departments & Courthouses in Berkeley
If you are accused of domestic violence in Berkley, you may be processed through local law enforcement or courts, including:
University of California Police Department, Berkeley
1 Sproul Hall
Berkeley, CA 94720
Berkeley Police Department
2100 Martin Luther King Jr Way
Berkeley, CA 94704
Alameda County Berkeley Courthouse
2120 Martin Luther King Jr Way
Berkeley, CA 94704
If you face domestic violence charges in Berkeley, an experienced Berkeley domestic violence attorney can help you understand your penalties, protect your rights, and work toward the best possible outcome.
California Domestic Violence Laws
Under California Penal Code § 13700, domestic violence is abuse committed against someone who is considered an intimate partner. Abuse can occur intentionally or recklessly and threatens the use of physical force against their partner.
How Does the Law Define an Intimate Partner?
The statute defines an intimate partner as someone who has a close intimate relationship with the defendant. This might include:- Current or former fiancés
- Current or former cohabitants
- Current or former spouses
- Current or former registered domestic partners
- Anyone who the defendant has children with
- Anyone the defendant was in a relationship with or dating
How Berkeley, CA Restraining Orders Work
Under California’s law, a restraining order is designed to prevent the defendant from stalking, abusing, threatening, or harassing an intimate partner. The intimate partner is considered the protected person in the case.
How Long Does a Restraining Order Last?
If a restraining order is issued against you, it has the potential to remain in effect for a maximum of five years. In many cases, restraining orders will only be in effect for days or months at a time.
What Happens if a Restraining Order is Violated?
Violating the terms of a restraining order is a criminal offense under California Penal Code § 273.6. This is a misdemeanor offense punishable by a maximum fine of $1,000 and imprisonment in county jail for up to one year.
Consequences of a Restraining Order
It should also be noted that if a restraining order has been taken out against you, you may be prohibited from owning, purchasing, or possessing a firearm. A violation of these gun laws is also a criminal offense under California Penal Code § 29825.
Common Domestic Violence Defenses in Berkeley, CA
To avoid the serious consequences of a domestic violence conviction in Berkeley, you need a skilled Berkeley domestic violence lawyer who can present a compelling defense tailored to your case. Several common defenses have helped clients secure acquittals or reduced charges in Berkeley domestic violence cases, including:
Acting in Self-Defense
One of the strongest defenses in Berkeley domestic violence cases is proving you acted in self-defense or to protect your children. This defense applies if you reasonably believed that you or someone else faced imminent danger and used necessary force to prevent harm. However, the force used must be proportionate to the threat faced to be successful in court.
False Allegations of Domeintentstic Violence
False accusations often arise from relationship conflicts such as jealousy, anger, divorce, breakup, or child custody disputes. An experienced Berkeley domestic abuse attorney can investigate the circumstances thoroughly to expose any false or misleading claims made against you.
Injuries Caused Accidentally
In some cases, injuries may have been the result of an accident or unintentional actions rather than intentional harm. Your Berkeley domestic violence lawyer will gather evidence and eyewitness accounts to support your version of events and demonstrate that no criminal intent was present.
If you are facing domestic violence charges in Berkeley, consulting a knowledgeable Berkeley domestic violence defense lawyer is crucial. Early legal guidance can make a significant difference in protecting your rights and building a strong defense strategy.