East Bay Domestic Violence Lawyer

Morris Law is an East Bay criminal defense firm serving Alameda County — Oakland, Berkeley, Emeryville, Alameda, Piedmont, Albany, and surrounding communities. Call (510) 330-0814 for a free case review of your domestic violence case. Domestic Violence in California is governed by California Penal Code §273.5 (corporal injury) and §243(e)(1) (domestic battery). We have two East Bay offices — Oakland (2744 E 11th St · 510-824-8831) and Berkeley (2025 Rose St #200 · 510-350-3225) — and our attorneys appear in Alameda County Superior Court every week. Seth Morris spent years as a Deputy Public Defender in those exact courthouses.

What is domestic violence under California law?

California domestic violence crimes are prosecuted primarily under Penal Code §273.5 (corporal injury to a spouse or cohabitant — a wobbler with up to 4 years state prison) and Penal Code §243(e)(1) (domestic battery — a misdemeanor with up to 1 year jail). Both trigger a Criminal Protective Order (CPO) under PC §136.2, a 10-year firearm ban under PC §29805, a lifetime federal firearm ban under 18 U.S.C. §922(g)(9), and a rebuttable child-custody presumption against the defendant under Family Code §3044.

Penalties for domestic violence in California

Penalties vary sharply by specific statute, degree, and prior record. Here are the primary ranges we see in California cases:

• PC §273.5 misdemeanor: up to 1 year county jail; $6,000 fine
• PC §273.5 felony: 2, 3, or 4 years state prison; $6,000 fine
• PC §243(e)(1) domestic battery: up to 1 year county jail; $2,000 fine
• PC §273a child endangerment: misdemeanor 1 year, or felony 2, 4, or 6 years
• PC §646.9 stalking: wobbler up to 5 years state prison
• Mandatory 52-week batterer’s program under PC §1203.097
• PC §29805 10-year California firearm ban; lifetime federal ban under 18 U.S.C. §922(g)(9)
• Family Code §3044 rebuttable custody presumption against defendant

Collateral consequences — professional licensing, immigration status, firearm rights, and future employment — often exceed the direct sentence. We assess collateral exposure at the start of every case.

How Morris Law defends domestic violence cases

Every case is different, but the defense strategies below are the ones that most often produce dismissals, reductions, and acquittals:

• Self-defense under PC §198 — reasonable belief in imminent threat with proportional force is a complete defense.
• False accusation — DV allegations are common in custody and divorce disputes. Motive-to-fabricate is investigated.
• Accidental injury — PC §273.5 requires willful infliction of a traumatic condition. Falls, restraints, or mutual scuffles may not meet the statute.
• Recanting witnesses — many DV cases proceed despite recantation. We cross-examine responding officers and challenge Evidence Code §1370 admissions.
• Crawford / Confrontation Clause challenges — statements at the scene may be testimonial and inadmissible if the accuser will not testify.
• Diversion under PC §1001.95 — first-time misdemeanor offenders may qualify for judicial diversion ending in dismissal.
• PC §17(b) reduction — felony wobbler reduced to misdemeanor at preliminary hearing, sentencing, or post-probation.

What to do if you are arrested for domestic violence in California

Wherever you were arrested — Oakland Police, Berkeley Police, CHP, BART Police, or a county Sheriff — take these steps immediately:

1. Invoke your right to counsel. Under Miranda v. Arizona, you must clearly say you want a lawyer, then stop talking.
2. Do not consent to a search. Officers need a warrant, probable cause, or your consent. Refuse politely.
3. Call Morris Law at (510) 330-0814. Our firm-wide line answers 24 hours a day.
4. Preserve evidence. Photograph injuries or damage. Note officers’ names, badge numbers, and witnesses.
5. Stay off social media and jail phones. Both are recorded and admissible.
6. Write down your account for your attorney. Record events while fresh.

Why California residents choose Morris Law for domestic violence defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. What we bring to every case:

• Seth Morris was a Deputy Public Defender in Alameda County. He defended clients at the Wiley W. Manuel and René C. Davidson courthouses regularly.
• More than 25 jury trials, including life-in-prison exposure cases.
• Federal recognition on police body cameras and 4th Amendment. President Obama’s Task Force on 21st Century Policing contributor.
• Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC, NBC Bay Area, KQED, KALW.
• Two East Bay offices. Oakland (2744 E 11th St · East Oakland) and Berkeley (2025 Rose St #200 · North Berkeley).
• 24/7 phone access at (510) 330-0814.
• Clear, plain-language updates. No jargon.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

Where we defend domestic violence cases

Two East Bay offices, one firm. Cases across the Bay Area and California — including federal cases in the Northern District.

How domestic violence cases move through California courts

Domestic Violence defense in California — Frequently Asked Questions

Will the California case be dropped if my partner does not want to press charges?

Not automatically. The Alameda County District Attorney — not the alleged victim — decides whether to file or dismiss charges. Prosecutors often proceed over the alleged victim’s objection. A recanting accuser affects case strength but does not end it.

Will an California DV misdemeanor conviction take away my gun rights?

Yes. Federal law (18 U.S.C. §922(g)(9), the Lautenberg Amendment) imposes a lifetime firearm ban for any misdemeanor ‘crime of domestic violence.’ California adds a 10-year ban under PC §29805.

What is the difference between PC 273.5 and PC 243(e)(1)?

PC §273.5 (corporal injury) requires a traumatic injury — wobbler with up to 4 years state prison as a felony. PC §243(e)(1) (domestic battery) covers unwanted touching of a partner without injury — misdemeanor with up to 1 year jail.

Where does Morris Law have offices?

Morris Law has two offices in the East Bay. The Oakland office is at 2744 E 11th St, Oakland, CA 94601 — (510) 824-8831. The Berkeley office is at 2025 Rose St #200, Berkeley, CA 94709 — (510) 350-3225. The firm-wide line is (510) 330-0814, available 24/7.

Who is Seth Morris?

Seth Morris founded Morris Law in 2021. He earned his JD at UC Berkeley School of Law in 2006, served as a Deputy Public Defender in Alameda County, and has tried more than 25 jury trials — including cases with life-in-prison exposure. He helped develop the national Body Camera Toolkit for President Obama’s Task Force on 21st Century Policing.

How quickly can I meet with a California criminal defense lawyer?

Same day, in most cases. The firm-wide line is (510) 330-0814, answered 24 hours a day. If you or a family member has been booked at Glenn E. Dyer Detention Facility, Santa Rita Jail, or Berkeley Police Department, we can arrange contact within hours from either office.

Get a free domestic violence case review

Talk to a California criminal defense lawyer today. Call (510) 330-0814 — our firm-wide line, answered 24 hours a day. Or contact either office directly: Oakland at (510) 824-8831, Berkeley at (510) 350-3225.

Schedule Your Free Consultation

Related pages

• Oakland domestic violence defense — Oakland office overview
• Berkeley domestic violence defense — Berkeley office overview
• Morris Law Oakland office
• Morris Law Berkeley office
• All California criminal defense practice areas
• Contact our Oakland office
• Contact our Berkeley office

Official government resources

• Alameda County Superior Court — official website
• California Legislative Information — full statute text
• Oakland Police Department — official website
• Berkeley Police Department — official website