Fresno Domestic Violence Defense Lawyers
California Domestic Violence Laws
At Wapner Jones, PC, we understand both the social and legal obstacles associated with charges of domestic violence and have a proven track record of helping the accused to defend their rights. If you have been charged with domestic violence, contact our Fresno criminal defense attorneys and put more than five decades of experience to work for you.
What sets our Fresno criminal attorneys apart?
- Inclusion in the National Trial Lawyers: Top 100 in California
- Former prosecutors in your corner
- “Superb” Rating by Avvo (Attorney Wapner)
Charged with domestic violence? Learn about your options in a free consultation.
What Constitutes Domestic Violence?
In California, domestic violence is defined by the relationship between an abuser and a victim as well as the type of behavior which occurs. Domestic violence is separated from crimes such as assault and battery in that it takes place when an instigator acts against a person with whom they share an intimate or familial relationship. This can refer to numerous types of associations including former partners, spouses, individuals who share a child, and those who are related by blood.
Abuse can come in many forms and is not just limited to physical violence, as some might assume. Actions which cause the victim to fear for their physical safety or seek to control a victim may be considered abuse. This can include, but is not limited to verbal threats such as harassment, stalking, or threatening violence. The circumstantial nature of charges for abuse demands the attention of an experienced attorney. If you have questions about the specific events of your case, do not hesitate to contact our firm.
Criminal and Civil Charges
As domestic violence is a serious criminal offense, it is the state that will pursue charges. This means that even if the alleged victim does not wish to take legal action, a court case can still proceed. It is possible for the prosecution to secure a conviction without the testimony or cooperation of the victim. Photographic evidence, reports from the responding police officers, and any available bystander testimony can become the basis for a court case against the defendant. In some cases, a prosecutor can use evidence such as recanted testimony by the victim or the initial call to 911.
A defendant may also be facing civil charges, brought by a victim who is seeking damages. A civil case is a separate legal entity and can proceed even if a defendant is found to be not guilty of criminal charges. It is important to understand that civil trials have a lower burden of proof and it only must be proven that the events in question were more likely than not to have occurred.
What are the Penalties for Domestic Violence?
Have you been accused of domestic violence? If convicted, you could be facing civil and criminal punishments such as time in jail, substantial fines, and the issuance of a restraining order. Furthermore, there is a social stigma surrounding violent crimes and an accusation alone has the potential to damage a person’s reputation.
Former Prosecutors Defending Your Rights
At Wapner Jones, P.C., we understand that being charged with a crime can be a complex and confusing situation. Between the prospect of spending time in jail and a restraining order keeping you from your family, it can be difficult to know what you are supposed to do. You are not alone in this trial and our Fresno criminal attorneys can help you to navigate and overcome the hurdles ahead. Both of our lead attorneys are former prosecutors who can draw from their knowledge of how the prosecution thinks to maximize the success of your defense.
Call (559) 257-4707 and speak to an attorney about your case today.