If you are facing a domestic violence allegation, the first thing you will want to do is seek clarity on the severity of the charge. Most domestic violence charges in California fall under Penal Code 243(e)(1), which is a misdemeanor charge. However, depending on the details of your case, your charge may classify as a felony. Receive a thorough and honest evaluation with one of the lawyers at Ernenwein & Mathes, LLP.
For more than 60 years, our attorneys have provided professional legal counsel to Californians. No matter how complex your case may seem, you have options. You can rely on our lawyers to identify the best possible options for a resolution in your domestic violence case.
In a domestic violence case, the prosecution must prove certain elements when it charges you. Those elements differentiate criminal battery and assault and domestic violence. The elements include proving that the person who accused you is:
In addition, the prosecution must prove that you willfully and unlawfully used force or violence against the other person. There are different penal codes that address the severity of violence, and each entails a different outcome if convicted.
Discuss the details of your case with our experienced board-certified criminal defense lawyer.
Yes, under certain circumstances, you can have a domestic violence charge or conviction expunged from your record. Typically, these are misdemeanor cases that do not include sexual assault or violence perpetrated on minors. If the case is a felony, you would need to get it reduced to a misdemeanor before you can have it expunged. Also, if you did not follow the terms of your probation or if you have additional convictions on your record, you could be denied an expungement.
It is possible to be denied employment with any violent crime charge or conviction on your record. While it depends on the type of employment, you may be unable to get certain jobs requiring a professional license or a job working with vulnerable populations such as children or the elderly.
Domestic violence can be charged as a misdemeanor or felony, depending on the circumstances. It is most often a misdemeanor unless any of the following apply:
A minor suffered injury or sexual assault
An adult suffered serious injury or was sexually assaulted
The defendant has previous convictions for domestic assault or additional crimes
You may be able to get charges expunged if they were dropped or you were found not guilty. However, the expungement process is complex, so it is best to work with a lawyer.
A conviction of domestic violence will affect your ability to own firearms and can begin soon after the charges are filed. The judge may require that the person facing charges cannot possess, own or use a firearm. If the defendant is convicted, California state law prohibits them from gun use or ownership for ten years. However, federal law may result in a ban on firearms for the rest of your life. This can be a confusing issue that is best discussed with an attorney.
There are many defenses that can be raised in response to a domestic violence charge. The most common include:
If you have been accused of domestic violence, it is important to consult with an experienced criminal defense attorney to determine which defenses may be applicable in your case. An attorney can also help you learn more about the criminal justice system and protect your rights.
If you’ve been accused of domestic violence, it is important to understand the process so that you can be prepared for what’s to come. The process will vary depending on the jurisdiction, but some general steps are typically followed.
If you are considering expungement for domestic violence charges or convictions, it is a good idea to consult an attorney first. These cases are complex and you do not want to make a mistake in the process that hurts your chances. Speak with us today.
The potential penalties for a domestic violence conviction exceed fines and jail time. The allegation itself can negatively impact your career, your reputation and your peace of mind. A conviction can limit or take away freedoms that the Constitution entitles you to. Contact one of our criminal defense attorneys to discuss your case.
Our lawyers combined have practiced criminal law for more than 60 years. Robert Ernenwein is a former Los Angeles deputy district attorney, and he will utilize his knowledge of how the prosecution works to identify your best possible solutions. At Ernenwein & Mathes, LLP, we provide clients with the aggressive criminal defense their case needs. You can rely on us to fight for your freedom as if we were at risk of losing our own.
Domestic violence cases can be emotionally taxing. When children are involved in this type of allegation, as a parent you could be at risk of losing parental rights or custody. The court will likely issue a criminal protective order forbidding you from having contact with your loved ones, and you will be at risk of losing your ability to own or purchase a firearm. In addition, your reputation as an employee or employer can be at stake due to the allegation. Other legal penalties will vary depending on the severity of the charge.
The three common penal codes for domestic violence include CA Penal Code 243(e)(1), which is a misdemeanor; CA Penal Code 243(d); and CA Penal Code 273.5, which is a felony.
While a criminal defense attorney can advocate for alternative probation sentencing for a misdemeanor, the prosecution can pursue additional penalties. Our criminal defense attorneys are ready to prepare a solid defense to defend your rights.
Our lawyers at Ernenwein & Mathes, LLP, will aggressively defend your freedom and protect your rights. We will provide you with professional legal guidance to direct you toward a positive resolution for your domestic violence charge.
Contact one of our attorneys for your honest case evaluation. Call 310-375-5858 for your free consultation at our Torrance office. You can also contact us online.
As bad as a misdemeanor conviction is, a felony 136.1 conviction is even worse. A felony conviction could lead to 16 months to four years in a California state prison and up to a $10,000 fine. Given these extremely harsh potential consequences, wouldn’t you want only the most aggressive, knowledgeable and experienced criminal defense counsel on your side?
To be convicted of violating California Penal Code Section 136.1, witness intimidation, the prosecutor must show:
A witness is someone (or a person whom you reasonably believe to be someone) who:
The person you are accused of having dissuaded may have had nothing to do with the facts of the alleged case. For example, suppose Jan is accused of having killed Marcia in a fit of rage. Greg, who is unaware of the killing, is approached by Jan, who tells him “not to say anything.” Greg has no idea what she is talking about. The police then arrest Jan on suspicion of Marcia’s murder and subpoena Greg as a character witness regarding Jan’s jealousy of Marcia.
Jan’s Torrance criminal defense lawyer can probably successfully argue that she did not reasonably believe Greg would be a witness because he did not know about the crime.
Based on the circumstances of your case, our Torrance attorneys may be able to argue that your communication or interaction with the alleged witness was not intended to prevent that person from testifying or otherwise cooperating with an investigation or prosecution.
Often, witness intimidation cases arise out of interpersonal disputes between spouses or romantic partners (domestic violence), assault cases or some other situation where the complaining witness may have a grudge against the defendant (i.e., some other motive to lie). The resentful mind of a complaining witness can be the breeding ground for a miscarriage of justice where the defendant is falsely accused. We will investigate the source of the accusation and verify its genuineness. Our Torrance criminal defense lawyers will fight aggressively and unrelentingly to protect you against a false accusation of witness intimidation.
We are experienced Torrance criminal defense lawyers and will use all available defenses to protect you against a conviction. We have over 60 combined years of experience defending people accused of witness intimidation and other crimes.
Robert Ernenwein is a former Los Angeles deputy district attorney, so we know how the prosecution operates.
Robert Ernenwein is also certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. He has been selected for inclusion in California Super Lawyers for several years and has appeared as a legal analyst on multiple cable news programs, including Fox News.
If you are charged with witness intimidation, call us at 310-375-5858 or email us immediately for a free consultation. Our office is conveniently located minutes away from the Torrance Courthouse, and we represent clients there on a daily basis, as well as in other courts throughout Southern California.
Our firm focuses on providing solutions for Californians facing criminal charges. We will provide you with an aggressive defense and a creative strategy to reach the best possible resolution. Protect your freedom with our board-certified criminal defense attorney at Ernenwein & Mathes, LLP.
Call our Torrance office at 310-375-5858 or you can request your appointment by completing this online contact form.