Domestic Violence Lawyer San Jose
Facing domestic violence charges in San Jose can have serious consequences, impacting your career, reputation, and future. A conviction can lead to job loss, professional license suspension, and more. At Knight Law, we understand the unique challenges individuals face when accused of domestic violence. Former prosecutor Nana Knight, a California Bar Board Certified Specialist in Criminal Law, offers extensive experience in domestic violence cases, providing a strategic defense tailored to protect your future. We use our insight to challenge the evidence, question the credibility of accusations, and negotiate favorable outcomes. Don’t let a domestic violence charge jeopardize your livelihood. Call Knight Law now for a free case evaluation and take the first step in protecting your rights.
Defining Domestic Violence in California
In California, domestic violence charges are typically prosecuted under Penal Code section 273.5, which is known as “Infliction of Corporal Injury on a Spouse or Cohabitant.” This law makes it a crime to willfully inflict bodily injury on a spouse, former spouse, cohabitant, or partner in a dating relationship. A domestic violence count under Penal Code section 273.5 is considered a “wobbler,” which means that it may be charged as a felony or as a misdemeanor.
What Do Domestic Violence Charges Cover?
Penal Code section 273.5 covers a wide range of behaviors, including physical violence, threats of harm, and other forms of abuse, including strangulation. The law requires that the prosecution prove the existence of a “traumatic condition” on the alleged victim as a result of the abuse. “Traumatic condition” simply means a wound or other bodily injury whether minor or serious, caused by physical force. A domestic violence case often includes charges for assault and battery, criminal threats, false imprisonment, child abuse, trespassing, witness intimidation, violations of no contact orders, sexual assault and stalking.
What Are the Penalties for a Domestic Violence Conviction?
Felony domestic violence charges under Penal Code section 273.5 can result in severe penalties, including fines, probation, loss of the right to own a firearm, loss of a professional license, mandatory counseling, and imprisonment in state prison for 2, 3 or 4 years. A misdemeanor domestic violence charge under Penal Code section 273.5 on the other hand, carries a county jail term of up to 1 year, and a fine of up to $6000.
It is important to take these charges seriously and seek legal representation to defend against them effectively. A defense attorney who was former prosecutor with specialized experience in domestic violence prosecutions can be very effective in defending you against domestic violence charges.
How Is a Domestic Violence Case Investigated and Prosecuted?
Very frequently, a domestic violence case begins with 911 call and the police responding to the scene to investigate a “domestic incident.” After police respond, they separate the witnesses and question them separately. During the call, the police usually determine who the alleged perpetrator or dominant aggressor is and arrest that person. Bystanders and neighbors may be contacted and interviewed for additional corroboration and evidence. Police officers may examine the alleged victim for injuries and take photographs to document the injuries. The police officers usually have body cameras on when they are speaking with witnesses, including the alleged victim and perpetrator. They record the statements with the body cameras and if the alleged victim is not available to testify at trial, the prosecutor has the option to play parts of the body camera footage for the jury or judge, assuming the prosecutor is able to establish the evidentiary foundation to be able to do so.
Once the police make the arrest, they submit the police report to the District Attorney’s Office for filing. The assigned deputy district attorney may conduct additional investigation and request other evidence, such as medical records, social media or text messages. The medical records are often used to prove up injuries on the alleged victim. The text messages between the alleged victim and the alleged perpetrator may show evidence of prior threats. At trial, the prosecutor may attempt to play the 911 call for the judge or jury to prove that the domestic violence occurred.
Building a Defense Against Domestic Violence Charges
In many cases, complicated issues lead up to someone’s arrest for domestic violence. For example, alcohol or drug abuse, mental health issues, marital strife and disagreements, such as divorce or custody disputes, financial stress, loss of employment, infidelity and even lack of maturity in certain situations can exacerbate the situation. It is important to account for all these factors and incorporate these considerations when building a defense.
Contrary to what some people believe, a prosecutor does not always “drop charges” in a domestic violence case when the alleged victim is uncooperative. There are many reasons as to why an alleged victim in a domestic violence case would not want to participate in the court proceeding. Alleged victims frequently do not want to testify against their significant other because they do not want to see their significant other get convicted, go to jail, and lose their job. Prosecutors are trained to deal with these situations, and they do not automatically dismiss a case because of the victim’s failure to cooperate with the prosecution. Sometimes, prosecutors move forward with the case without testimony from the alleged victim and try to prove the case beyond a reasonable doubt with 911 calls, medical records, body camera footage, independent witnesses and even jail calls.
What Type of Defense Attorney Is Best In a Domestic Violence Case?
Nana Knight is a former domestic violence prosecutor with vast experience in the field of domestic violence. She has handled hundreds of domestic violence cases and taught other prosecutors on domestic violence prosecutions. She has written and published material on this topic. Her unique perspective, experience on both sides combined with her exceptional domestic violence case management skills and zealous advocacy will help you set up the best strategy to tackle these charges.
If you have been arrested or charged with domestic violence, Knight Law will react fast, and diligently collect evidence to best defend you against charges of domestic violence. Creating a defense strategy early on is important and it includes collecting witness statements, digital evidence, or proof of divorce or custody issues that may have contributed to the incident and the resulting charge. Certain situations require counseling or treatment, which can serve as proof that the person arrested or charged with domestic violence is seeking change. Counseling and treatment is often looked upon favorably by the prosecution during plea negotiations and in deciding on the ultimate disposition of the domestic violence charges against you.
What Can I Do to Defend Against a Domestic Violence Charge?
Winning domestic violence charges in California can be challenging in certain situations, but it is possible with the right legal strategy and representation. Here are some steps to take to increase your chances of successfully defending against domestic violence charges:
1. Hire an experienced attorney who is a certified criminal law specialist. It is also crucial to work with a skilled criminal defense attorney who has experience handling domestic violence cases in California. A defense attorney who was a former prosecutor specializing in domestic violence can be a tremendous asset to your case. With experience on both the prosecution and the defense sides, this type of attorney can help you understand the legal process, build a strong defense, and navigate the complexities of the legal system, all the while giving you a clear picture of how the prosecution will build the evidence against you and the strategies the prosecution can use to convict you.
2. Gather evidence: Collect any evidence that can support your defense, such as witness statements, photos of injuries, text messages, emails, evidence of bias or fabrication or other documentation that can help refute or undermine the allegations against you. Your attorney can help you determine which evidence is relevant and admissible in court.
3. Challenge the evidence: At Knight Law, we review all the evidence to determine if any challenges should be made to the prosecution’s evidence against you, including witness testimony, 911 calls and police reports. We scrutinize the evidence for inconsistencies, inaccuracies, or issues that could weaken the prosecution’s case.
4. Present a strong defense: At Knight Law, we are committed to developing a defense strategy that highlights any weaknesses in the prosecution’s case and presents a compelling argument in your favor. Your defense may involve proving your innocence, demonstrating self-defense, mutual combat or questioning the credibility of the accuser.
5. Negotiate a plea bargain: In some cases, it may be in your best interest to protect yourself with a bargain by negotiating with the prosecution to reduce the charges or penalties. A plea bargain may be appropriate in situations where the chances of winning at trial are not high. At Knight Law, Nana Knight’s background as a former prosecutor on the domestic violence team is a tremendous advantage in negotiating a plea deal in your favor. We will assess the potential outcomes of a plea bargain, analyze the state of the evidence, and determine if protecting yourself with a plea bargain is appropriate in your situation.
Call Knight Law Now For a Free Case Evaluation
When facing a domestic violence charges, you need to fight back aggressively with a strong defense. At Knight Law, you can count on effective and aggressive representation by San Jose attorney Nana Knight – former prosecutor who specialized in domestic violence and who is now criminal defense attorney representing clients accused of domestic violence. She will expertly handle your case from beginning to end using her extensive knowledge, experience, and skills.
As a former prosecutor and California Bar Board Certified Specialist in Criminal Law, Nana Knight understands how prosecutors work to build a case against you and can use it to provide you with an effective and strategic legal defense. Call 408-877-6177 now for a free case evaluation.
