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Domestic Violence - Spousal and Cohabitant Abuse
Assault - Battery and Terrorist Threats - Threatening Phone Calls
Damage to Phone Line - Intimidation of Victim or Witness
Contact Robert J. Winston - Northern California Domestic Violence Attorney
Domestic violence charges are very serious matters. In fact, the California Legislature has proclaimed that domestic violence is such a serious and increasing problem that it must be addressed with tough prosecution. They have decreed in law that " spousal abusers present a clear and present danger to the mental and physical well-being of the citizens of the State of California." In order to deal with this situation, the legislature has passed a series of harsh criminal laws. The following current criminal statutes are illustrative:
CALIFORNIA PENAL CODE §273.5. (a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000.00) or by both that fine and imprisonment.
(c) As used in this section, "traumatic condition" means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force. (This is the generally-charged "spousal-abuse violation")
CALIFORNIA PENAL CODE §422. Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison. For the purposes of this section, "immediate family" means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household. "Electronic communication device" includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code. (This is what California law refers to as "terrorist threats")
Attorney Robert J. Winston understands that domestic violence in California is defined extremely broadly. In California, even "attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent, serious bodily injury to himself, herself or another" can be a felony; and result in a State Prison sentence. Of course, the seriousness of the injuries to the victim(s), whether or not guns or other weapons were used, and/or whether or not the alleged perpetrator has a criminal record can markedly increase the crime's seriousness.
And in the Golden State, the "abuse" does not need to happen in the "home" to be domestic violence. It can happen anywhere. Terrorist threats (which are not more than verbal abuse) can be made over the phone, by mail, on the internet, etc. There need not be any broken bones, wounds, cuts, bruises or other physical evidence of abuse in order to be arrested and charged with domestic violence. Verbal, emotional and psychological abuse can be treated just as seriously as actual physical violence.
The victim does not have to press charges! Law enforcement in California and the District Attorney are the ones who press charges against a person who has allegedly committed domestic violence or made threats against another person. This means that the victim can even say they don’t want the accused prosecuted, but the State will still file criminal charges. Prosecutors and police often complain they are constantly working against the "problem" of battered women who will not press charges or testify due to fear, intimidation or "misplaced love." Therefore, law enforcement officers are now trained to focus on the victim's rights. The brief victim, witness and suspect statements that they take at the scene will be used to evaluate the nature of the case. Your rights as the accused will be of secondary interest only. Clearly, this attitude, which now extends throughout the system, places the individual accused of Domestic Violence in a very difficult position. Thankfully, Mr. Winston can help.
So as you can see, the state of California can impose very harsh penalties on those convicted of domestic violence. But not every case that starts as a serious felony must end up that way. Sometimes domestic cases can be resolved as misdemeanors, and some violence penalties can be limited to probation, community service, court fees and anger management/battery counseling; especially for first-time offenders. If you have been arrested for domestic violence, you should contact Mr. Winston; you definitely need a competent attorney to protect your rights. These cases require an aggressive defense by an experienced trial lawyer. At the Law Offices of Robert J. Winston, we take domestic violence cases very seriously.
Robert J. Winston is available to help you or your loved one accused of these crimes. He is an extremely experienced domestic violence defense attorney. He has served as a prosecutor, a judge, as well as over twenty years as a criminal defense attorney.
The Law Offices of Robert J. Winston, in Modesto, California, serves clients throughout much of Northern California, including Stanislaus County, Tuolumne County, Calaveras County, Mariposa County, Santa Clara County, Alameda County, San Joaquin County, and the communities of Modesto, Manteca, Merced, Tracy, Livermore, San Andreas and Sonora.
The law firm handles most of its cases, including juvenile defense cases, on a fixed fee basis. All major credit cards are accepted, and the initial consultation is free. Meetings are by appointment only. Contact us today to arrange an appointment with an experienced northern California domestic violence lawyer.
Law Offices of Robert J. Winston
509 Fifteenth Street
Modesto, CA 95354
Phone: (209) 529-9199
Fax: (209) 529-9307
FREE INITIAL CONSULTATION!
CALL US NOW (209) 529-9199
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