Domestic Violence Attorney Walnut Creek CA
Domestic violence charges are some of the most emotionally charged allegations that you can suffer through. It is always a struggle to go through the legal process while also sorting out the issues amongst family. Thomas Daly can provide excellent legal counsel as you go through the court process while also understanding the emotional toll this situation takes on you. Thomas can work to defend you in your case and can help put you back with your family as soon as possible.
Domestic violence is commonly charged by alleging a violation of either Penal Code Section 273.5(a) or Section 243(e)(1).
A charge under Section 273.5(a) can be either a felony or a misdemeanor. This crime alleges that a “corporal injury” was inflicted which resulted in a “traumatic condition” upon the victim. A “traumatic condition” is defined as a wound or injury, whether that be serious or minor. The victim has to be related in some manner to the defendant – there is a full list explaining what types of relationships qualify for this charge in the Penal and Family Codes.
A charge under Section 243(e)(1) can be charged only as a misdemeanor. This crime alleges that a ‘simple battery’ occurs against the victim. A ‘simple battery’ occurs when the victim is touched in a harmful or offensive manner – there does not need to be an injury caused. The victim has to be related in some manner to the defendant – there is a full list explaining what types of relationships qualify for this charge in the Penal and Family Codes.
A sentence for domestic violence can be severe. If probation is granted the terms of that probation include at a minimum: an informal probation length of three years; a protective order with either stay-away conditions or peaceful-contact conditions; $500 fee for a domestic violence fund; and a 52-week long batterers program. These terms can be increased and other terms such as community service, additional fines and fees, or jail time can also be added.
Thomas Daly has handled many domestic violence cases in the past and has been successful in having cases either dismissed or the charges reduced. To discuss the pros and cons of your case and to get a free consultation please call (925) 338-7517