Inland Empire Criminal Defense Attorney
Domestic Violence Cases in Orange County and San Bernardino County, Southern
Are you under investigation for or have you been charged with domestic
violence crimes in the San Bernardino area? If so, it is vital that you
engage the services of a reliable and competent criminal defense lawyer.
It is highly advised that you contact the Orange County with offices located
in Laguna Hills and San Bernardino domestic violence attorney at the Law
Offices of Mark Raymond McDonald to schedule a free consultation about
your case. Mr. McDonald is a highly-qualified criminal defense attorney
who has been practicing law since 1990. He is a former Riverside County
prosecutor and has an abundance of knowledge and experience to apply to
your defense. When you retain his services, he will work zealously to
ensure that your rights are protected, that you are treated fairly, and
will make every effort to achieve the most favorable outcome possible.
California Domestic Violence Law
Under California law, it is unlawful to use physical force or threaten
to cause bodily harm to a spouse, ex-spouse, or other intimate partner
or family member. California Penal Code 273.5 covers the criminal offense
of "corporal injury" to a spouse, person you live with, or the
parent of your child. This offense is accomplished by using force or violence
that causes visible injury in the alleged victim.
California Penal Code 243 covers domestic battery as a misdemeanor. Under
this law, it is a crime to use force or violence against a spouse, ex-spouse,
dating partner, cohabitant, or the parent of your child. No visible injury
is needed to be charged with this offense.
Other aspects of the California Penal Code cover additional domestic violence
crimes, such as child abuse, child endangerment, or elder abuse.
Penalties for domestic violence crimes depend on the facts of the case,
including the extent of injuries which may have been inflicted and any
previous criminal history of the offender. Even first-time offenders,
however, are often given a minimum 30-day sentence to a county jail and
required to complete a batterer's program. It is therefore in your
best interests to have the San Bernardino domestic violence lawyer at
the firm working on your case from the start to help you avoid a conviction.
Victims of domestic violence cannot be jailed for contempt of court if
they refuse to testify against the alleged batterer. Normally, if someone
refuses to testify, and they don't have a legal privilege allowing
them to remain silent, the judge will order that person to answer the
question, or be found in contempt. If the person still refuses to testify,
the judge can order that person to jail until they change their mind about
testifying. Marcy's Law made an exception to this rule for victims
of domestic violence. If the domestic violence victim refuses to testify
against the suspect, all the judge can do is order the victim to take
a class for domestic violence victims. Often, if the victim simply refuses
to testify, the case has to be dismissed for lack of evidence.