Domestic Violence Attorney in Bakersfield

What Is Domestic Violence?

Domestic violence refers to abusive behavior used to exert control over a partner, family member, or someone in a close relationship. Under California law, domestic violence can include various actions, such as physical harm, emotional abuse, threats, harassment, and even financial or psychological manipulation. Offenses like hitting, pushing, stalking, destroying property, or intimidating a victim to gain power or control may all fall under domestic violence laws.

These accusations are treated with the utmost seriousness and can lead to both criminal and civil legal consequences. Charges may result in restraining orders, mandatory counseling, fines, and jail or prison time. Additionally, domestic violence cases often come with unique complexities, such as disputes over child custody or immigration issues, which can further raise the stakes.

What Are the Penalties for Domestic Violence in Kern County?

Domestic violence is often classified as an enhancement charge added to another criminal offense, such as battery, assault, or harassment. In other words, it increases the severity of the original charge and can lead to harsher consequences if convicted. 

A domestic violence enhancement may lead to extended jail sentences, longer probation periods, and higher monetary fines. A conviction could lead to a jail sentence of up to 6 years or more, with fines reaching as high as $6,000, depending on the specifics of the case, state laws, and whether it is a first-time or repeat offense.

Beyond the legal consequences, a domestic violence conviction can have far-reaching personal implications. For example, you may lose the right to custody of your children, creating emotional challenges for families. Convictions can also impede employment opportunities, affect professional licenses, and restrict firearm ownership. These consequences highlight the seriousness of a domestic violence charge and the importance of seeking legal counsel to address such cases.

Defenses Against Domestic Violence Charges

Several defenses may apply depending on the specifics of your case, and understanding these options can profoundly affect the outcome. At Humphrey & Thompson, we thoroughly examine each case to uncover flaws in the allegations and craft a targeted defense.

• False Allegations: False claims occur more often than many might assume, usually stemming from emotional disputes, custody battles, or attempts to gain an advantage in legal or personal matters. These allegations can have devastating consequences, even when lacking evidence. Our attorneys work diligently to uncover inconsistencies, motivations, or credibility issues in the accuser’s claims, challenging them effectively.
• Self-Defense or Defense of Others: If your actions were taken in self-defense or to protect another person, this could serve as a valid defense against domestic violence charges. The law allows reasonable force to counter a genuine threat. A skilled attorney can demonstrate how your actions were justified under the circumstances.
• Lack of Evidence or Contradictory Evidence: Domestic violence cases often depend on limited evidence or one-sided accounts. If evidence is insufficient, contradictory, or circumstantial, it may weaken the prosecution’s case. We meticulously review police reports, witness statements, and other details to identify weaknesses and pursue dismissals or reductions in charges.
• Mistaken Identity or Wrongful Arrest: Mistaken identity or errors in judgment by law enforcement can lead to wrongful accusations. These situations often arise in chaotic environments or from misinterpretation of events. By analyzing your arrest’s details and challenging discrepancies, we can work to demonstrate that you were wrongly accused.
• Consent in Certain Situations: Some cases might involve mutually agreed behaviors, later mischaracterized as domestic violence. Consent may form a strong defense if the circumstances align. Proving this requires careful examination of the facts, but it can provide a substantial basis for disputing charges.