Experienced And Strategic Defense Against Family Violence Charges
At the Law Office of James McGee, we understand that family violence allegations are damaging to your relationships and your reputation as well as threatening to your freedom. When you hire us, we work directly with you to fight the charges or otherwise resolve them in a manner that best meets your needs and goals. Our work starts with assessing your options during a free case evaluation.
Which Charges Are You Facing?
Domestic or family violence refers to a variety of acts directed at a variety of alleged victims. Some of the sub-categories include:
Spousal abuse: Battery and other violent acts perpetrated against an individual with whom the defendant shares an intimate relationship. That intimate relationship includes:
- Spouse or former spouse
- Cohabitant or former cohabitant
- Fiancé or former fiancé
- Any person with whom the defendant has or used to have a dating relationship
- Father or mother of the defendant’s child
Spousal battery charges and sentences also vary depending on whether or not it resulted in physical injury to the victim (Penal Code sections 243(e)(1), 273.5).
Stalking: The willful, malicious, and repeated following or harassing of another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or his or her immediate family. Harassing, as it relates to stalking, is a series of acts that seriously alarms, annoys, torments, or terrorizes a person. It is judged from the perspective of a reasonable person and would that reasonable person suffer substantial emotional distress. Lastly, the harassment must actually cause substantial emotional distress (Penal Code section 646.9).
Child abuse: Any non-accidental physical injury to the child that can include striking, kicking, burning, or biting the child, or any action that results in a physical impairment of the child (Penal Code sections 273ab, 273d).
Child endangerment: The failure of a parent or other person with responsibility for the child to provide needed food, clothing, shelter, medical care, or supervision to the degree that the child’s health, safety, and well-being are threatened with harm (Penal Code section 271, 273a).
Whatever you’ve been charged with, it is important to address these allegations quickly with the help of an experienced attorney.
Sentencing Considerations Beyond Incarceration
It’s not just jail time that you need to worry about if convicted of a family violence offense. Here are some other things to keep in mind:
- If a person is convicted of a family violence offense and is granted probation, the court may sentence the defendant to a minimum of 48 months of probation. The victim may also be subject to a protective order that would limit the interaction of the defendant with the victim during the term of the protective order.
- Any person convicted of a domestic violence offense must complete a 52-week domestic violence treatment program that meets the criteria as set forth in Penal Code section 1203.097. The defendant must also pay a $500 fee to the Domestic Violence program as a term of probation.
- Any person convicted of child abuse or child endangerment must complete a 52-week child abuser’s treatment program that meets the criteria as set forth in Penal Code section 273.1. Enrollment in that program is required within 30 days of being placed on probation.
- Any person convicted of a misdemeanor domestic violence offense is prohibited from owning or possessing a firearm for 10 years. Any person restricted under a protective order cannot own or possess a firearm during the term of the protective order.
For these reasons and more, you cannot afford to hope that everything will “blow over.” You must be proactive in addressing your charges.
Contact Us Today For The Legal Help You Need
To take advantage of a free initial consultation at the Law Office of James McGee, call our office in San Bernardino at 1-888-873-0383. You can submit a request for a consultation here. Se habla español.