Faced with Criminal Charges? Shelley D. Dwyer Is Ready to Protect Your Constitutional Rights.

Redwood City Domestic Violence Lawyer

Accused of Domestic Violence in the Bay Area?

Man approaching woman with a fist - Bay Area Domestic Violence Defense

Domestic violence is a type of serious, violent crime that can encompass a number of different acts. Many arrests for domestic violence result from a family member, neighbor, or bystander calling the police after witnessing what they believed to be an altercation. Other times, family members and even spouses use allegations of domestic violence to gain leverage in divorces and child custody settlements. Whatever the case may be, you need strong legal defense on your side if you have been arrested.

Contact the Redwood City domestic violence attorney from Law Offices of Shelley D. Dwyer today at (650) 419-2940 for a free consultation if you were accused of domestic violence.

California Domestic Violence Laws

In California, domestic violence refers to any crime committed against a person with whom you share a residence. While most commonly thought to involve two people in a relationship, this is not always the case. Domestic violence can also include acts that make someone fear for their safety, even without physical violence.

Domestic violence may involve:

  • Physical assault
  • Battery
  • Sexual assault
  • Assault with a weapon
  • Emotional/verbal abuse
  • Child abuse/endangerment
  • Stalking
  • Harassment

Our Bay Area domestic violence attorney, Shelley D. Dwyer, provides aggressive and experienced representation for clients accused of these acts.

What Are the Punishments for Domestic Violence in California?

The exact penalties you could face depend on the nature of the alleged acts you are being accused of, as well as your criminal history if you have one.

How Long Does Domestic Violence Conviction Stay on Your Record in California?

Domestic violence cases can be expunged, and felony cases reduced to a misdemeanor and then expunged, so long as no state prison time was imposed. If you were charged with a misdemeanor domestic violence charge, you must wait at least 10 years to get your charge expunged. Obtaining an expungement does not reinstate firearms rights. You will lose your firearm rights because of the Lautenberg Amendment which was enacted in 1996. This amendment prohibits firearm ownership of those convicted of even misdemeanor domestic violence. Expungement in California does not lift the federal prohibition. So even if you received a misdemeanor domestic violence 20 years ago, you are not allowed to own a firearm for the rest of your life even if you get the domestic violence charge expunged or sealed.

Is Domestic Violence a Felony in California?

Many domestic violence can be charged as misdemeanors, but some can be charged as a felony. Aggravated battery, however, can be charged as a felony. The victim must have sustained a serious injury, such as a broken bone, for a battery charge to be considered aggravated. When deciding on whether the battery will be charged as a felony, the judge will consider the defendant's criminal record, the circumstances of the case, and the severity of the injuries the victim sustained.

Can a Misdemeanor Domestic Violence be Expunged?

Misdemeanor domestic violence cases can be expunged as long as no state prison time was imposed. Felony domestic violence cases can be reduced to a misdemeanor and then expunged. Domestic Violence cases, are common prosecutions in California Criminal Courts.

If you are convicted of felony domestic violence, you could be facing:

  • Time in jail or prison
  • Fines
  • Probation
  • Community service
  • Civil penalties of a felony conviction

Our Bay Area domestic violence lawyer realizes how serious these charges are and we are committed to providing you with top-quality advocacy.

If you would like to speak with a proficient Bay Area criminal defense attorney, contact us now at (650) 419-2940.

When Your Freedom Is On the Line,

Contact the Law Offices of Shelley D. Dwyer.
  1. Attorney Dwyer has over 30 years of experience in criminal defense.
  2. Attorney Dwyer provides vigorous and aggressive defense.
  3. Attorney Dwyer has handled more than 150 jury trials.
  4. Attorney Dwyer offers initial consultations free of charge.
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