San Jose Domestic Battery Lawyer

Attorney in Santa Clara County for Defendants Charged with Spousal Assault

Domestic battery is a criminal offense related to domestic violence, and it is sometimes referred to as spousal battery or spousal assault. Despite what these terms suggest, domestic battery charges do not only apply when a person is accused of harming his or her spouse. Domestic battery is defined in California Penal Code 243 as an offense in which a person illegally touches an "intimate partner" in an offensive or violent manner. In addition to a current spouse, an intimate partner can be someone you used to be married to or used to date, a romantic partner you currently live with, someone you have a child with, or a close relative.

One very important fact about domestic battery charges in California is that someone can be charged with domestic battery even if there is no physical evidence of injury. A domestic battery arrest can be made based only on an allegation of force or violence. The dedicated legal professionals at the Fuller Law Firm have years of experience defending against allegations of domestic battery and related crimes. We can help you build a strong defense and ensure that your rights are fully protected.

Domestic Battery Penalties in California

In the state of California, domestic battery is generally a misdemeanor offense. If you are convicted of domestic battery, you face imprisonment of up to a year in county jail, and you could be required to pay a fine of up to $2,000. Additionally, you may also face a lifetime ban on possessing firearms or ammunition and negative presumptions against you in any child custody or family court matters. Those convicted of domestic battery can also experience future problems when attempting to obtain certain professional licenses in California.

Defenses against domestic battery can include self-defense, false accusations, lack of intent to cause harm, and more. Although domestic battery is a misdemeanor offense and not a felony, this does not mean that you should try to handle a domestic battery charge without an experienced criminal defense attorney. The consequences of a conviction are more than just legal. A domestic violence-related conviction can destroy your reputation and follow you for many years to come.

Our Approach to Defending Against Domestic Battery Charges

At Fuller Law Firm, we believe that the foundation of a good defense is to show that the defendant is more than just a possible criminal. He or she is a person who has struggles and challenges in life just like everyone else. When mental illness or substance abuse concerns seem to be a factor in domestic battery charges, we work to get the client the treatment he or she needs. Locking someone up who requires medical intervention for such issues does nothing to solve the problem. When you choose the Fuller Law Firm to represent you in criminal proceedings, we work with you to present evidence to the judge or district attorney which shows you as a whole person instead of simply the name on a criminal case file.

Let Us Help

If you have been charged with domestic battery, you could face jail time and other serious consequences. Contact our office, and schedule a free, confidential consultation at the Fuller Law Firm to learn about how we can help you defend against criminal charges. Call us at 408-234-7563 today. We represent clients charged with domestic battery in Santa Clara County, Alameda County, San Jose, Palo Alto, Gilroy, Fremont, and the surrounding areas.