Aggressive Defense Against Domestic Violence Charges

The term "domestic violence" is typically associated with battery and serious harm. However, the legislature has afforded persons in intimate relationships with greater protections, and accordingly any offensive touching is all that is needed to bring about a charge of domestic violence. Domestic violence charges grow far more serious when they are accompanied by what is known as Great Bodily Injury ("GBI") - which will invariably be charged as a felony.

Who Can be a Victim of Domestic Violence

Domestic violence can be perpetrated against anyone in any of the following categories of relationships:

  • Spouse
  • Former spouse
  • Cohabitant
  • Mother or father of his or her child
  • Fiancée
  • Former Fiancée
  • Current dating relationship
  • Previous dating relationship

Avoiding a Domestic Violence Conviction

Domestic violence cases are amongst the most defensible cases that the district attorney charges. This is because of the frequency of recanting victims, uncooperative victims, and legitimate issues of self-defense. Often times a domestic violence charge can be dismissed or reduced to avoid the negative impacts of a domestic violence conviction.

Amongst the charges that a domestic violence charge are possibly reduced to are a battery, assault, trespass or disturbing the peace. By pleading to a reduced charge a defendant can avoid the mandatory conditions of domestic violence probation (see our Domestic Violence Ramifications page). Moreover, the individual can avoid a federal lifetime ban on owning, possessing or purchasing firearms. Additionally, since certain crimes of domestic violence can be either an aggravated felony or crime of moral turpitude which can lead to deportation, denial of naturalization or exclusion from the United States, pleading to a reduced charge can help to avoid negative immigration consequences.

However, the most attractive outcome when facing a domestic violence charge is an acquittal following a jury trial. The accused will have cleared their name and also placed themselves in a position to obtain a judicial declaration of factual innocence. If granted, the certificate of factual innocence will seal the accused's arrest record and charges for a period of three years. Subsequent to these three years, the accused's arrest record and charges stemming from the false accusation of domestic violence will be destroyed.

Contact Ahmed & Sukaram, Attorneys at Law

We are San Mateo County and Alameda County domestic violence defense lawyers who will stand up to Bay Area district attorney's offices against charges of domestic violence. Come interview with us today so that you can meet the skilled and passionate attorneys who will be representing you in court. Let us help you avoid a domestic violence conviction by fighting your case at trial or securing you a reduced charge prior to trial.