San Jose Domestic Violence Defense Lawyer

Protecting Your Rights Against Domestic Violence Charges in California

If you or a loved one has been accused of domestic violence in San Jose, it is crucial to seek the guidance of an experienced attorney focusing on domestic violence defense. Our domestic violence lawyers in San Jose provide an experienced, nuanced defense for people facing domestic violence charges.

Our attorneys possess an in-depth understanding of the California criminal justice system and a thorough familiarity with domestic violence cases. At this critical time, it is essential to have a knowledgeable and compassionate attorney who can provide you with the support and representation you need. With years of litigation experience, our San Jose domestic violence lawyers can help you achieve the best possible outcome for your case.

Key Aspects of California’s Domestic Violence Laws

Under California Penal Code §§ 270-273.75, there are three basic forms of domestic violence that are punishable by law:

• Misdemeanor domestic violence - Per Cal. Penal Code § 270, a parent of a minor child is guilty of a misdemeanor if he or she “omits, without lawful excuse, to furnish necessary clothing, food, shelter or medical attendance, or other remedial care for his or her child.” Evidence of abandonment or desertion by the parent strongly implies that such an omission has taken place. This offense is punishable by a fine of up to $2,000, up to one year in county jail, or a combination of both.
• Domestic battery without serious bodily injury - Under Cal. Penal Code § 243(e)(1), domestic battery occurs when a battery is committed against the defendant’s cohabitant, co-parent, former spouse, a person to whom the accused person is engaged, or a person with whom the defendant has or has had a dating relationship of any kind. Such an offense is punishable by a fine of up to $2,000, imprisonment in county jail for up to one year, or a combination of both. Under subsection (2), sentencing for domestic battery is to be followed by probation involving up to $5,000 in payments to a battered women’s shelter and reimbursement of all the victim’s reasonable, related costs.
• Inflicting bodily injury - Under Cal. Penal Code § 243(d), it is a felony to deliberately cause bodily (“corporal”) injury to a family member, cohabitant, intimate partner, or other person with whom the defendant has had a domestic relationship. Such a battery is punishable by imprisonment in county jail for up to one year or, in some cases, imprisonment of up to four years.

Call 408-998-1985 today to request a free consultation with Steven H. Nakano, Attorney at Law.