Domestic Violence Attorney
San Jose Area Domestic Violence Lawyer
The State of California does not take the charge of “Domestic Violence” lightly. A lot of these cases may start out seeming silly and frivolous, but if they are not handled appropriately, the consequences can be very serious.
If you are convicted of domestic violence, you could lose your job, your children and even your freedom. Criminal penalties for domestic violence may include jail time, probation, court ordered counseling for up to a year and other serious penalties.
If you have been charged with Domestic Violence you should immediately retain an attorney. Even a misdemeanor conviction for a Domestic Violence charge carries mandatory jail time. And this needs repeating: a Domestic Violence conviction can cause the loss of custody of your children, loss of employment, and if you are not yet a legal citizen can subject you to deportation.
Domestic Violence is not a “Male-Only” Crime
This is a unisex crime. Whether you are a man or a woman, if you are convicted of domestic violence in California, this creates a presumption that you are unfit to be the primary custodian of your own children. This means that you can lose custody of your children to the parent who may not even be the primary parent (in the case of a separation or divorce situation). If you want to protect yourself from such an humiliating and outrageous outcome as surrendering your children to a husband or wife that may only see your children a few times a year you need an attorney.
Out the Window… Firearms Ownership Gone!
Under federal law, you cannot ever legally carry a firearm if you have a domestic violence conviction. If you are in the military or a member of law enforcement, this is usually the end of your career. In other fields that require you to have a state license, such as an attorney, a contractor, a hairdresser, those that require special licensing, this conviction can cause you to lose and/or prevent you from renewing that license. A Domestic Violence conviction is a BIG DEAL!
Law Enforcement Professionals – Get an Attorney! –
The Omnibus Consolidated Appropriations Act of 1997 made several amendments to the Federal Gun Control Act of 1968. The amendments prohibit the possession of firearms and ammunition by persons convicted of state or federal misdemeanor crimes of domestic violence. Law enforcement officers and other governmental officials are NOT EXEMPT from these amendments.
What is Domestic Violence?
In California, the relationship that constitutes “domestic” and the actions that count as “violence” are very broad and loosely defined. Married persons, boyfriend-girlfriends, same sex couples, blood relatives (siblings, parents and their children, cousins), even roommates are all relationships which count as “domestic” for purposes of this charge. It gets worse… Simple, acts which may not seem like a violence, such as pushing, pinching or hair pulling, are all actions which can and are routinely labeled as the “violence” aspect of the crime.
Considering pleading Guilty or “No Contest” to a Domestic Violence Charge?
DO NOT try to handle your case by yourself and DO NOT plead guilty without talking to an attorney.
If you are considering pleading guilty to just “get this over with,” you are gravely mistaking the consequences. A Domestic Violence conviction will be a permanent criminal record following you for the rest of your life.
In the State of California, prosecutors rarely reduce or dismiss charges of domestic violence. In addition, a plea often requires jail time and mandatory classes that last up to 48 weeks. Unless you plead guilty and are prepared to take the classes and do the jail time, your case will go to trial. For that you will need an experienced trial attorney to prepare and present your defense.
If you are currently charged with domestic violence, or if you are suffering loss of employment, family, or deportation due to a domestic violence conviction, it is not too late. Contact me, San Jose Domestic Violence Defense Attorney Andy Miri at 408-916-4115. I have successfully defended clients accused of domestic violence. I have won jury trials and bench trials, successfully argued for the dismissal of charges, and obtained favorable plea agreements for many clients facing criminal charges.
If you retain me to handle your case, I will provide a vigorous defense against the criminal charges you face and represent you at any hearings involving a protective order that has been issued or may be pending.
I will carefully review the facts of your case and the events leading up to your arrest. Based upon my understanding of these facts and the strength of the case against you, I will recommend a legal strategy designed to obtain the best possible result in your circumstances.
In some cases, I may be able to convince the prosecutor to drop the charge or reduce it to a lesser offense. In other cases, I may be able to negotiate a plea agreement with the prosecutor on favorable terms. If the prosecution is not willing to be reasonable, I will be fully prepared to provide a vigorous defense on your behalf at trial.
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We attempt to connect you with an Attorney up to 10 PM ~ 7 Days a Week!
Law Offices of Andy Miri
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