Domestic Violence Lawyer Oakland, CA
If you’re facing domestic violence charges in California, you likely understand that a conviction can carry severe penalties — it could mean hefty fines and long-term imprisonment. Therefore, it is crucial to defend yourself by all available means. A domestic violence lawyer in Oakland, CA, knows that, under the right circumstances, claiming self-defense or defense of others may provide a complete defense of your criminal case.
However, asserting such a defense is challenging and may be risky from a legal perspective. Consequently, if you believe that you may have grounds to claim self-defense or defense of others, you should discuss your circumstances with an Oakland, CA domestic violence lawyer before saying anything to the police or prosecutors or making any significant decisions.
Is Self-Defense and Defense of Others Provide “Justification” for Assault or Homicide?
Self-defense and defense of others are “justification” defenses. This means that by using one of these defenses, you are arguing that you do not deserve punishment even though you committed the assault. Essentially, you are claiming that you were left with no other choice but to take violent action to protect yourself or someone else from inescapable bodily harm.
Indeed, the use of force is justifiable in specific circumstances when the individual believes that such force is immediately necessary to protect him or herself against the use of unlawful force by another individual. However, there are situations when under which the use of force is not legally justified. Our Oakland, CA domestic violence lawyer shares that these can include (but are not limited to):
- Using deadly force when non-lethal force would do
- Using deadly force after provoking the other individual’s use of force
- Using deadly force when you can retreat safely (unless “stand your ground” laws apply).
- Resisting arrest (including unlawful arrest)
To make a successful self-defense argument, your domestic violence lawyer in Oakland, CA, must establish each requirement of the state’s established laws. If any element of the defense is not met, the prosecutor may be able to convict even though you honestly believe you acted in self-defense. These requirements include:
► Belief: This is the first element of self-defense. An Oakland, CA domestic violence lawyer wants you to know that to claim self-defense, an individual must have believed that he or she was under an imminent threat of danger at the time they used force.
► Immediate necessity: An individual must not only believe that using force is necessary, but he or she must also believe that it is an “immediately necessary.” If there is any way to retreat, or if only a threat of future harm exists, self-defense may not apply.
► Unlawful force: Self-defense only applies in circumstances where an individual is confronted with the use of unlawful force. Use of force can be lawful in some specific instances, such as in connection with an arrest.
► Present occasion: Our domestic violence lawyer in Oakland, CA, shares that there must also be a fear of harm at the time when a person uses force in self-defense. You can’t launch an unprovoked attack and then claim self-defense if you were subject to a prior attack or are concerned that an individual may attack you in the future.
What does all this mean? If you think you acted in self-defense or in defense of someone else and are now facing domestic violence charges, you are well-advised to schedule a confidential consultation to speak with a domestic violence lawyer, Oakland, CA clients trust from Hallinan Law Firm about your situation. Call our office today.
Tips When Facing Domestic Violence Charges
Our domestic violence lawyer Oakland, CA residents depend on shares that facing any type of criminal charge can have a significant impact on a person’s future. With so much riding on a potential conviction, the last thing you want is to do anything that could make matters worse. At Hallinan Law Firm, we want to hear about your particular situation and determine how we can best assist you in protecting your rights. Our domestic violence lawyer serving Oakland, CA, provides the following tips to keep in mind when head-to-head with the legal system:
Do Not Contact the Victim
If you are being charged with domestic violence, it may be tempting to contact the victim and make attempts to sort things out together. Your domestic violence lawyer in Oakland, CA, recommends that you not make attempts to do this. Contacting the victim or your accuser can only have a more damaging impact on your case and, in some situations, may only make matters worse.
Be Aware of Social Media
When facing criminal charges, keep in mind that anything you say or do can be used against you. This stems far beyond questioning from law enforcement. You will want to be aware of things you say or comments that are made not only on social media but to friends and family as well. Social media content can be used as evidence against you in your case. Family and friends may be called as witnesses.
Obtain a Clear Understanding of Charges
Your Oakland, CA domestic violence lawyer knows that if you have been arrested, the time to follow can be incredibly intense. You may be completely unaware of why you are being arrested and charged. We can help you to obtain a clear understanding of the charges that you are facing. This can assist you in protecting your rights and developing a clear legal defense strategy for your case.
Speaking With Law Enforcement
If law enforcement has brought you in for questioning, chances are you will want to get the entire process over with as quickly as possible. While speaking with law enforcement may seem harmless, know that even the slightest misstep has the ability to make matters worse. Our Oakland, CA domestic violence lawyer wants you to remember that anything you do or say could be used against you. Keep in mind that if you have not been arrested or charged, the information you give them when answering questions could provide investigators with what they need to do so. Before responding to questions, make sure that you have the legal support and representation of our Oakland, CA, domestic violence lawyer at Hallinan Law Firm.
Contact an Oakland, CA Domestic Violence Lawyer
Hallinan Law Firm knows that facing criminal charges can be particularly stressful. No one wants to experience the consequences that could follow if convicted. We have the experience and dedication needed to protect you and prevent missteps from occurring should you have chosen to represent yourself. For the help you need during this complicated and difficult time, contact Hallinan Law Firm, an Oakland, California domestic violence lawyer you can depend on.
Frequently Asked Questions When Facing Domestic Violence Charges
Facing domestic violence charges can be incredibly stressful and result in many repercussions. Criminal charges are severe and can even be life-changing. Because of this, it can be troubling to face the criminal process without the guidance of an experienced domestic violence lawyer serving Oakland, California. If you have been charged, you will have several questions about domestic violence charges and how best to move forward. By contacting Hallinan Law Firm, we can assist you in answering your questions and providing you with the experience that you need.
What is a domestic violence charge?
Domestic violence is an act that is often an abusive act that is committed by a partner or family member. Usually, the abuse is both physical and emotional over an extended period. Domestic violence charges can range in severity, and there are often several factors that might be taken into consideration, such as, whether injuries resulted, and a child was present when the violence occurred. Our Oakland, CA domestic violence lawyer shares that in addition to a domestic violence charge, assault and battery may also result.
What consequences could I face from a domestic violence conviction?
No one wants to contend with the consequences of a conviction. A domestic violence conviction can result in a variety of short and long term consequences. Depending upon the details surrounding the case, you could be facing either a misdemeanor or felony charge. This will depend upon the severity of charges and whether or not this is your first offense. Typical consequences if convicted, could include:
- Jail Time
- Criminal Record
- Batterer Prevention Programs
- Impact on Employment
- Housing Issues
- Child Custody Problems
What should I do if law enforcement wants to question me?
Our domestic violence lawyer in Oakland, CA, strongly recommends that you take the time to speak with law enforcement and contact your lawyer for representation. Be aware that law enforcement may request to meet with you or attempt to question you if you have been arrested. You may feel pressured to speak with them. Keep in mind that answering their questions can have a significant impact on your case. In some cases, you may even put yourself at risk of inadvertently admitting fault or making matters worse. Know that you can enact your Miranda Rights by remaining silent and asking for your Oakland, CA, domestic violence lawyer.
At what point should I consider legal counsel from Hallinan Law Firm?
When facing any type of potential criminal charge, you must speak with a legal professional for the support, counsel, and guidance that you are most in need of. We will not only fully dedicate our services to you but ensure that your needs are put first. Don’t put yourself at risk of managing the legal process unprotected. Start by contacting our domestic violence lawyer in Oakland, CA, today.
A domestic violence charge can be stigmatizing, and naturally could result in long term consequences. Because of this, having Hallinan Law Firm by your side can ensure that you can put your best foot forward. For more information or to schedule an appointment, contact our domestic violence lawyer in Oakland, California, to get started.