Domestic Violence

Allegations of domestic violence are exceptionally serious. For the accused, they often have the most severe collateral consequences and can include incarceration, probation and fines. It can also include the less-obvious consequences that only experienced attorneys can identify and defend against, like presumptions of parental unfitness in family court and lifetime firearm prohibitions. For non-citizens, collateral consequences can include deportation, the exclusion from admission to the United States and the denial of naturalization.

You should always consult an experienced Chico defense attorney who knows the practice area. Davis has represented hundreds of clients throughout California accused of domestic violence. He has also served as lead counsel in several jury trials resulting in not guilty verdicts. He recognizes too that most clients prefer to avoid the cost and publicity attendant with jury trial. Davis often has charges dismissed or significantly reduced simply by providing the government with information that it didn’t have when their filing decision was made.

Davis is also available to represent victims and to assist them in asserting their rights.

Domestic Violence and Related Offenses in California

Many crimes in California can be considered crimes of domestic violence. Under California law, domestic violence is a flexible term, and because the legislature is seemingly eager to create statutory conflict to keep courts and lawyers busy, they’ve defined it more than once. California Penal Code section 13700 defines domestic violence as abuse committed against against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. Domestic violence is similarly defined in Family Code section 6211 as abuse perpetrated against specified persons, including a person with whom the defendant is having or has had a dating relationship, a person with whom the defendant has had a child, or any other person related by consanguinity or affinity within the second degree.

What is abuse? The answer is straightforward: Abuse for purposes of Family Code section 6211 is defined in Family Code section 6203. Family Code section 6203 includes in its definition of abuse to place a person in reasonable apprehension of imminent serious bodily injury to that person or to another, sexual assault, to intentionally or recklessly cause or attempt to cause bodily injury, and also any behavior that has been or could be enjoined pursuant to Family Code section 6320. Behavior that may be enjoined under Family Code section 6320 includes, among other things, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, or disturbing the peace of the other party.

This is all to say that many crimes fall in the domestic violence category. Davis has more than a decade of experience fighting on behalf of clients accused of domestic violence. Some of the most frequent California domestic violence offenses that Davis handles include:

Domestic Battery Against a Spouse/Cohabitant - Penal Code section 243(e)(1)

Corporal Injury to a Spouse/Cohabitant - Penal Code section 273.5

False Imprisonment - Penal Code section 236

Restraining Order Violations - Penal Code section 166(c)(1) and 273.6

Child Endangerment - Penal Code section 273a

Child Abduction - Penal Code section 278

Vandalism - Penal Code section 594

California Domestic Violence Punishment

Domestic violence is aggressively prosecuted by District Attorney offices throughout the state of California. Once convicted, a defendant faces up to 364 days in the county jail in cases involving misdemeanors, or by imprisonment in the California Department of Corrections in cases involving felonies. If probation is granted, it will be pursuant to section 1203.097 of the Penal Code. This requires a minimum period of probation of 36 months and may include a period of summary probation as appropriate, the issuance of a criminal protective order restricting contact with the victim, and completion of a 52-week batterer’s treatment program. Keep in mind that every defendant’s case is unique, and sentences depend on a number of factors related to both the defendant and the offense.

Firearm Restrictions

Under California law, a person convicted of a domestic violence misdemeanor is prohibited from owning, possessing, or having under their custody or control any firearm or ammunition. Under federal law, a domestic violence misdemeanor may result in a lifetime firearm ban. See 18 USC 922. Felony convictions always result in lifetime firearm prohibitions. In certain cases, these rights can be restored but not without effort. Contacting an experienced and tenacious attorney like Davis is critical to guard against the loss of this important constitutional right.

Call An Experienced Domestic Violence Attorney

Davis has extensive experience handling crimes involving domestic violence. If you have been arrested or charged with domestic violence in California, call or email Davis to schedule a free 30-minute consultation: (916)761-8049 or Davis@dwhlo.com. Available on weekends and evenings.

Notable Case Outcomes

Chico attorney Davis Hewitt has had remarkable success at jury trial representing people accused of domestic violence. Some notable cases include:

People v. B.D. Client charged with brandishing a firearm against his girlfriend. Defense request for judgment of acquittal granted at the close of prosecution evidence. CASE DISMISSED. Client promptly got his firearm back which had been seized by law enforcement following his arrest.

People v. R.H. Client charged with misdemeanor domestic violence against a girlfriend after allegedly shoving her from a vehicle. CASE DISMISSED in the middle of jury trial after Davis’s cross examination of complaining witness.

People v. J.R.T. Client accused of misdemeanor violations of Penal Code section 273.5 and 243(e)(1) following fight with his wife at home. Defense theory was that he acted in self-defense. Judge denied defense’s request for self-defense instruction, finding that it was not supported by evidence. Jury disagreed with the judge and returned NOT GUILTY VERDICT on all counts.

People v. W.S. Client accused of misdemeanor violations of Penal Code section 243(e)(1), 273.5, 273a(b) and 273.6. Client’s ex-wife alleged that client injured them and abused their young child in common. Jury returned NOT GUILTY VERDICT as to Counts 1-3. Client found guilty of violating a restraining order by sending a letter to the protected party in the mail.

People v. C.H. Client accused of misdemeanor violations of Penal Code section 243(e)(1) and 273.5 following fight with her boyfriend at a shared apartment. Jury returned NOT GUILTY VERDICT on all counts.

People v. K.H. (Fresno County) - Client accused of violating Penal Code sections 243(e)(1) and 273.5. Wife accused client of throwing her onto a couch, slapping her and bruising her arms. Jury found client NOT GUILTY at trial.

People v. C.D. Client with two prior strikes convictions facing life imprisonment for allegedly assaulting his girlfriend with a metal pipe outside of the Santa Cruz Police Department. Charged with Penal Code section 273.5 and 245(a)(1), assault with a deadly weapon to wit, metal pipe. Client found NOT GUILTY on all counts following jury trial. Released from jail later that day.

People v. J.P. Client accused of using a crowbar to gain entry into her estranged husband’s bedroom within their shared house. Once inside, witnesses testified that she used crowbar to “brain” estranged husband. Client charged with Penal Code section 459 (residential burglary), 273.5 and 245(a)(1). After prosecution rested, Judge agreed with the defense’s argument that a person cannot burglarize her own house and granted judgement of acquittal (Penal Code section 1118.1) on the 459 (residential burglary). Jury deliberated for five days on remaining counts and failed to reach unanimous verdict. Felonies later DISMISSED upon motion of the people.

People v. L.G. Client accused of felony violation of Penal Code section 273.5 arising from a fight with his girlfriend at their apartment in Watsonville. Jury swiftly returned verdict of NOT GUILTY.

NOTE: Chico attorney Davis Hewitt knows through experience that many cases involving allegations of domestic violence are dismissed at or immediately prior to trial. He estimates that several dozen of his clients have had their domestic violence case dismissed outright prior to trial.

If you have been arrested for domestic violence then call or email Chico Attorney Davis Hewitt for a free consultation

(916)761-8049 or Davis@dwhlo.com

Resources

Catalyst Domestic Violence Services, 330 Wall Street Ste. 50, Chico CA 95928