Contra Costa County Domestic Violence Defense Attorney

If you have been arrested for domestic violence, you need to speak with a skilled criminal domestic violence defense attorney right away.  Daniel Horowitz and Daniel Russo are certified criminal defense specialists.  Only several hundred California criminal defense attorneys are permitted to use that designation.  A Contra Costa County criminal defense lawyer will have a better sense of the culture of the Contra Costa County court system, judges and prosecutors than an out of town, 1-800 cookie cutter law firm.

Domestic violence cases frequently emerge during marriage breakups and can be leveraged for financial gain and child custody disputes. Allegations of domestic violence can significantly impact careers in law enforcement, the medical field, legal professions, and the corporate sector.

Understanding California Domestic Violence Statutes

In California, several criminal statutes may apply if a person physically assaults a spouse or significant other. These specific statutes include:

Penal Code § 273.5: This statute is relevant when the victim is a spouse or former spouse of the offender.

Penal Code § 13700: Defined within this statute, domestic violence encompasses abuse committed 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 has had a dating or engagement relationship.

Penal Code § 243(d), 245(a): These statutes are not specific to spousal or significant other abuse but involve the same or similar conduct.

Penal Code §§ 136.1(b)(1), 136.2: These sections are cited in the context of assaults coupled with an intent to dissuade a victim or witness from reporting the crime. Such actions would interfere with the criminal justice system and could warrant the issuance of a criminal protective order. These often are charged when there is continuing contact between the alleged perpetrator and victim after an initial violent incident.  Read Horowitz' blog on intimidating a witness.

By understanding these statutes, individuals can better navigate the complexities of domestic violence cases in California.

Comprehensive Domestic Violence Defense 

Balancing Complex Family and Legal Issues

As a domestic violence attorney, it is crucial to navigate the intricate family dynamics and long-term consequences such as job security, gun ownership, and divorce. Our Lafayette law office is well-versed in handling DV cases, leveraging our extensive knowledge of local judges, attorneys, schools, and other key factors essential for managing these complex situations.

Core Domestic Violence Offense

The core domestic violence offense involves causing a traumatic condition to a spouse, former spouse, a person with whom the offender has or previously had a dating or engagement relationship, a person with whom the offender has a child, or a cohabitant. However, DV cases are deeply rooted in complex human factors that extend beyond the crime’s elements.

Legal Definition

According to Penal Code Section 273.5(a), “Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony and shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.”

Impact of DV Charges and Convictions

Beyond the basic DV crime, the impact of a DV charge or conviction is significant. A domestic violence conviction can greatly affect child custody issues in a divorce, professional licenses, and employment. Courts and prosecutors are very aggressive with domestic violence cases due to their potential for repeated and escalating violence.