Domestic Violence Cases

One of the foremost areas of criminal prosecution in California today involves domestic violence or spousal abuse cases. Increasingly, the consequences of a domestic violence case can be extremely severe, with many prosecutors and courts demanding jail time for the accused. If you have been accused of domestic violence, it is in your best interest to hire an attorney highly experienced in the area of domestic violence defense.

Domestic violence can be charged in several different ways. These include a violation of Penal Code Section 273.5(a), also known as spousal abuse, or co-habitant abuse. Violations of Penal Code Section 273.5(a) involve incidents between a husband and wife, a boyfriend and girlfriend, or between adults that live together. If there are prior incidents of domestic violence on the defendant's record, or if the injury inflicted was extremely serious, the domestic violence charges can be filed as a felony.

In cases of husband-wife, boyfriend-girlfriend, or co-habitant domestic violence with no injury, the charge is generally filed as a violation of Penal Code Section 243(e). A violation of Penal Code Section 243(e) is a misdemeanor.

Another common charge in the area of domestic violence is a "straight battery" under Penal Code Section 242. A reduction to a charge of Penal Code Section 242 is a common plea bargain in domestic violence cases, and an experienced attorney can often achieve that result.

In cases of domestic violence, the minimum sentences usually include a 52-week domestic violence class, a fine, and other costs. Often, jail time or community service will be required along with a donation to a battered women's shelter. We will try to have your felony domestic violence charge reduced to a misdemeanor, or your misdemeanor domestic violence charge reduced to a less serious misdemeanor charge. In some cases, it is also possible to obtain reduced charges to non-violent offenses, or a reduction or elimination of the domestic violence classes.

Attorneys at McGregor & Ernenwein have tried many domestic violence cases to jury trial. McGregor & Ernenwein has a long history of success in representing clients before juries in cases of domestic violence. Our attorneys have obtained many acquittals for clients charged with domestic violence. In addition, many domestic violence cases can be negotiated to a dismissal or successful plea bargain, even before a jury trial, based upon insufficiency of the evidence.

If you have been accused of a domestic violence charge, call an experienced domestic violence defense attorney at McGregor & Ernenwein today for a free consultation.