Domestic Violence Attorney San Bernardino
Criminal Defense for Domestic Abuse Allegations, Arrests & Charges
"Domestic violence is taken very seriously by law enforcement and prosecuting attorneys. When violence is allegedly committed against a spouse, family member, or other loved one, the police typically make an arrest at the scene.
They assess the situation and are required to make an arrest if they have reason to believe that domestic violence occurred. If the police provide sufficient evidence to the prosecuting attorney’s office, the prosecutor assigned to the case can decide to press charges – even if the victim does not want to.
Representing defendants across San Bernardino and the surrounding areas in California, the Law Office of Dennis Kuntz is committed to personalized attention and experienced criminal defense counsel in the face of domestic violence charges.
If you want to know how our team can begin fighting for you, please call for a free consultation.
How Serious Is a Domestic Violence Charge?
Allegations of domestic violence carry major criminal charges and security repercussions. If a person has two or more previous convictions of domestic violence, a third charge is prosecuted as a third-degree felony. You should hire a criminal defense lawyer who can challenge the charges early and aggressively to limit the damage.
Your San Bernardino lawyer will gather the necessary evidence for the court to reach a decision on your domestic violence case. The gravity of these charges means that the consequences can include fines, mandatory counseling programs, restraining orders, and even significant jail time. The impact on one's personal and professional life can be detrimental, underscoring the importance of a robust defense strategy tailored to your specific circumstances.
Call San Bernardino criminal lawyer Dennis Kuntz today at (909) 200-4045.
About Domestic Violence Charges
Domestic violence can be categorized as both physical and non-physical harm or threats of harm. Different levels of crime involve: harming, attempting to harm, or threatening to harm a:
- Family member
- Spouse
- Ex-spouse
- Girlfriend
- Boyfriend
- Another person you are living with
- Or have had a romantic relationship with
It is the involvement of a family member or cohabitant that classifies certain acts as domestic violence. San Bernardino has specific laws and penalties that apply to domestic violence charges, and understanding these can greatly affect the outcome of a legal proceeding. Engaging with a knowledgeable attorney who is well-versed in local regulations ensures that every strategic avenue is explored to protect your rights.
By hiring a qualified domestic violence lawyer practicing in San Bernardino, you have a promising determination for your domestic violence case. Having legal representation can provide peace of mind, as an attorney can guide you through court proceedings, negotiate with prosecutors, and seek the best possible resolution.
There are many types of criminal acts that may fall under the umbrella of domestic violence charges in San Bernardino:
- Assault
- Battery
- Physical abuse
- Sexual abuse
- Emotional abuse
- Child endangerment
- Child abuse
- Stalking
- Harassment
- Criminal threats
Understanding San Bernardino Domestic Violence Laws
Domestic violence laws in San Bernardino are complex and aim to protect victims while also ensuring the rights of the accused are upheld. California law defines domestic violence as abuse or threats of abuse when the people involved are in a close personal relationship. This includes not only physical acts but also emotional and psychological abuse where credible threats are present. Understanding these nuances is vital for anyone involved in such a legal matter.
The California Penal Code sections 273.5 and 243(e)(1) cover domestic battery and other forms of abuse. Violations of these can lead to misdemeanors or felonies depending on the circumstances and previous offenses. The stringent nature of these laws means that having legal representation from someone familiar with the local court system and its intricacies is crucial. A lawyer who understands local trends and the specific approaches taken by San Bernardino prosecutors can tailor a defense strategy to reflect these local legal standards.
Strategies for Defending Against Domestic Violence Charges
Building a defense against domestic violence accusations can be challenging and needs meticulous planning and execution. Common defense strategies include demonstrating a lack of intent to harm, proving false allegations (often in contentious circumstances like custody disputes), or showcasing evidence that the act was in self-defense. These defenses require not only a firm grasp of legal principles but also a strategic understanding of how to present these arguments in court effectively.
Collaborating with a knowledgeable attorney is essential. A skilled defense attorney will collect evidence, communicate with witnesses, and collaborate with experts to challenge the prosecution's evidence. Understanding the client’s perspective and crafting a personalized defense grounded in factual evidence can alter the trajectory of the case. This underscores the importance of picking a domestic violence attorney San Bernardino who is committed to thorough preparation and a tailored defense unique to each client's circumstances.
Frequently Asked Questions
What Should I Do If Accused of Domestic Violence in San Bernardino?
If you're accused of domestic violence in San Bernardino, it's crucial to remain calm and seek legal counsel immediately. Engaging an experienced domestic violence lawyer near me early in the process can safeguard your rights. It's advisable to refrain from making any statements to the police without your lawyer present, as anything said can be used against you in court. Understanding that domestic violence charges can have immediate repercussions, it's essential to follow legal guidance provided by your attorney to navigate this tough situation.
How Can a Domestic Violence Charge Affect My Life?
A domestic violence charge can have profound implications on both your personal and professional life. Beyond legal penalties like fines, probation, or imprisonment, it may impact employment opportunities due to the public nature of such charges. Personal relationships could also suffer due to the emotional strains involved. Additionally, a conviction may lead to losing custody of children if family court proceedings are involved, and it may limit contact with loved ones if restraining orders are issued. Having effective legal representation can mitigate these impacts to uphold your interests.
Are There Local Resources for Domestic Violence Victims in San Bernardino?
San Bernardino offers several resources for domestic violence victims, helping them seek safety and support. These include shelters like Option House, which provides emergency housing and counseling services. The San Bernardino County's family support services also offer guidance and assistance to those in crisis. The presence of these local programs underscores the county's commitment to supporting individuals affected by domestic violence, facilitating their recovery process and offering them the tools to rebuild their lives with dignity.
What Legal Penalties Can Result From a Domestic Violence Conviction?
The legal penalties for a domestic violence conviction in San Bernardino vary depending on the severity of the incident and prior convictions. Possible consequences range from mandatory counseling, probation, community service, or restraining orders to jail time. Felony convictions can lead to more severe sentences, affecting the ability to secure employment or housing. Understanding these penalties highlights the importance of a robust defense strategy. Legal counsel can negotiate lesser charges or alternative sentencing, emphasizing the necessity of seeking a knowledgeable attorney promptly.
How Do Restraining Orders Work in San Bernardino?
Restraining orders are a common legal tool in domestic violence cases, intended to protect victims from further harm. In San Bernardino, a petitioner can request a temporary restraining order, which may later become permanent or extendable upon review. These orders may dictate personal contact restrictions, child custody arrangements, and limitations on certain rights like firearm possession. Violating a restraining order in San Bernardino can lead to additional legal issues, including contempt of court charges, further emphasizing the importance of understanding and abiding by these legal boundaries.
Why Hire Us?
You need a San Bernardino criminal defense attorney if you have been accused of any kind of domestic abuse. From the moment the police are called to the scene, your rights and freedom are in danger. Even if the call was made in the heat of anger and the alleged victim does not want to move forward with a case against you, the police and prosecuting attorney may have other ideas. Only a skilled domestic violence attorney can protect your rights and interests.
An attorney from our firm understands the complexities of domestic violence cases and will provide a vigorous defense to every client. We take a comprehensive approach, examining all evidence, interviewing witnesses, and utilizing all relevant laws to build the strongest defense possible. Our commitment extends beyond legal defense; we offer compassionate support and clear communication throughout the process to help you navigate these challenging times.
Contact our law firm today at (909) 200-4045 and find out how our attorneys can help with your domestic violence case.
Real People. Real Reviews
Hear From Our Past Clients
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I was very worried about my case which was an old case that Dennis Kuntz took care of perfectly. He keeps in contact and really put me at ease. I would highly recommend his services to anyone who is lucky enough to have him.- Jennifer
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Mr. Kuntz was professional and very helpful. Whenever I needed clarification, he was always available to answer my questions. I appreciated the fact that I wasn't being considered just another client, but a person who truly needed counsel. When dealing my first DUi in 2004, I hired a "Big Shot" attorney to handle my case. I was highly overcharged, and had many confusing ordeals which felt unnecessary. I was not satisfied to say the least, and felt like I got robbed. My experience with Mr. Kuntz was a breath of fresh air, and I would definitely recommend hiring a dedicated, genuine attorney like him.- Riley
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Mr. Kuntz handled my case professionally and kept me informed of my options from start to finish. Made me feel comfortable knowing I was in good hands. More than satisfied with the outcome.- Tom
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We felt very confident with Mr. Kuntz, and appreciated the lengths he would go to for our case. When information was confusing, he was very clear about the next step, and what results to expect. He never made us feel like we weren't a priority. Not to mention, we received the absolute BEST possible outcome in our situation. Needless to say, we were very satisfied.- Denise
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I had really gotten myself into serious, felonious trouble. Looking at 3 to 5 state prison time. I cannot say enough about how dedicated Dennis was to me and my situation. Not often do you feel like someone who doesn't know you at all, really CARES about you, and what he can do for you. Not once did Dennis give up on getting me the best possible outcome to my case. It's obvious that Dennis loves what he does, will go the extra mile to work hard and really WANT the best for you. I will forever be grateful that I retained Dennis for my case. Because of his hard work, relationships with the court, and his overall passion for what he does, I will be able to get a job, be able to vote, and get on with my life with no jail time, and a misdemeanor rather than a felon on my record. If you ever find yourself needing a , hard working, loyal, compassionate lawyer, I definitely recommend Dennis.- Former Client
Your Dedicated Legal Advocate Meet Attorney Dennis Kuntz
At Law Office of Dennis Kuntz, our team of skilled and understanding legal professionals proudly provides comprehensive and efficient legal services for all clients.
