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If you have been arrested for a Felony 273.5 domestic violence offfense it is imperative that you get legal help as quickly as possible.  There will be many factors involved in a domestic violence cases from the beggining.  We have handles hundreds of domestic violence cases in Fresno County alone.  I will personally handle your case. 

If you have questions after reading this article don't hesitate to give us a call. 559441-1418.

You should know that if you have been arrested for domestic violence you may have a restraining order against you but not her.  What this means is that the alleged victim may attempt to contact you which is perfectly legal but you may not speak to her.  This could be a trap, many times the alleged victim will be taping the calls or giving over the text or emails to law enforcement to help in the investigation.  This is one of many different tactics used by law enforcement to attempt to prosecute you for Felony Domestic Violence.

Further, if you bailed out and then contact the victim while there is a restraining order in affect you can have your bail revoked, and charged with violation of the restraining order.  There could also be child custody issues involved.  In other words how do you see your children if there is restraining order in affect?

FIRST WHAT IS FELONY DOMESTIC VIOLENCE UNDER PENAL CODE SECTION 273.5

The elements for the offense are as follows:

1. Defendant willfully (meaning on purpose) inflicted injury on victim.

2. Victim was either:

defendant's spouse or former spouse

person with whom he or she is or was cohibitating with

fiance or someone with whom the offender has, or previously had, an engagement or dating relationship

the mother or father of his or her child

3. Corporeal injury resulted in a traumatic condition.

 

If you are found guilty or plead guilty of this crime you could be sentenced to state prison for a period  of 2, 3 or 4 years and

you could lose your gun rights for life is you are convicted of a Felony you will not have the right to own or possess a firearm.  Further, if you are found to have inflicted great bodilly injury to the victim you could have a strike offense on your record for future purposes.

In Fresno County you willl be ordered to complet a 52 week batterer treatment program if you are given probation.

CAN I GET PROBATION IF FOUND GUILTY OR PLEAD GUILTY TO A VIOLATION OF 273.5

YES depending on many circumstances you could be afforded Felony probation such as your prior record, the severity of injuries, and taking responsibility at an early stage in the proceedings among many others.

WHAT ARE SOME OF THE DEFENSES TO AN ALLEGED VIOLATION OF 273.5

This is not meant to be a complet list only a partial list there could be many other defenses to this charge.

1.Self defense that at the time you inflicted injury you were defending yourself from attack or somoene else.  Often men and women will be legally defending themselves at the time the injury was caused but because the police show up and there is injury to only one party they arrest the other person.

2. False accusations

Sometimes people get injured from something and then just make up a false accusation to make sure the other party is arrested.  We have even seen where someoene injured themselves and called police.  When emotions are involved many things can happen in domestic violence cases there is many emotions and other things involved. 

If  you have been arrested or think you may be give us a call for a case evaluation.

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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