In Alhambra, CA, the alleged victim can't drop a domestic violence case. Once police make an arrest, the prosecutor decides whether to file charges, and a single 911 call can lead to a protective order that keeps you out of your own home and a case that follows you for years. Whether it was a misunderstanding, an exaggeration, or a false accusation, you need a Alhambra, CA, criminal defense lawyer on your side right away.
Domestic violence is different from regular violent crimes because of the status of the alleged victim: If it was your spouse, dating partner, co-parent, or someone you used to date and/or live with, you can face special domestic violence charges like domestic battery or corporal injury on a spouse or cohabitant.
Our Alhambra domestic violence defense team will defend your rights and challenge the prosecution's narrative. We will listen to your story, build a defense around it, and keep you informed about updates to your case — and we're ready to get started today.
Protect Yourself by Taking These Three Steps:
- Plead the fifth.
- Call our office (you can reach us by phone around the clock): (800) 755-5174.
- Do not try to "clear things up" with the alleged victim.
On this page:
- An outline of the key domestic violence statutes in Alhambra, CA
- 7 key steps to take if you're accused
- The different parts of the post-arrest process in Alhambra, CA
- How restraining orders and custody cases overlap with the criminal case
- Possible formal and collateral consequences of a domestic violence conviction
- Special considerations for immigrants and non-citizens
- Diversion, reductions, and expungement
- What happens if the alleged victim won't testify
- Different ways our lawyers may defend your case
- How our attorneys handle domestic violence cases
- What sets our lawyers apart
- Frequently asked questions
If you're facing domestic violence allegations, act fast. Call our criminal defense lawyers at (800) 755-5174 or contact us online today for a free, confidential consultation.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
What Counts as Domestic Violence in Alhambra, CA?
If you're accused of a domestic violence charge in Alhambra, you should review California Penal Code § 13700. This sets who can count as a domestic violence victim in California: "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."
Family law uses a broader definition. For protective orders, Family Code § 6211 also covers close relatives such as a parent, child, sibling, or grandparent. This means that a domestic violence restraining order has different standards than a domestic violence criminal conviction.
There are three main elements the prosecution will attempt to prove in your Alhambra, CA, domestic violence case:
- You made physical contact with the alleged victim, causing harm or offense (and, for corporal injury, that the contact resulted in injury);
- There were no extenuating circumstances like self-defense; AND
- The alleged victim had a close/romantic relationship with you as defined in California Penal Code § 13700.
Domestic Battery
- Statute: PC § 243(e)(1)
- What it means: Touching someone forcibly, violently, or offensively — so long as the alleged victim is a current or former romantic partner.
- Misdemeanor or Felony: Misdemeanor
Inflicting Corporal Injury on a Spouse or Cohabitant
- Statute: PC § 273.5
- What it means: Purposely hurting a current or former romantic partner that causes a particular physical injury—examples include sprains and internal bleeding.
- Misdemeanor or Felony: Wobbler—can be charged either way
The Key Difference: Was There an Injury?
Whether or not there was an injury is the difference in what you get charged with: No injury means domestic battery charges, while any physical trauma means a corporal injury charge. In terms of penalties, the maximum jail sentence for domestic battery is one year, while a felony corporal injury charge can result in up to 5 years (though this can be extended depending on your record).
Charges Often Filed Alongside Domestic Violence
In addition to a domestic violence charge, you could face any of the below related violent crime charges:
- Criminal Threats (PC § 422): Scaring someone by indicating that you intend to cause them harm. This can count as a strike if charged as a felony.
- Dissuading a Witness (PC § 136.1): Taking steps to stop a person from reporting a crime, helping investigators, or testifying in court
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or taking or breaking a cell phone, such as if done in order to stop them from contacting the police.
- False Imprisonment (PC § 236): Restricting someone's ability to leave a location, and/or unlawfully restraining them against their will.
- Assault With a Deadly Weapon or Force Likely to Cause Great Bodily Injury (PC § 245(a)): Using a weapon, or massive force, in an attack that could seriously hurt another person.
- Stalking (PC § 646.9): Making a person afraid of you by following them and threatening them.
- Restraining Order Violations (PC § 273.6): Acting in violation of a restraining order issued by the court.
- Child Abuse (PC § 273d): Physically hurting a child, either completely unjustified or through excessive punishment.
- Elder Abuse (PC § 368): Abusing or neglecting someone 65 or older, or a dependent adult, such as an elderly parent.
- Sexual Battery (PC § 243.4): With a sexual motive, touching another person's privates without permission.
- Revenge Porn (PC § 647(j)(4)): Trying to hurt another person emotionally by sharing nude, sexual, or otherwise intimate pictures of them, when intended to be private, without their permission.
Your Next Steps After a Alhambra, CA, Domestic Violence Accusation
What you do now can make all the difference for your future. Don't miss any of the below steps if you want to maximize your chances of a positive outcome:
- Exercise your right to remain silent. That includes with friends, family and on social media.
- Request an attorney.
- Do what you can to secure pretrial release.
- Read any protective orders carefully and follow all of the applied conditions.
- Gather any evidence that is relevant to your case — don't delete anything, as you could be charged with obstruction of justice.
- Tell your defense attorney the full story. The conversation is confidential.
- Stay away from the alleged victim — it's never a good idea to reach out, especially if there is a protective order in place.
It's critically important for you to make the right decisions now. Our domestic violence defense attorneys are ready for your call, day and night: (800) 755-5174.
Alhambra's diverse communities and historic neighborhoods near the Alhambra Hospital Medical Center create pressures that can lead to domestic violence allegations in high-density housing along Main Street. The Law Offices of David S. Chesley appear at the Alhambra Courthouse on West Commonwealth Avenue, applying strategies tailored to Los Angeles County's specific legal landscape.
What Happens After a Domestic Violence Arrest in Alhambra, CA?
Don't underestimate the justice system. Here's what you need to be prepared for after an arrest in Alhambra, CA:
- Arrest: After a domestic violence call, an officer who arrives on scene will evaluate the situation and can make an arrest based on probable cause. This does not mean they have to have witnessed the alleged attack — they can make an arrest just for suspecting that an attack took place (PC § 836(d)).
- Booking: This is standard for any arrest — your fingerprints and photograph are taken, then you'll be sent to jail.
- Emergency Protective Order: In many domestic violence cases, the state will elect to file an emergency protective order against the alleged offender after the arrest. This is not guaranteed, but can have major repercussions, potentially forcing you out of your home for a week.
- Interrogation: While under arrest, the police may ask you about the incident. Plead your right to remain silent and request to speak with your lawyer.
- Bail and Release: Many domestic violence charges mandate that there is a bail hearing before you are released. Your attorney can argue for your release at that hearing.
- Filing Decision and Arraignment: While you're in custody, the police report is sent to the district attorney's office for review. If you're in custody, you must generally be arraigned within 48 hours, not counting Sundays and holidays (PC § 825). At arraignment you'll hear the charges and enter a plea, and the judge will usually issue a criminal protective order.
- Pretrial Stage: At this point, it is time for you and your attorney to build your defense, engage in negotiations, review the evidence, and prepare for trial.
- Trial: If the charges aren't dropped, and you can't find an agreeable plea deal, your attorney will fight your case in court.
Can You Go Home After a Domestic Violence Arrest?
Depending on release conditions, you will have to wait. The restraining orders often filed in domestic violence cases can keep you out of a shared dwelling while the case is pending. That's true even if the alleged victim wants you back. Breaking a protective order, regardless of whether they asked you to or not, can lead to new charges. Instead of taking the risk by visiting the alleged victim in violation of your order, you should ask your defense attorney about options like a "peaceful contact" order that would lighten the restrictions.
Domestic Violence, Restraining Orders, and Custody
Alhambra, CA, domestic violence cases often overlap with restraining orders and custody disputes. Your actions now can affect your criminal case, your child custody rights, and your restraining order. Work with an attorney who has experience in all three arenas.
Types of Restraining Orders in Domestic Violence Cases
When facing domestic violence allegations, here are the three typical types of Restraining orders you may be up against:
- Emergency Protective Orders: These are a short-term restraining order, lasting 5 court days or 7 calendar days (whichever comes first). They are typically administered after a domestic violence arrest, but the arrest is not required for the police officer to file for one.
- Criminal Protective Orders: PC § 136.2 gives the judge the power to issue a restraining order against alleged offenders while their case is pending. If the case ends in a conviction, a new one can be issued for up to 10 years.
- Domestic Violence Restraining Orders (DVROs): Requested by the alleged victim in family court. A temporary order can be issued the same day without notice to you and lasts until a hearing, usually within about three weeks. After the hearing, a DVRO can last up to 5 years and can be renewed for another 5 years or permanently (Family Code § 6345).
Domestic Violence Accusations and Custody Cases
Domestic violence findings can reshape a child custody case. Under Family Code § 3044, if a family court finds that a parent committed domestic violence against the other parent, the child, or the child's siblings within the past five years, the law presumes that giving that parent sole or joint custody is not in the child's best interest. No criminal conviction is required. A finding in family court, including one made when a DVRO is granted, can trigger the presumption.
The presumption can be overcome. The court will look at:
- The best interest of the child in question
- Completion of a batterer's intervention program
- Completion of alcohol or drug counseling, if appropriate
- Completion of a parenting class
- Compliance with probation and any protective orders
- How long ago the incident supposedly happened
The good news is that, even if custody is revoked, the accused parent will likely still have visitation rights, with restrictions. Your lawyer can help you file countermotions to regain custody and/or lift those restrictions.
Domestic Violence Penalties in Alhambra, CA
Learn about the potential penalties that a domestic violence conviction in Alhambra, CA, could result in (and similar charges).
| Offense | Statute | Misdemeanor / Felony | Jail / Prison Time* | Fines* |
|---|---|---|---|---|
| Domestic Battery | PC § 243(e)(1) | Misdemeanor | Up to 1 year in county jail | Up to $2,000 |
| Corporal Injury on a Spouse or Cohabitant | PC § 273.5 | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years (2, 4, or 5 years with a qualifying prior within 7 years) | Up to $6,000 (up to $10,000 with a qualifying prior) |
| Dissuading a Witness | PC § 136.1 | Wobbler (felony is a strike) | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years (2, 3, or 4 years if aggravated) | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Criminal Threats | PC § 422 | Wobbler (felony is a strike) | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Stalking | PC § 646.9 | Wobbler | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years (longer if a restraining order was in place or with prior convictions) | Up to $1,000 |
| Restraining Order Violation | PC § 273.6 | Misdemeanor (wobbler for certain repeat violations) | Up to 1 year | Up to $1,000 (up to $2,000 if someone was injured) |
| False Imprisonment | PC §§ 236, 237 | Wobbler | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Assault With a Deadly Weapon / Force Likely to Cause GBI | PC § 245(a) | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years | Up to $10,000 |
| Sexual Battery | PC § 243.4 | Wobbler | Misdemeanor: up to 6 months Felony: 2, 3, or 4 years | Misdemeanor: up to $2,000 Felony: up to $10,000 |
| Revenge Porn | PC § 647(j)(4) | Misdemeanor | Up to 6 months | Up to $1,000 |
| Child Abuse | PC § 273d | Wobbler | Misdemeanor: up to 1 year Felony: 2, 4, or 6 years | Up to $6,000 |
| Elder Abuse | PC § 368(b) | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years | Misdemeanor: up to $6,000 Felony: up to $10,000 |
*These incarceration ranges and fines can be increased by aggravating factors. For example, causing great bodily injury in a domestic violence incident adds 3, 4, or 5 years and makes the offense a strike, and sexual battery convictions require sex offender registration. To get a full breakdown of the potential penalties in your case, talk to your Alhambra, CA, domestic violence defense lawyer.
Domestic Violence Probation
It's common for domestic violence plea deals to result in probation, rather than jail time. Mandatory probation conditions are set in PC § 1203.097:
- 36 months or more of probation
- The issuance of a restraining order in defense of the alleged victim
- Completion of a 52-week batterer's intervention program
- A minimum $500 payment to domestic violence programs (the court can reduce or waive it if you can't pay)
- Community service
- Removal of firearms
- No new law violations
California's 2021 law capping most probation terms at one or two years (AB 1950) does not shorten domestic violence probation, because the domestic violence probation statute sets its own length.
Collateral Consequences of a Domestic Violence Conviction
In addition to jail time and fines, your Alhambra, CA, domestic violence conviction can lead to the following:
- Loss of Second Amendment Rights: A misdemeanor domestic battery conviction brings a 10-year California firearm ban (PC § 29805) and a lifetime federal ban (18 U.S.C. § 922(g)(9)). A misdemeanor PC 273.5 conviction on or after January 1, 2019, is a lifetime ban under California law, and any felony is a lifetime ban.
- Immigration Consequences: You could face removal, denial of a green card, and/or rejection of citizenship applications. Learn more in the immigration section below.
- Custody: A conviction often leads to the full loss of child custody after a family court case.
- Long-Term Protective Orders: You could be fighting and/or restricted by criminal protective orders and DVROs for years, or the rest of your life.
- Employment and Licensing: You could lose your career while in jail and face new challenges looking for employment once you are released.
- Relationships and Reputation: A conviction can strain your current relationship and follow you socially and professionally.
Domestic Violence Charges and Immigration
Even just an accusation of domestic violence can be seriously damaging for non-U.S. citizens, if a restraining order was issued. If either of the following are true, you could face deportation (INA § 237(a)(2)(E)):
- Any conviction that fits the federal criteria for domestic violence
- A judicial finding that you broke a protective order (regardless of whether or not you were convicted of a crime for it)
Some domestic violence offenses can also be treated as crimes involving moral turpitude, which carry their own immigration consequences. The exact statute and the facts in the record of conviction matter. Federal courts have generally treated a PC 243(e)(1) domestic battery conviction as less damaging for immigration purposes than a PC 273.5 conviction, but the analysis depends on the specific case.
If you're a noncitizen, you don't just need a criminal defense law firm. You need an immigration lawyer who can help you understand the potential impacts of these charges. Plea deals that seem appealing on the surface can have hidden immigration consequences — an attorney can help you make an informed choice.
Diversion, Reductions, and Clearing Your Record
A domestic violence arrest doesn't have to end in a permanent conviction. Standard misdemeanor diversion under PC § 1001.95 is not available because the law expressly excludes domestic violence and stalking charges. But depending on your case, other options may include:
- Pre-Filing Intervention: If you call an attorney early enough, they may be able to get ahead of the arraignment and show the district attorney evidence which compels them to not even file charges in the first place.
- Mental Health Diversion (PC § 1001.36): While not available to everyone, mental health diversion can be a powerful option resulting in the dismissal of all charges. Typically, your criminal case is put on hold for up to 1 year (for misdemeanors) or 2 years (for felonies) while you undergo treatment.
- Military Diversion (PC § 1001.80): Current and former service members charged with a misdemeanor may qualify if they suffer from service-related PTSD, traumatic brain injury, sexual trauma, substance abuse or mental health problems.
- Reduction to a Misdemeanor (PC § 17(b)): This specifically applies for felony corporal injury cases — a reduction to a misdemeanor helps you avoid some of the most serious consequences of a conviction.
- Expungement (PC § 1203.4): While expungement does not perfectly restore your record, it can help with future employment applications.
What if the Alleged Victim Doesn't Want to Testify?
Domestic violence cases are complex affairs, and it's common for the alleged victim to later change their mind and ask the state to drop the charges. That can help your defense, their words can still be used against you:
- Prosecutors can sometimes proceed without the alleged victim. If they can, they'll build a case against you using other evidence besides the alleged victim's testimony. Your defense attorney can challenge the constitutional viability of any related evidence they attempt to use.
- Your record can be examined. California Evidence Code § 1109 sets special conditions which allow prosecutors to use evidence from old domestic violence cases in the current case (generally going back up to 10 years).
- Spousal privilege doesn't apply. Normally a spouse can refuse to testify against the other, but that privilege has an exception for crimes against the spouse (Evidence Code § 972(e)).
Be Careful: Neither you nor anyone acting for you should ask the alleged victim to stay away from court, which can be charged as dissuading a witness. Your attorney can lawfully inform the court that the supposed victim is recanting, file motions against other forms of evidence, and highlight any contradictions and/or inconsistencies.
Defense Strategies Your Domestic Violence Attorney May Use
The defense to your criminal charges may be built on a common strategy, but it should be tailored to your unique circumstances. Some cases are best defended using procedural errors, like pointing out rights violations. Others may depend on an alibi that shows you weren't there at the time. And others concede that someone was hurt but dispute intent or who started it.
The following list goes over some popular defense strategies your Alhambra domestic violence defense attorney may use:
- False Accusation: If you're in the middle of a complicated breakup, emotions are running high, and your partner might make a false accusation. Your defense attorney should consider the potential motives of the accusor.
- Self-Defense or Defense of Others: You can lawfully use reasonable force to protect yourself or someone else from imminent harm.
- Dominant Aggressor: When both people were physically involved, the key question is who was the primary aggressor. Injuries, prior history, witness accounts, and 911 recordings can show that you were defending yourself, not the one who started it.
- Lack of Intent or Accident: In some cases, the alleged offender accidentally hurt the alleged victim. This typically does not reach the bar of "domestic violence."
- No Traumatic Condition: For a PC 273.5 charge, the prosecutor must prove the touching caused an injury. Where an injury is minimal, unexplained, or existed beforehand, that can mean a reduction to misdemeanor battery or a dismissal.
- Alleged Victim Recants: As discussed above, it's not possible for the supposed victim to drop criminal charges. However, if they recant, that can create a major hole in the case against you, which your defense attorney can exploit.
- Reasonable Doubt: In some cases, rather than building a proactive defense, our attorneys challenge the prosecution's evidence and show that they failed to provide proof beyond a reasonable doubt.
- Alibi: When available, an alibi shows you could not have committed the alleged offense.
- Constitutional Violations: If the prosecution's case hinges on evidence that was collected illegally, we will challenge it, file motions to suppress it, and argue for charges to be dismissed entirely.
How the Law Offices of David S. Chesley Defends Domestic Violence Charges
Our team is available 24/7 to get started on your case. When you call, here's what you can expect:
- Confidential Consult: Everything starts with a free, confidential case review.
- Bail and Protective Orders: We work to get you released and, where appropriate, ask the court to modify protective orders so you can return home or see your children.
- Guidance During Questioning: Don't try to face a police interrogation alone — we will stand by your side and advise you on how to respond.
- Defense Investigation: Our team will listen to your story and look for any additional evidence.
- Strategy Development: When we have all the evidence we need, we'll decide on a defense strategy that maximizes your chances of a positive outcome.
- Pretrial Motions: Motions give us a chance to challenge evidence and push for charges to be reduced or dismissed.
- Plea Negotiations: Our firm can talk to the Alhambra district attorney and explore plea deal options.
- Trial Representation: Most cases end in a plea bargain, but you have the right to a trial — if you exercise it, we'll go to court with you.
- Sentencing Advocacy and Appeals: If your case ends in a conviction, we can advocate for a lighter sentence and help with appeals, reductions, and expungement.
Why Choose the Law Offices of David S. Chesley for Domestic Violence Defense in Alhambra, CA
Our firm has over 50 years of combined courtroom experience. We've been judges, prosecutors, and police officers, and we know where common weaknesses are in the state's cases.
Here's what sets us apart from other criminal defense firms in Alhambra, CA:
- Former district attorneys on our team that can draw on their experience on the other side of the courtroom.
- Combination criminal defense and Alhambra immigration services, because noncitizens deserve special attention to their unique circumstances.
- Emergency availability, so that you can get a hold of our team around the clock.
- Results for clients. Our former clients can attest to our dedication to protecting their rights.
In a previous case, our client was accused of committing assault with a deadly weapon and domestic violence for hitting the alleged victim with a car. We examined the evidence of the injury, argued with the district attorney, and were able to secure a full dismissal of charges for our client.
Every case is unique — examples used above are not necessarily representative of future case results.
Alhambra, CA Domestic Violence FAQs
Will I go to jail for a first-time domestic violence offense in Alhambra, CA?
It's possible to go to jail for a first-time offense, but not guaranteed. Many first-time misdemeanor domestic violence cases are resolved with probation rather than jail, especially when there was little or no injury and the accused has no record. If you are given probation, it will include several terms, including the following: a minimum of 36 months of probation, a 52-week batterer's intervention program, and a restraining order. Always discuss your case with an attorney to find realistic plea deal options.
Is a domestic violence conviction in Alhambra, CA, a felony?
That depends on what the Alhambra prosecutor chooses to charge in your case. While domestic battery can only be charged as a misdemeanor, inflicting corporal injury could be either a misdemeanor or a felony. Related charges such as criminal threats, stalking, and dissuading a witness are also wobblers.
What is the difference between domestic battery and corporal injury?
Domestic battery (PC 243(e)(1)) includes any attempt to hurt or offend someone through touching, if that person is a current or former romantic partner. The attempt does not need to be successful. Corporal injury (PC 273.5) requires that the touching caused a "traumatic condition," meaning any wound or injury, however minor, including injury from strangulation. Because of that injury requirement, corporal injury is the more serious charge and can be filed as a felony.
Can the victim drop domestic violence charges in Alhambra, CA?
No. Once charges are filed, only the prosecutor can drop the charges. An alleged victim who recants or does not want the case to go forward can still help your defense, but that does not guarantee a dismissal.
Can police arrest me for domestic violence if nobody is hurt?
Yes. For police to make an arrest, they only need probable cause — not to witness a crime occurring or observe an injury. In fact, they are required to make an arrest in domestic violence cases if there is probable cause.
Am I allowed to go home after release from a domestic violence arrest?
Often not right away. Police commonly obtain an emergency protective order, and the criminal court usually issues a criminal protective order at arraignment that can require you to stay away from the alleged victim and the shared home. Violating either order is a separate crime, even if the alleged victim invites you back. Your attorney can ask the judge to modify the order, for example, to allow peaceful contact.
Will a domestic violence charge affect my immigration status?
It can. But it depends greatly on the specifics of your case and the statute in question. Federal law says that any noncitizen convicted of a domestic violence crime or a protection order violation is eligible for deportation (8 U.S. Code § 1227). A full defensive strategy should include considerations for immigration impacts, and your criminal defense attorney should be someone who can represent you in immigration court as well.
Can I get diversion for a domestic violence charge in Alhambra, CA?
In California, many misdemeanor charges qualify for diversion (where instead of going to jail, the accused individual fulfils special requirements before having the case dismissed) under PC 1001.95, but domestic violence is an exception. These types of charges are specifically excluded from PC 1001.95. However, there are other diversion tracks that you might be able to make use of. One example is PC 1001.36 mental health diversion — if you suffer from a mental health condition like PTSD or bipolar disorder, and that significantly contributed to the commission of the offense, you might be eligible for this diversion track. These can be great options for eligible individuals, who can avoid a domestic violence conviction on their record.
Can a domestic violence conviction be expunged in Alhambra, CA?
Usually, yes. Generally, you need to fit the following criteria:
- You did not serve a jail sentence (e.g., you were granted probation).
- You have completed all probation requirements.
- You have no pending criminal charges or warrants.
- You have not previously been convicted of a serious offense that bars you from expungement.
An expungement does not restore firearm rights, and it does not erase the conviction for immigration purposes.
Will a domestic violence conviction take away my gun rights?
Very likely. Both the state of California and the federal government have legal bans in place for firearm ownership when someone has been convicted of domestic violence: In California, domestic battery convictions carry a 10-year firearm ban. Misdemeanor corporal injury convictions on or after January 1, 2019, and any felony convictions carry a lifetime ban in the state. For the federal government, any domestic violence conviction carries a lifetime firearms ban. Important Note: Always assume that federal law takes precedence over state law in these cases, as they are more restrictive. Domestic violence restraining orders and protective orders also require you to give up your firearms while they are in effect.
How long does a domestic violence case take in Alhambra, CA?
Anywhere from a few months to more than a year. If you've just been accused and arrested, the initial arraignment and bail phase typically occurs within 48 hours (excepting Sundays and holidays). After being charged, the majority of Alhambra criminal cases end in plea deals, but that can still take a long time to process — discovery, investigation, pre-trial motions, preliminary hearings, plea negotiations, and more can all drag a case out for months. If you do end up going to trial, this will further drag out your case.
Can a felony domestic violence charge be reduced to a misdemeanor in Alhambra?
Yes. Because PC 273.5 is a wobbler, you could be charged with either a misdemeanor or a felony. Your domestic violence lawyer can advocate for a reduction to a misdemeanor at many stages: During a pre-filing investigation conference, plea negotiations, at sentencing, or even after you've completed your probation requirements.
What should I do if I'm served with a restraining order while my criminal case is pending?
Always obey the protective order, even if the supposed victim changes their mind. Most domestic violence cases include restraining orders against the alleged offender, and a violation can bring new charges and hurt your criminal case. These orders can be challenged, though — the right defense attorney can help you make your case in court.
Talk to a Alhambra, CA, Domestic Violence Defense Lawyer Now
Whether it was a mistake, an exaggeration, or a false accusation, you have rights and deserve a strong defense. The Law Offices of David S. Chesley is ready to provide one.
We also aid with the following legal services in Alhambra, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact one of our team members at (800) 755-5174 or send us a message to plan a private consult with a domestic violence lawyer in Alhambra, CA.
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