Domestic Violence

Domestic Violence Attorney in Bakersfield

Your future matters and every decision you make today shapes what comes next. Accusations of domestic violence can threaten everything you’ve worked for—your reputation, career, and family relationships. The stakes are high, with the risk of jail time, fines, and restraining orders looming. That’s why it’s crucial to have a skilled legal advocate by your side.

At Humphrey & Thompson, we bring decades of experience and a deep commitment to defending those accused to every case of domestic violence that we handle. With a background as former prosecutors, we understand how the other side builds its case and use this insight to craft a strong defense strategy. Our mission is to protect your rights, amplify your voice, and fight for the best possible outcome.

Your future deserves a dedicated advocate. Call to schedule a consultation with a Bakersfield domestic violence attorney today.

What Is Domestic Violence?

Domestic violence refers to abusive behavior used to exert control over a partner, family member, or someone in a close relationship. Under California law, domestic violence can include various actions, such as physical harm, emotional abuse, threats, harassment, and even financial or psychological manipulation. Offenses like hitting, pushing, stalking, destroying property, or intimidating a victim to gain power or control may all fall under domestic violence laws.

These accusations are treated with the utmost seriousness and can lead to both criminal and civil legal consequences. Charges may result in restraining orders, mandatory counseling, fines, and jail or prison time. Additionally, domestic violence cases often come with unique complexities, such as disputes over child custody or immigration issues, which can further raise the stakes.

What Are the Penalties for Domestic Violence in Kern County?

Domestic violence is often classified as an enhancement charge added to another criminal offense, such as battery, assault, or harassment. In other words, it increases the severity of the original charge and can lead to harsher consequences if convicted.

A domestic violence enhancement may lead to extended jail sentences, longer probation periods, and higher monetary fines. A conviction could lead to a jail sentence of up to 6 years or more, with fines reaching as high as $6,000, depending on the specifics of the case, state laws, and whether it is a first-time or repeat offense.

Beyond the legal consequences, a domestic violence conviction can have far-reaching personal implications. For example, you may lose the right to custody of your children, creating emotional challenges for families. Convictions can also impede employment opportunities, affect professional licenses, and restrict firearm ownership. These consequences highlight the seriousness of a domestic violence charge and the importance of seeking legal counsel to address such cases.

Defenses Against Domestic Violence Charges

Several defenses may apply depending on the specifics of your case, and understanding these options can profoundly affect the outcome. At Humphrey & Thompson, we thoroughly examine each case to uncover flaws in the allegations and craft a targeted defense.

False Allegations

False claims occur more often than many might assume, usually stemming from emotional disputes, custody battles, or attempts to gain an advantage in legal or personal matters. These allegations can have devastating consequences, even when lacking evidence. Our attorneys work diligently to uncover inconsistencies, motivations, or credibility issues in the accuser’s claims, challenging them effectively.

Self-Defense or Defense of Others

If your actions were taken in self-defense or to protect another person, this could serve as a valid defense against domestic violence charges. The law allows reasonable force to counter a genuine threat. A skilled attorney can demonstrate how your actions were justified under the circumstances.

Lack of Evidence or Contradictory Evidence

Domestic violence cases often depend on limited evidence or one-sided accounts. If evidence is insufficient, contradictory, or circumstantial, it may weaken the prosecution’s case. We meticulously review police reports, witness statements, and other details to identify weaknesses and pursue dismissals or reductions in charges.

Mistaken Identity or Wrongful Arrest

Mistaken identity or errors in judgment by law enforcement can lead to wrongful accusations. These situations often arise in chaotic environments or from misinterpretation of events. By analyzing your arrest’s details and challenging discrepancies, we can work to demonstrate that you were wrongly accused.

Consent in Certain Situations

Some cases might involve mutually agreed behaviors, later mischaracterized as domestic violence. Consent may form a strong defense if the circumstances align. Proving this requires careful examination of the facts, but it can provide a substantial basis for disputing charges.

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Charges Reduced/Dismissed
Misdemeanor Sex Crime with Mandatory Sex Registration

Settled for no registration and time served after 5 days of trial ending in a mistrial.
Charges Reduced/Dismissed
Felony Sex Crime

Client was charged with a felony sex crime . His charges were reduced to a misdeanor. He received no sex offender registration and community service instead of jail.
Case Dismissal
Sexual Abuse

Allegation of Continuous Sexual Abuse Dismissed Before Trial.
Case Dismissal
Felony Sex Case

Felony Sex Case based on Undercover Decoy Sting Dismissed Entirely.
Case Dismissal
Rape

Rape Case Dismissed Based on Defense Investigation and Medical Evaluation Before Trial.
Case Dismissal
Sexual Battery

Local business owner charged with sexual battery, dismissed.
Jury Trial Acquittals
Molestation and Sexual Abuse of Minors

Mr. Thompson Secures Complete Dismissal of all Charges at Jury Trial for Accusations of Molestation and Sexual Abuse of Minors
Avoid Sex Offender Registration
Sex Offense

Juvenile Client Has Felony Sex Offense Case Dismissed and Is Not Required to Register

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Contact Our Domestic Violence Attorney in Bakersfield

Although California does not enforce a mandatory arrest law, police officers who respond to domestic disturbance calls often proceed with arrests. Once an arrest occurs, the decision to press charges shifts from the alleged victim to the courts. Prosecutors may proceed with charges regardless of the alleged victim’s preferences.

At Humphrey & Thompson, we are committed to defending those charged with criminal offenses, whether violent crimes, drug-related offenses, or sex crimes. Our attorneys understand the concerns you may have about your future and freedom. Choosing highly qualified defense counsel is paramount to the outcome of your case. We are well-versed in navigating the criminal justice system and encourage you to contact us promptly.

Contact a Bakersfield domestic violence lawyer online or call today to schedule a case consultation.

Have Questions?

What factors do courts consider in domestic violence cases?

Courts evaluate several elements, including the nature and seriousness of the incident, prior instances of violence, evidence of injuries, and the credibility of witnesses involved. An attorney can analyze these factors to build a defense tailored to your situation.
Can I still be charged with domestic violence if no physical harm occurred?

Yes, domestic violence charges can apply even without physical harm. Verbal threats, intimidation, and emotional abuse are also considered under California’s domestic violence laws. A lawyer can help clarify the charges and develop a defense strategy based on the specifics of your case.
What is a restraining order, and how does it affect me?

A restraining order is a court-issued directive aimed at protecting someone from harm or harassment. It can restrict your ability to contact the accuser and may require you to leave your home. An attorney can explain the implications and help you manage the process if a restraining order is involved.
What should I do if I’m involved in a domestic violence incident?

If involved in a domestic violence incident, remain calm and avoid escalating the situation. If law enforcement is called, refrain from making any statements without legal counsel present. Contact a domestic violence attorney immediately to protect your rights and receive guidance on your next steps.

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