Contra Costa County Domestic Violence Defense Attorney
If you have been arrested for domestic violence, you need to speak with a skilled criminal domestic violence defense attorney right away. Daniel Horowitz and Daniel Russo are certified criminal defense specialists. Only several hundred California criminal defense attorneys are permitted to use that designation. A Contra Costa County criminal defense lawyer will have a better sense of the culture of the Contra Costa County court system, judges and prosecutors than an out of town, 1-800 cookie cutter law firm.
Domestic violence cases frequently emerge during marriage breakups and can be leveraged for financial gain and child custody disputes. Allegations of domestic violence can significantly impact careers in law enforcement, the medical field, legal professions, and the corporate sector.
Understanding California Domestic Violence Statutes
In California, several criminal statutes may apply if a person physically assaults a spouse or significant other. These specific statutes include:
Penal Code § 273.5: This statute is relevant when the victim is a spouse or former spouse of the offender.
Penal Code § 13700: Defined within this statute, domestic violence encompasses abuse committed against 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 has had a dating or engagement relationship.
Penal Code § 243(d), 245(a): These statutes are not specific to spousal or significant other abuse but involve the same or similar conduct.
Penal Code §§ 136.1(b)(1), 136.2: These sections are cited in the context of assaults coupled with an intent to dissuade a victim or witness from reporting the crime. Such actions would interfere with the criminal justice system and could warrant the issuance of a criminal protective order. These often are charged when there is continuing contact between the alleged perpetrator and victim after an initial violent incident. Read Horowitz' blog on intimidating a witness.
By understanding these statutes, individuals can better navigate the complexities of domestic violence cases in California.
Comprehensive Domestic Violence Defense
Balancing Complex Family and Legal Issues
As a domestic violence attorney, it is crucial to navigate the intricate family dynamics and long-term consequences such as job security, gun ownership, and divorce. Our Lafayette law office is well-versed in handling DV cases, leveraging our extensive knowledge of local judges, attorneys, schools, and other key factors essential for managing these complex situations.
Core Domestic Violence Offense
The core domestic violence offense involves causing a traumatic condition to a spouse, former spouse, a person with whom the offender has or previously had a dating or engagement relationship, a person with whom the offender has a child, or a cohabitant. However, DV cases are deeply rooted in complex human factors that extend beyond the crime’s elements.
Legal Definition
According to Penal Code Section 273.5(a), “Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony and shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.”
Impact of DV Charges and Convictions
Beyond the basic DV crime, the impact of a DV charge or conviction is significant. A domestic violence conviction can greatly affect child custody issues in a divorce, professional licenses, and employment. Courts and prosecutors are very aggressive with domestic violence cases due to their potential for repeated and escalating violence.
Comprehensive Defense Strategies for Domestic Violence Cases
As experienced criminal defense attorneys, we specialize in defending domestic violence cases. Unlike standard criminal cases, domestic violence cases often involve complex emotional and relational dynamics. Our approach goes beyond legal defense; we work to defuse the triggers that led to the incident. This holistic strategy sets us apart as the best choice for domestic violence defense.
Domestic violence cases often involve ongoing relationships, shared property, and children, which can lead to repeated conflicts. The close relationship between partners means both sides have the ability to “push buttons,” making these cases uniquely challenging.
By addressing these unique challenges, we provide comprehensive defense strategies that consider both the legal and human aspects of domestic violence cases.
Contact Attorney Daniel Horowitz
If you or a loved one is facing legal challenges, don’t navigate this difficult time alone. Attorney Daniel Horowitz, a renowned defense specialist, is here to provide the expert guidance and representation you need. With extensive experience in personal injury law, physician defense, and complex federal cases, Daniel is committed to securing the best outcomes for his clients.
Why Choose Daniel Horowitz?
- Expertise: Over 40 years of experience in defending clients in various legal matters.
- Personalized Approach: Tailored defense strategies that consider both legal and human aspects.
- Proven Track Record: Successfully handled numerous high-stakes cases.
Call Daniel Horowitz at 925-291-5388Learn more: The Criminal Process Explained by the California Courts with Comments by Daniel Horowitz (lawyersinlafayette.com)
Get Help Now: Contact Our Experienced DV Defense Team at (925) 291-5388 to schedule a consultation.
Domestic Violence & Child Custody Meet Criminal Law
A criminal defense lawyer doesn't seem necessary in divorce court. But there Family Law statutes make domestic violence a major factor in custody battles. Often child custody becomes weaponized so that statutes that are legitimately designed to protect a family against a violent spouse are twisted into tools of manipulation.
Family Code section 3044 starts with the following paragraph:
(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence within the previous five years against the other party seeking custody of the child, or against the child or the child’s siblings, or against a person in subparagraph (A) of paragraph (2) of subdivision (a) of Section 3011 with whom the party has a relationship, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence.
We support the children in a divorce and in most cases, two parents working together is the only proper solution. If things have gone South and you are being unfairly excluded from custody due to fabricated or exaggerated conduct, our domestic violence team can work with your Family Lawyer to protect you. If you don't have a Family lawyer, we can help guide you to an attorney who is a good match.
Client Testimonials
Contra Costa County Location - National Reputation for Excellence
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I can not say enough about Mr. Horowitz and his staff. Brook was amazing to myself and my family. My case was very unique. He believed in me and listened to what I had to say. I highly recommend him and his staff. Yvett Bline- Yvett Bline
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Dan Horowitz handled my complex business issue with magnanimity, compassion, care, promptness, and utmost professionalism. I'm an Attorney and would highly recommend him to other professionals (and others alike) because he's the very BEST at what he does and has an uncanny knack at finding unique resolutions with unparalleled speed and efficiency. What is quite outatanding is that he treats each client with kindness and compassion as if a family member- Lovely K.
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I cannot express enough gratitude for the outstanding legal services provided by Daniel Horowitz. He not only possesses an in-depth understanding of the law but also demonstrated a genuine commitment to me. He took the time to listen attentively to my concerns, providing clear and concise explanations of the legal processes involved in my case. He made me feel heard and supported during this tumultuous time. What impressed me most was his unwavering dedication to achieving the best possible outcome for me. The attention to detail and strategic approach to my case were evident at every stage. I am eternally grateful towards Daniel for what he has done for me and I wholeheartedly recommend his services to anyone seeking legal representation. Thank you Dan- Kento T.
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Daniel and his team did an excellent job. He was always readily available to take my call and provided peace of mind through a stressful situation.- Reid V.
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My experience with Dan was great. I appreciate the knowledge Dan has and the professionalism they exhibit. I would highly recommend the Law Office Of Daniel Horowitz. My family and I are truly grateful we worked with him.- Brandon D.
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There are lawyers and then there are real lawyers. Dan Horowitz is a real lawyer in every since of the word. Dan is a Certified Specialist in Criminal Law. You will not find very many attorneys having such recognition especially one that hits on all cylinders as Dan. In addition to his knowledge of the law and his experience, which I found to be unmatched, i appreciated the fact that he at all times is genuine, which for me says it all. Thank you Dan.- Cory N.
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“The Best Attorney I Could Have Asked For.”- Katherine Ryken
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Dan Horowitz was the best attorney I could have asked for during a difficult time in my career. From the moment I met him, I felt believed, respected, and safe. He and his team were endlessly responsive and empathetic to me and my family. He fought for my case day and night, always keeping my best interests at the forefront of his mind. As I learned from Dan, it is never a good time in one’s life to need legal representation - but if you need it, Dan is your person, your advocate, and your best friend. We are forever grateful for his tireless commitment to justice for the people.- Katherine R.