A judge in California has been arrested on suspicion of domestic violence.  The incident involves Solano County Superior Court Judge Robert S. Bowers.  He was arrested in the early hours of April 11 after his wife informed police that he had resorted to violence against her.  Police officers say that no weapon was involved in the assault, but his wife suffered a minor, but visible injury.  The fact that his wife suffered a visible injury means that the judge is now eligible to be charged with a felony assault.

According to the judge’s lawyers, he is completely innocent of all charges.  The lawyers allege that his wife suffered the injury when she fell from a deck that is being constructed at their home.  The California Atty. Gen.’s Office has announced that it doesn’t currently intend to prosecute Judge Bowers until investigations are complete.

California’s laws are extremely strict with domestic violence offenders.  It’s important to consult with a San Diego domestic violence lawyer before charges are filed, if possible.  Once charges have been filed against you, it’s extremely difficult to have these dropped.  These cases are prosecuted much more harshly than many other crimes.  In fact, once charges of domestic violence have been made against you, even if the victim wants to drop the charges, he or she may not be able to do so.

Misdemeanor domestic violence crimes may end with a county prison sentence of less than six months.  The offender will also have to undergo counseling, perform community service and pay fines.  In the case of felony domestic violence crimes, a person could be looking at a maximum prison sentence of three years.

There are few legal experts who want to deal with wasteful cases or trials. This is the reason that there are often many ways for people to work together to avoid a wide range of issues from reaching the lengthy and expensive trial stages.

If you are someone who has been charged with domestic violence, or if you are about to face such issues, it is imperative that you hire an experienced attorney right away. If you live in the Los Angeles or Van Nuys area, your lawyer may be able to head to the City Attorney or even the District Attorney’s office in order to request that the issue be dropped. This is especially true if the charges are not accurate or flat out dishonest.

Let’s face some facts – there are many reasons why people file spousal abuse or domestic violence claims. For instance, it isn’t all that unusual for such matters to suddenly appear in the middle of a nasty divorce trial. It is also something that crops up quite often when custody battles occur. There are even many times when someone overreacts in the heat of the moment and makes claims that they later want to “drop” or recant – unfortunately once the legal authorities are called to the scene such decisions are in their hands alone.

There are many times when a case should not head into the trial phase, and even if charges have been made, the prosecutor’s office can often review the case and reject it. A good lawyer can also help to keep the case from the courtroom setting and request office hearings for their clients as well.

If someone is innocent or falsely accused why should it be so important to build up such a massive defense right away? Well, just like cases in which drunk driving and DUI are concerned, domestic violence can have long lasting repercussions. Prison time, probation, and a negative permanent record are just a few examples of the results of such a case.

Domestic violence implicates a wider range of offenses beyond simple battery.  Acts, which constitute domestic violence, include any of the following:

• A battery;
• An assault;
• Compelling the other by force or threat of force to perform an act from which she has the right to refrain or to refrain from an act which she has the right to perform;
• A sexual assault;
• A false imprisonment;
• Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry;
• A knowing, purposeful or reckless course of conduct intended to harass the other including, but is not limited to:

(1) Stalking.

(2) Arson.

(3) Trespassing.

(4) Larceny.

(5) Destruction of private property.

(6) Carrying a concealed weapon without a permit.

(7) Injuring or killing an animal.

As stated in the Nevada Revised Statutes, domestic violence includes a much broader range of offenses than simple battery.  Domestic violence can include an unlawful entry into the alleged victim’s residence or other harassing conduct.

Penalties for Domestic Violence According to the Nevada Revised Statutes

A person convicted of a first offense of domestic violence in Nevada must be sentenced to a minimum of two days jail time, and a maximum of six months jail time, in the Clark County Detention Center.  A person convicted of a first offense domestic violence also must be sentenced to 48 hours, but not more than 120 hours, of community service.  Additionally, a first offense domestic violence carries a fine of up to $1,000, and requires up to 6 months of domestic violence counseling.

A second offense of domestic violence within a seven year period carries a minimum of 10 days jail time, 100 hours of community service, and a year of Las Vegas domestic violence counseling.

A third domestic violence offense within seven years is punishable as a Category “C” felony and carries a prison sentence of up to 5 years.

Prosecutor’s Lack of Discretion in Dismissing Domestic Violence Charges

Unfortunately, under the Nevada revised Statutes, a prosecutor lacks discretion in dismissing or reducing domestic violence charges unless your attorney can uncover a legal or factual problem with the case and demonstrate clearly that the case cannot be readily proven.

According to the Nevada Revised Statutes, NRS 200.485(7), if a person is charged with committing a battery which constitutes domestic violence, a prosecuting attorney “shall not” dismiss such a charge, or plead down the charge to a lesser charge or for any other reason unless the prosecutor knows, or it is obvious, that the charge is not supported by probable cause or cannot be proven at trial.

The above language, combined with the often, overzealous prosecution of domestic violence cases by prosecutors, is a recipe for disaster.  You need to look for ways to protect yourself and have your side of the story represented fairly.  Make sure to find an experienced Las Vegas attorney.  Otherwise, you are sure to pay high penalties and serve jail time.