For over 27 years, I have been practicing law in Orange County, California. In those 27 years, I have gained a vast knowledge of the legal system. I work solely with criminal cases, which means that my understanding of criminal defense is greater than those who divide their time between different areas of law. I have worked on many criminal cases involving assault and/or battery and I thoroughly understand the severity of this type of case. Like most other criminal offenses, if convicted, assault and/or battery can range from being misdemeanor or a felony.

Because I have tried many cases I can tell the strength and weaknesses of my clients as well as the district attorney's case. It is important to have this knowledge at your fingertips when making one of the most important decisions of your life.

Definition

The issues surrounding a case involving assault and/or battery can vary. The reason for writing assault and/or battery is because the two can either be connected or separate. Assault refers to the attempt to harm someone, while battery refers to actually harming them. The definition varies between states, but in California you may be charged with either or both.

Domestic Violence

Domestic violence is a very serious offense. What often starts as a family dispute ends up with someone being taken off to jail. Many people call the police in the heat of an argument expecting the police to simply calm down the situation. Police are not referees in a boxing match, they are law enforcement officers. Once an arrest is made bail becomes an issue, and often it is quite high. Whether domestic violence is present or not, most people tend to sympathize with the alleged victim. A false or exaggerated accusation once made is difficult to withdraw, which is why you need a convincing and thorough attorney who can accurately portray your side of the story.

Sometimes one spouse may call the police for a seemingly trivial matter. However, once law enforcement becomes involved someone is often arrested. Once arrested an individual faces very high bail as well as a restraining order. This can create great pressure on a family, especially if children are involved.

Financial Concerns

As a resident of Orange County, I understand that each and every one of my clients is a unique and individual case. Furthermore, I know that the cost of attorney services can be a large concern for many people. In order to ease some of the financial stress of my clients, I offer free case consultations. In these consultations I will personally review the case in order to determine the best course of action for the client. I am willing to work with many different income levels, and will discuss payments accordingly.

Why you need an attorney

If you are convicted with a felony assault and/or battery, you may have more at risk than you think. California's Three Strikes Law comes into effect, which after one strike would make a person convicted of a second felony receive punishment twice that of the first. The third strike could come from a non-violent conviction and could result in a prison term of 25 years to life. In this situation you do not want to further jeopardize your freedom by hiring someone who does not know or understand the law.

I handle all forms of assault and/or battery cases, including (but not limited to): aggravated battery, assault with a deadly weapon, assault on a police officer, domestic violence, aggravated assault, sexual assault and battery, battery with injury, and basic assault and/or battery.

I have worked closely with the Orange County courts for many years, which is an important factor that contributes to the success of any case. The technicalities involved in dealing with different court houses are ever changing, and it is my job to stay current with any new information that becomes available. This knowledge, as well as my experience in over 2,500 cases, provides my clients with the type of unmatched, quality defense that they deserve.

Many clients have difficulty reaching their attorney after the attorney has been retained. I advise each of my clients the best possible time to reach me, and I set aside time each day to be available to answer questions. I will always return calls by the end of the day.

My clients come from many areas of Orange County, including Garden Grove, Anaheim, Yorba Linda, Orange, Santa Ana, Huntington Beach, Irvine, Newport, Tustin, Westminister, Costa Mesa and more. If you live or have an assault and/or battery case in Orange County, it is very important that you contact an attorney immediately.

I know how to handle your case, and I am aggressive enough to fight for your freedom the way that many other attorneys will not. If you do not want your whole way of living jeopardized, call me, Barney B. Gibbs today.

In the California Penal Code, “domestic violence” is defined as “abuse 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 is having or has had a dating or engagement relationship”. Domestic violence is primarily a crime directed at women. Abuse is defined as intentionally or recklessly causing or attempting to cause a bodily injury or making another person have a reasonable apprehension of imminent serious bodily injury to themselves or others.

There can be a number of different penal code sections that encompass domestic violence:

• Penal Code Section 273.5 - inflicting corporal injury on a spouse or cohabitant or co-parent.
• Penal Code Section 243(e) - simple battery against spouse, cohabitant or co-parent.
• Penal Code Section 646.9 - stalking.
• Penal Code Section 422 – criminal threats.
• Penal Code Section 278 – child abduction.
• Penal Code Section – 653m – harassment by telephone.

Other possible crimes may be assault, battery, contempt of court and violation of a domestic violence restraining order.

The difficulty in representing someone charged with a domestic violence charge with a domestic violence case becomes immediately apparent at the arraignment. Many district attorneys routinely ask for bail, if bail was not already posted after the arrest, and the service of a domestic violence restraining order. A court may release a defendant charged with domestic violence on his own recognizance. A defendant charged with a misdemeanor is entitled to an O.R. reface if the court finds that public safety will not be compromised and be assured that the defendant will make his court appearances. The case of People V. Stone is important when considering the service of a domestic violence restraining order. Not every case needs a restraining order, and even if they are served there can be opportunities to have them modified.

Although domestic violence cases are often prosecuted aggressively, they are not the most difficult cases to defend in trial. Oftentimes, proof can be problematic for a district attorney especially when faced with an uncooperative or recanting victim. This is why experience in these types of cases is important. I have seen many attorneys who are unfamiliar with these types of cases literally frightened into disposing of a case. Many domestic violence cases come down to a “he said” “she said” situation. There can be domestic violence cases filed when the physical contact is only a push. Years ago this kind of case would never have been filed. Once this type of case is filed, proof may be difficult with lack of an observable physical injury.

As can be seen from the preceding, domestic violence cases require considerable finesse. A thorough knowledge of the law and experience with these types of cases is the first step to a successful representation.

Contact Information

Law Office of Barney B. Gibbs
17621 Irvine Boulevard, Suite 114
Tustin, California 92780

Phone: (714) 838-9019
Fax: (714) 832-2007