The Law Office of John M. Holmes is exclusively a criminal defense firm, practicing in Riverside, San Bernardino, Orange, and Los Angeles counties. John M. Holmes built this criminal defense firm on a foundation of ethical and aggressive representation. Mr. Holmes takes pride in handling your case from start to finish, and he is available for his clients 24-7.

This office handles every type of domestic violence related criminal case, from simple battery or assault to false imprisonment. If you were arrested for domestic violence, kidnapping, criminal harassment, child abuse, elder abuse, or criminal threats, contact the Law Office of John M. Holmes. This firm can help ease the burden on your family and keep you out of jail.

In San Bernardino and Riverside County, domestic violence cases are treated seriously and prosecuted aggressively. Domestic violence occurs where there is physical violence, threats of violence, or other kinds of abuse within the home. There is a broad spectrum of criminal charges in this area and it is important to retain an experienced domestic violence attorney to protect your rights.

These cases are often blown out of proportion, and people are wrongfully accused or charged improperly. Mr. Holmes has been successful in obtaining dismissals and reduced charges in San Bernardino and Riverside counties. Domestic violence is a sensitive area of criminal law, and Mr. Holmes is concerned with reuniting and protecting your family.

SAN BERNARDINO AND RIVERSIDE DOMESTIC VIOLENCE LAWS

The charges in a domestic violence case vary from simple battery to criminal threats. The circumstances of your case must be closely examined to ensure that your rights are protected. A careful evaluation often leads to facts that present favorably to the accused. A false accusation or misleading evidence can destroy your reputation, career, and/or family. Through a careful and thorough investigation, Mr. Holmes may be able to obtain a dismissal or a reduced charge that will not adversely affect your life and family and keep you out of jail.

Child Abuse

People are arrested for child abuse in San Bernardino and Riverside counties for a multitude of reasons, including: hitting, punching, slapping, kicking, choking, burning, or throwing an object at a child, and sometimes for shaking or pushing a child.

The circumstances of the particular incident or incidents are important in determining how to approach the case. The prosecutor must show that a person intentionally inflicted cruel or inhuman physical punishment or injury on a child and the infliction of the punishment or injury resulted in a traumatic condition. Cruel or inhuman punishment is not clearly defined in the penal code, but it has been interpreted as inflicting pain in a vindictive manner or while lacking kindness, mercy, or tenderness. A traumatic condition is shown through an internal or external wound (whether of a minor or serious nature-sometimes even a scratch) caused by a physical force.

A careful evaluation and investigation is critical. Where the factual circumstances are less severe, such as a minor injuries or less serious acts, the prosecutor will likely file misdemeanor charges; however, more serious injuries or acts will be charged as felonies. The prosecutor must always prove that the person intended the act, and most dismissals are achieved where the state cannot show that the person intended the physical act. A false accusation of child abuse can damage your reputation, and it is critical that your case be evaluated by a criminal defense attorney to protect your rights. Mr. Holmes takes his client’s interests and concerns seriously, and he will work diligently and thoroughly to protect your reputation.

Domestic Violence

A person is arrested for domestic violence in San Bernardino or Riverside County where bodily injury was inflicted on a spouse (or former spouse) or cohabitant, or where the accused and alleged victim have a child in common. The physical bodily injury can occur through, hitting, pushing, punching, kicking, biting, scratching, etc.

Domestic violence cases are often hard to prove as the evidence is often shown only through witness testimony. Frequently, there are extremely minor physical injuries (such as slight redness and swelling). False accusations can lead to the prosecution of a person where the “victim” was actually the principle in the situation, and the person arrested was only acting in self-defense. These false allegations of domestic abuse are typically made from misplaced feelings of anger or jealousy, or sometimes to gain the upper hand in a divorce or child custody proceeding and have the potential to destroy your reputation, career, and/or family.

The circumstances of your case must be closely examined to ensure that your rights are protected. A careful evaluation often leads to facts that present favorably to the accused. Through a careful and thorough investigation, Mr. Holmes may be able to obtain a dismissal or a reduced charge that will not adversely affect your life and family and keep you out of jail.

Elder Abuse

Elder abuse in San Bernardino and Riverside counties is prosecuted aggressively. A person arrested for elder abuse can either be facing a misdemeanor or felony. Elder abuse includes physical or financial abuse, or treatment that results in mental pain and suffering. The physical abuse or financial abuse can be minor, such as inflicting a small scratch or using an elder’s funds to buy a meal

The factual circumstances of a particular case determine whether the prosecutor will file the charge(s) as a misdemeanor or felony. Past history of abuse, the severity of the abuse, the age of the elder, and any mental/physical impairment(s) an elder might have are some of the issues examined. It is important to consider all of the facts as sometimes charges are based from false or misleading evidence. Small facts sometimes are the most important and can lead to a dismissal. Being charged with elder abuse can destroy your reputation or family, and it is critical that you protect your rights.

A careful evaluation and investigation is critical. Where the factual circumstances are less severe, such as a minor injuries or less serious acts, the prosecutor will likely file misdemeanor charges; however, more serious injuries or acts will be charged as felonies. The prosecutor must always prove that the person intended the act, and most dismissals are achieved where the state cannot show that the person intended the physical act. In order to protect your rights, it is critical that you consult with a defense attorney immediately. Mr. Holmes will approach your case aggressively and quickly to maintain your reputation.

Criminal Threats

People are arrested for criminal threats in San Bernardino or Riverside County routinely; however, the facts often fail to meet the elements required by the law. Criminal threats can be filed as a misdemeanor or felony depending on the factual circumstances. A prosecutor must prove:

  • The defendant willfully threatened to inflict great bodily injury or death on another person;
  • The defendant made the threat orally, in writing, or by electronic communication device;
  • The defendant intended that the statement be understood as a threat and intended that it be received by the other person;
  • The threat was so clear, immediate, unconditional, and specific that it be communicated to the other person a serious intention and the immediate prospect that the threat would be carried out;
  • The threat actually caused the other person to be in sustained fear for his or her own safety or for the safety of his or her immediate family; AND
  • The other person’s fear was reasonable under the circumstances.

Every element must be proven for the state to win their case. Accordingly, a criminal threats charge requires a careful evaluation of the facts. Where one element can be disproven, the case must be dismissed on its merits. Elementally, this charge is quite difficult to prove, and some cases are dismissed pursuant to a diligent criminal investigation. Often, the “victim” makes false accusations, because of a grudge that they have against the accused.

It is important that you retain an experienced criminal defense attorney to protect your rights and keep you from accepting a plea agreement where there is not an adequate basis for the charge. Mr. Holmes has had success in obtaining dismissals where he has disproven multiple elements through the victim’s statements or testimony. Where there is a sustained finding, Mr. Holmes can negotiate the most favorable result, often with a reduced charge and no jail time.

False Imprisonment/Kidnapping

An arrest for false imprisonment or kidnapping in San Bernardino or Riverside County can be linked to a domestic violence charge. False imprisonment laws require that the defendant intentionally and unlawfully restrained, confined, detained, or caused a person to be restrained, confined or detained by violence or menace, AND the defendant made the other person stay in a particular location (such as a bedroom, bathroom, or apartment). Kidnapping, although similar, is slightly different, because a defendant, by force or fear, has to MOVE a person a substantial distance where the person did not consent to the movement. A substantial distance is a distance more than slight or trivial. There is no clear cut rule, but a jury must evaluate all of the facts presented in considering whether the movement was a substantial distance.

Both charges are serious and require an experienced criminal defense attorney to carefully evaluate and investigate the facts. Depending on the circumstances, false imprisonment can be charged as a misdemeanor or felony. Misleading facts or false accusations often lead to the wrongful arrest and prosecution of a defendant. Sometimes a “victim” alleges that they were unable to leave the home out of jealousy or anger, but in reality, the defendant never prevented them from leaving by violence or menace. It is important that you do not accept a plea agreement where the elements of the charge cannot be proven.

Kidnapping is a serious felony, requiring a sentence in state prison of 3, 5, or 8 years. Defenses to a kidnapping charge can be shown when an alleged victim gave consent to the movement, specifically where the person: freely and voluntarily agreed to go with or be moved by the defendant; was aware of the movement; AND had sufficient maturity and understanding to go with the defendant. A defendant is also not guilty if they had a good faith belief in consent, meaning the defendant reasonably and actually believed the person consented to the movement. It is critical to examine all of the facts carefully, because sometimes a prosecutor can show that an alleged victim withdrew their consent.

In order to protect your rights, it is critical that you consult with a defense attorney immediately. Mr. Holmes will approach your case aggressively and thoroughly to ensure that you assert the best possible defense under the circumstances.

INNOCENT PEOPLE FALSELY ACCUSED IN SAN BERNARDINO OR RIVERSIDE COUNTY

Sadly, innocent people are wrongfully accused of domestic violence frequently in San Bernardino or Riverside County. False allegations of domestic abuse are typically made from misplaced feelings of anger or jealousy, or sometimes to gain the upper hand in a divorce or child custody proceeding.

The facts and circumstances of each case must be closely examined, because sometimes the “victim” was actually the principle in the situation, and the person arrested was only acting in self-defense. False allegations or misleading statements can significantly affect a person’s reputation, family and/or career. It is important to protect yourself from the potentially damaging charges of domestic violence. Mr. Holmes carefully examines in detail all of the evidence and investigates every fact, no matter how small. The smallest details are usually the most important, but they are often overlooked.

At the Law Office of John M. Holmes, clients are the number one priority. Mr. Holmes will not stop until you and your family are protected.

DOMESTIC VIOLENCE PENALTIES AND PUNISHMENTS

Domestic violence in San Bernardino or Riverside County is a sensitive area of the law, and the penalties and punishments range from probation and fines to state prison time. Domestic violence can be charged as a misdemeanor or felony, depending on the circumstances of the case, such as the severity of the injury or history of prior domestic violence. Misdemeanor penalties can include jail, fines, and a 52-week domestic violence course. Felony punishments can include up to three years in state prison, fines, and a 52-week domestic violence course. In most cases, the prosecutor will insist on some jail time, but Mr. Holmes can often have that time converted to adult work project.

A domestic violence conviction in San Bernardino or Riverside County can follow you for years, especially where a potential employer conducts a routine background investigation and discovers a conviction. Protect you and your family from the potential negative repercussions and damaging stigma associated with a domestic violence conviction. Mr. Holmes will fight for your family.

Leave a Reply