Fresno Domestic Violence Attorney

Fresno Criminal Defense Attorney Jonathan Rooker understands how difficult a criminal accusation can be in a person's life.  As a Criminal Defense Lawyer our clients are commonly going through the same difficulties, and we can help. It is difficult to explain to family, friends, employers, and future employers that, "I got arrested for domestic violence, do I need a lawyer" "I have been charged with PC 243(a) Domestic Battery" which is why you may have many questions.  Some questions involve firearm ownership, restrianing orders, or criminal sentences. If you have questions, don't wait until too late to ask an attorney to help.

Pen Code Section 243. Battery --243(a) A battery is punishable by a fine not exceeding ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

PC 243(e)(1) When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiance', or fiancee or person with whom the defendant currently has or has previously had, a dating or engagement relationship. the battery is punishable by a fine not exceeding two thousand dollars ($2,000)., or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment.  If probation is granted, or the execution of imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in , for no less than one year, and successfully complete, a batterer's treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court.  However,, this provision shall not be so construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.

(2) Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements;

(A) That the defendant make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000).

(B) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense. For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under the is subdivision, the court shall make a determination of the defendant's ability to pay.  In no event shall any order to make payments to a  battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support.  If the injury to a married persons caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.

I was convicted of Domestic Violence, can I still own guns?  If I get convicted of Domestic Violence, will I lose my gun rights?

FIREARMS RESTRICTION: Be aware that a conviction under PC 243(e) Domestic Violence will result in a lifetime firearm prohibition.  California Law requires a 10-Year Prohibition because PC 243 is considered a violent misdemeanor.  However, under the Lautenberg amendment to the Gun Control Act of 1968, A person convicted of a misdemeanor crime of domestic violence will be prohibited from owning an/or possessing firearms for the duration of their lifetime. (See Domestic Violence Information)

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Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

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Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.