The implications of domestic violence laws in California are wide-ranging, often extending far beyond the simplistic understanding of violent or aggressive conduct within the home. While the law explicitly criminalizes actions like assault, battery, and making criminal threats against a partner or spouse, the public may be unaware that these laws sometimes ensnare innocent individuals. If you have been accused of a serious crime like domestic violence, it is crucial that you work with a San Diego domestic violence lawyer.
Being accused of domestic violence can be incredibly stressful, and it is important that you take the necessary steps to protect your rights and interests. Conviction of such a severe offense can have short-term and long-term effects on your professional, personal, and social life.
Domestic Violence Defense Attorneys in San Diego
At Lee Law Group, we are aware of the sensitivity that domestic violence cases require. Our seasoned criminal defense attorneys understand that situations can be complicated — whether the police have misconstrued an accident as domestic battery, or the accused was acting in self-defense during a mutual altercation. Although many people have the urge to explain themselves, it is crucial that you exercise your right to remain silent and your right to an attorney.
By working with an attorney as soon as you can, you can more effectively protect your rights throughout the entire process of an arrest or investigation. The skilled criminal defense attorneys at Lee Law Group have more than 20 combined years of legal experience, including experience in domestic violence defense cases. We help you navigate the landscape of the San Diego criminal justice system and defend you against accusations or misunderstandings.
Our team knows how overwhelming it can be to face domestic violence charges. We listen to your side of the story carefully and without judgment to determine the most effective legal strategy for your case.
What To Expect When Charged With Domestic Violence
The sentences under California domestic violence laws can vary based on the gravity of the injuries inflicted, if any, and the defendant’s prior criminal history. A domestic violence conviction in San Diego, if mishandled, can result in lasting repercussions such as permanent criminal records and potentially devastating impacts on future employment prospects and state licensing eligibility.
Prosecutors often advocate for stringent punishments for those convicted of domestic violence offenses, including a jail sentence or probation. Furthermore, a standard requirement is that defendants attend a 52-week domestic violence offender course. These punitive measures can leave a lasting stain on one’s record and can even affect future opportunities.
Domestic Violence Laws in California
California domestic violence laws cover acts of abuse or threats of abuse between individuals with specific, close relationships. Several other violent or harassment crimes can fall under the umbrella of domestic violence because of the relationship between the perpetrator and the victim, such as assault, battery, or stalking.
Domestic violence refers to abuse between people in the following relationships:
- Married or divorced
- Registered domestic partners or separated domestic partners
- Dating partners or exes
- Close relatives, including parents and children, siblings, grandparents and grandchildren, and in-laws
- Those living together but with a closer relationship than roommates
Abuse under the same California law may include any of the following actions:
- Physical abuse or attempted physical abuse, either intentionally or recklessly
- Sexual assault
- Threats or promises to hurt the other person or someone else, giving them reasonable fear that they will be seriously injured
- Forms of harassment, stalking, destroying personal property, or otherwise disturbing another’s peace
Abuse includes more than just physical abuse, although physical abuse is often more straightforward to prove. Other forms include emotional abuse, psychological abuse, sexual abuse, and financial abuse.
Penal Code Domestic Violence Offenses
A variety of crimes can be considered domestic violence offenses. Some specific California domestic violence charges include:
- Penal Code 273.5(a), Corporal Injury to a Spouse: This is the offense of willfully inflicting a corporal injury that causes a traumatic condition to a spouse, a cohabitant, a fiancée, or the parent of the offender’s child. It is charged as a felony.
- Penal Code 243 (e)(1), Domestic Battery: This is the crime of battery against anyone with a relationship qualifying under domestic violence offenses. Battery is the use of force or violence against another person, and offensive or rude touch may also be charged as battery.
- Penal Code 273.6(a), Intentionally Disobeying a Protective Order: Protective orders place restrictions on an alleged abuser, such as preventing them from being near the home or workplace of the person who pressed the charges. Intentionally breaking these restrictions is charged as a misdemeanor. PC 273.6 (b) lists more significant penalties if physical injury occurs to the individual who filed for the order.
Other criminal, violent offenses fall under domestic violence when they are committed against those with close relationships to the offender. These include:
- Dissuading an individual from reporting a crime
- Simple assault and aggravated assault
- Criminal threats
- Stalking
- Attempted rape
- Rape, sexual assault, and sexual battery
- Kidnapping
It is essential that you work with an attorney for any domestic violence charges, as conviction can have a significant effect on your life. The more severe the charges, the more important legal representation is.
Criminal Penalties for Domestic Violence Convictions
Domestic violence is a crime and can be charged as either a misdemeanor or a felony, depending on the severity of the conduct. Penalties can include time in prison or jail, large fines, mandatory counseling, restitution to the victims, and registration as a sex offender for sexual domestic abuse.
For battery crimes committed as domestic violence offenses, the charge begins as a misdemeanor. This results in the following penalties:
- Fines of up to $1000
- Imprisonment in jail for up to one year
- Probation, including court-designated batterer’s treatment program or counseling
Felony domestic violence corporal injury crimes have the following penalties:
- Imprisonment for two to four years in prison or up to one year in jail
- Fines of up to $10,000
- Restitution to the victims
- Criminal protective orders valid for up to 10 years
If the offender has prior domestic violence or violent felony charges, this will enhance the severity of the penalties they face.
Civil Consequences of Domestic Violence Charges
Domestic violence charges can also have civil consequences, as victims of abuse have the right to file a personal injury claim for their emotional, physical, and financial damages. A civil claim is different from a criminal case. A successful claim can cause you significant financial losses in addition to the consequences of a conviction. When you have a strong defense for your criminal case and avoid conviction, a civil claim is less likely to be successful.
Collateral Consequences of Conviction and a Criminal Record
If you are convicted of a domestic violence offense, you face criminal penalties, but you also face long-term consequences for having a criminal record. Conviction can impact your employment and your reputation. It can also prevent you from obtaining custody rights to your children. A criminal record can affect you for the rest of your life, limiting your housing, education, career, and other opportunities.
The most effective way to avoid these significant collateral consequences on your life is to avoid conviction. An experienced defense attorney can help review your options.
Potential Defenses Against Domestic Violence Offenses
The proper defense for domestic violence charges will depend on the unique case against you and the circumstances of your arrest. Potential defenses include:
- Self-Defense of Defense of Others: Domestic violence charges may occur in a mutual fight or may even be pressed against the victim of domestic violence when they act to protect themself. If you acted in self-defense or to defend others, this may be an effective affirmative defense. Your attorney can help use medical documentation, witness statements, and expert witness testimony to prove that you acted to protect a threat to your life or the lives of others.
- Lack of Evidence: If there is not enough evidence to prove you committed domestic violence acts beyond a reasonable doubt, you shouldn’t be convicted. However, even this requires a proactive defense. Your attorney can challenge contradictory or weak evidence against you to further show that the case against you is insubstantial.
- False Allegations: Many real victims of domestic violence are afraid to come forward with their testimony, but there are, unfortunately, cases of false accusations of domestic violence. This may be done out of spite, revenge, or to get the upper hand in a family law case, such as a custody dispute. If you were falsely accused of domestic violence, it is crucial that you hire an attorney to investigate these allegations.
- Mitigating Circumstances: This is an affirmative defense that explains the reasons why the offense occurred, presenting them to request a lesser sentence and lighter penalties. Mitigating factors may include your mental state at that point in time, a lack of prior offenses, or a personal history of abuse. It’s crucial to work with an attorney who will approach these cases with the care and compassion you need.
A strong defense requires a skilled attorney who listens to your unique story. They can tailor your defense to the information you provide and the findings of their investigation.
Why You Need a California Criminal Defense Lawyer
If you or a loved one faces the serious implications of a domestic violence charge in California, time is of the essence. Proactive legal defense can be the deciding factor in the trajectory of your case. Retaining the services of our specialized domestic violence lawyers early in the process can be the key to a successful defense. Some of the benefits to working with an attorney include:
- Legal Knowledge: Your attorney will have significant skills, experience, and knowledge regarding domestic violence charges and laws. This information is essential to understanding the charges you face, their consequences, your rights, and what defenses are most appropriate for your situation.
Your attorney can provide you with this information and help you determine your options, such as whether a plea deal would better suit your interests. This helps you make informed decisions about your future.
- Investigation: A criminal defense law firm has the resources and ability to investigate your arrest and the charges against you, as well as determine what evidence the prosecution has. They can review this information and determine if your constitutional rights were respected during the arrest.
- Support and Advocacy: It is overwhelming and upsetting to face domestic violence charges, and it can be immensely helpful to have legal support by your side. Your attorney can negotiate with the prosecution and represent you in court, and you can feel confident in them to represent your interests.
- Protecting Your Rights: If you’re arrested or charged with a crime, you have constitutional rights. Your attorney can ensure you’re informed of them. They can also determine whether they’ve been violated by law enforcement. For instance, a police officer may have collected evidence illegally, which could lead to it being ruled inadmissible in court.
Finding the right attorney can be difficult, and it’s important that you find someone you feel comfortable with. Your attorney should be trustworthy and willing to fight for you. At Lee Law Group, we want to fight for your interests and represent you with the integrity, care, and compassion you deserve.
FAQs:
A domestic violence case could be dismissed in California, if it is dropped by the prosecutor or if there is insufficient evidence to proceed with. If the victim who is alleging domestic violence retracts their accusations, the prosecution may or may not decide to drop the charges.
If there is significant evidence besides the victim’s testimony, the prosecution is unlikely to drop the charges. Your greatest chance of having the charges dismissed is to work with a skilled defense attorney if you have a domestic violence case against you.
There were 18,185 reported domestic violence incidents in the San Diego area in 2021, with an average of 1,515 incidents each month, according to information gathered by the SANDAG Regional Criminal Justice Research & Clearinghouse Division. This was a 3% increase from the number of cases in 2020. This figure only includes the number of reported domestic violence cases and does not account for the incidents that go unreported.
You can find a domestic violence defense lawyer in San Diego by searching online and asking for referrals from family, friends, and others you trust. This can be especially helpful if those individuals have dealt with similar criminal charges or, specifically, domestic violence charges.
When looking over potential defense attorneys, it is important to review their past cases and their successes and losses in criminal courts. Look over client reviews and testimonials to get an understanding of the attorney’s reputation and way of doing business.
Abusive behavior toward a spouse is illegal in the state of California, which includes the following actions:
- Intentional or reckless physical harm
- Attempting to physically hurt someone, either intentionally or recklessly
- Sexual assault
- Making threats that leave the other person reasonably afraid that they or another individual will be seriously hurt
- Other behaviors like harassment, stalking, hitting, threats, destroying the other person’s personal property, or otherwise disturbing their peace
Abuse includes not only physical abuse but also emotional and psychological abuse.
Reach Out to Lee Law Group Today
The Lee Law Group offers comprehensive guidance on penalties for domestic violence offenses, ensuring that you receive the high-quality legal representation you deserve. We devote meticulous attention to investigating facts, gathering evidence, and presenting your narrative authentically and convincingly in court — before prosecutors, judges, and juries. Contact us today for a consultation.
