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 from Lee Law Group.
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.
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.
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.
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:
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.
A variety of crimes can be considered domestic violence offenses. Some specific California domestic violence charges include:
Other criminal, violent offenses fall under domestic violence when they are committed against those with close relationships to the offender. These include:
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.
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:
Felony domestic violence corporal injury crimes have the following penalties:
If the offender has prior domestic violence or violent felony charges, this will enhance the severity of the penalties they face.
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.
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.
The proper defense for domestic violence charges will depend on the unique case against you and the circumstances of your arrest. Potential defenses include:
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.
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:
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.
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.
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:
Abuse includes not only physical abuse but also emotional and psychological abuse.
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.