If you’re a defendant who has been accused of domestic violence in Chula Vista, CA, it’s normal to feel overwhelmed. An experienced domestic violence lawyer can help guide you through the legal process and work to defend your rights.
At Blair Defense Criminal Lawyers, we have over a decade of combined criminal defense experience and have helped many clients take on various criminal charges.
These cases are serious and can change your life forever. Contact us at (619) 357-4977 to schedule a free consultation with a Chula Vista domestic violence attorney.
How Blair Defense Criminal Lawyers Can Help if You’re Arrested for Domestic Violence in Chula Vista, CA
Here’s how our Chula Vista criminal defense lawyers can help you:
- We examine evidence like police reports, witness statements, and video recordings to look for false claims or mistakes made by the police.
- Our legal team will push back on restraining orders that could keep you away from your home or children.
- We look for evidence that shows your side of what happened, like texts and photos.
- We’ll speak with the prosecution about obtaining a plea deal, which can result in dismissed charges or more lenient penalties.
If you are facing a domestic violence charge, you need help from someone who knows how to handle these cases in Chula Vista, California. Having the right lawyer is one of the most important aspects of your criminal case.
Contact Blair Defense Criminal Lawyers today to schedule a free consultation with a Chula Vista criminal defense attorney.
Overview of Domestic Violence in California
In California, domestic violence charges arise when someone is accused of hurting someone they have a close relationship with. This can include a spouse or an ex, someone you share a child with, or even a boyfriend or girlfriend from your past or present.
Below are two common domestic violence charges in California:
Domestic Battery
Domestic battery is charged when you are accused of using force or making unwanted physical contact against someone you have a close or intimate relationship.
The law does not require the use of force to produce a visible injury; just a push or a slap could be enough for charges to be filed. Domestic battery is usually a misdemeanor in California.
Corporal Injury to a Spouse
If there is a physical injury, like a bruise or mark, it’s charged under a different statute: corporal injury to a spouse. This charge can be treated as a misdemeanor or a felony, depending on the details and your criminal history.
No matter what the charge is, it’s important to work with a lawyer who is experienced with these types of cases.
What Are the Potential Penalties for Domestic Violence in California?
Getting charged with domestic violence in Chula Vista can result in the following penalties:
Domestic Battery
If you are found guilty of domestic battery, you can spend up to a year in jail and may be required to pay a fine of up to $2,000.
Corporal Injury to a Spouse
If you’re charged with causing a physical injury, the charge is a wobbler and can be charged as either a misdemeanor or felony. For a misdemeanor, you could get up to a year in jail and a fine as high as $6,000. For a felony, the punishment increases to 2 to 4 years in state prison, and if the injury is serious, you could get an extra 3 to 5 years.
Collateral Consequences
A domestic violence conviction can also lead to losing the right to own a gun, problems with child custody, and deportation if you aren’t a US citizen, even if you’re only charged with a misdemeanor.
Additionally, after an arrest, the court often issues a restraining order, even if no charges are filed. If you don’t follow this order, you can be charged with a new crime and go to jail for up to a year.
What Defenses Can Be Raised if I’m Arrested for Domestic Violence?
Some defenses that can be used in domestic violence cases might include:
- You acted in self-defense because you believed you were in danger, or you were protecting someone else from harm.
- The accusation is false, and the evidence or witness statements do not match what actually happened.
- The injury was an accident.
- There is not enough evidence to prove the case beyond a reasonable doubt.
Reach out to an attorney to figure out which defense fits your case best and how to use it to protect yourself.
When you’re facing a domestic violence accusation, it’s easy to feel isolated, especially if your friends and family are taking sides against you. The process can be stressful, but the best thing you can do is to get the help you need and deserve.
A lawyer can look at your case and help you make the best decision for your case and your life. Contact Blair Defense Criminal Lawyers to schedule a free consultation with a Chula Vista domestic violence lawyer.
