Domestic violence charges are some of the most severe that you can face in Bankers Hill, California. This isn’t just because of the legal penalties they carry; it’s also because of the damage they can do to your reputation and family life. If you’re a defendant facing charges related to domestic abuse, it’s important to work with an experienced legal team like Blair Defense Criminal Lawyers.
The sooner you reach out, the sooner a lawyer in Bankers Hill, California can build your case. Contact us at (619) 357-4977 for a free consultation with a Bankers Hill domestic violence lawyer.
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Why Hire Blair Defense Criminal Lawyers if You’re Arrested for Domestic Violence in Bankers Hill, CA?
Facing a domestic violence charge in Bankers Hill, CA, can threaten so much in your life, from your freedom to your relationship with your children. Choosing the right law firm after being accused is critical.
San Diego residents choose Blair Defense Criminal Lawyers because:
- With 14+ years of focused criminal defense experience , we’re prepared for whatever the prosecutor throws your way.
- Over 120 5-star Google reviews from real clients speak to how seriously we take each case.
- We’re recognized and respected by the legal community, holding distinctions such as Super Lawyers, National Trial Lawyers Top 100 Attorneys, Top 40 under 40 Trial Attorneys, a Perfect-10 Avvo Rating, and inclusion in America’s Top 100 Criminal Defense Attorneys in 2020.
We understand how overwhelming it can be to face any type of criminal charge in Bankers Hill, California. We’ll sit down and listen to your side of what happened and build the strongest defense possible. Reach out today to schedule a free consultation with a Bankers Hill domestic violence attorney.
Overview of Domestic Violence in California
In California, there are two primary domestic violence charges that people face. Knowing the elements of each of them and what penalties they bring is important for anyone facing charges.
Domestic Battery
Under California law, it is a crime to willfully use force or violence against an intimate partner, even if the act doesn’t leave a visible injury. This is known as domestic battery and could include pushing, grabbing, hitting, slapping, or any intentional unwanted physical contact.
Corporal Injury to an Intimate Partner
When a physical altercation goes further and an intimate partner ends up with a physical injury, prosecutors will charge the defendant with corporal injury to an intimate partner. The physical injury doesn’t have to be severe – any kind of mark left behind can suffice for these charges, even if it’s just a small scratch or bruise.
What Are the Penalties for Domestic Violence in Bankers Hill, California?
The penalties you’re facing for domestic violence charges depend on which offense you’re charged with and whether it’s charged as a misdemeanor or a felony.
Penalties for Domestic Battery
Domestic battery is a misdemeanor in California.
Penalties may include:
- Up to one year in county jail
- Fines reaching up to $2,000
- At least three years of informal probation
- Completion of a 52-week domestic violence counseling program
- Court-issued protective or restraining orders limiting contact with the alleged victim
- A permanent ban on owning or possessing firearms
- Mandatory court costs, victim restitution, and
possibly community service hours
A domestic battery conviction, even though it’s considered to be “more minor” than other charges, can severely impact all aspects of your life.
Penalties for Bodily Injury to an Intimate Partner
Bodily injury to an intimate partner charge is a wobbler, meaning it can be prosecuted as a misdemeanor or a felony. How it’s charged often depends on the severity of the injury and your criminal history.
Possible penalties are:
- Misdemeanor: up to 1 year in county jail, and up to $6,000 in fines
- Felony: 2 to 4 years in state prison, plus fines up to $6,000
- Probation may be available, but often includes a mandatory minimum jail sentence
- Required to complete a domestic violence program or counseling
- A lifetime ban on firearms
- Restitution and protective orders
When you work with a criminal defense lawyer, they can give you a better idea of the penalties you’re likely to see in your specific case.
What Defenses Can Be Raised If I’m Arrested For Domestic Violence?
Being charged with domestic violence isn’t something anyone wants to go through, but you have ways to defend yourself. Your lawyer will often use one of the following legal defenses:
Self-Defense or Defense of Others
If you acted to protect yourself or someone else from imminent harm, your actions may be justifiable under California law. This could apply if your partner was threatening or using force against you, and your response was reasonably necessary to prevent injury to yourself or another person.
Accident
Domestic violence charges require that your actions were willful and intentional. If any injury or contact happened purely by accident, prosecutors may have difficulty proving the case beyond a reasonable doubt.
Reducing a Felony Charge to a Misdemeanor
Some defenses are used to reduce your exposure to criminal penalties rather than fight the entire case. Your attorney may argue for the felony charge to be dismissed if the injury was minor and you have no criminal history.
False Accusations
Unfortunately, emotions in family or dating relationships can sometimes cause people to make untrue allegations. If you have evidence that the charges were fabricated, influenced by jealousy, custody disputes, or a desire for revenge, your attorney can challenge the credibility of the alleged victim.
The exact defense your attorney uses depends on the situation and the facts of the case. They will explain to you how they’re building your case and giving you the best chance to obtain a good outcome.
Blair Defense Criminal Lawyers understands how difficult it is to be accused of something as serious as domestic violence. Whether you made a mistake or were wrongfully accused, you deserve aggressive legal representation and a fair shot at defending yourself.
Our team is here to help you at all times. Reach out to us today for a free consultation with a Bankers Hill domestic violence lawyer.
