Have you been charged with domestic violence in San Diego, CA? If so, contact the legal team at Blair Defense Criminal Lawyers at (619) 357-4977 for immediate assistance. Our skilled San Diego domestic violence attorneys can build a strong defense and work to protect your rights and freedom.
Our founding attorney, Peter Blair, has extensive experience handling complex domestic violence cases. We’ve helped countless clients move forward with their lives after an arrest or allegations of abuse.
Table of Contents
Why Choose Blair Defense For Help If You Were Arrested for Domestic Violence in San Diego?
A San Diego DV conviction can significantly change your life. Even if the accusations are false, you could face immediate consequences. Our experienced San Diego criminal defense lawyers are ready to start protecting your rights immediately.
Blair Defense brings more than a decade of criminal defense experience to every case. We know how to challenge prosecutors and protect your rights at every turn. Our domestic violence lawyers won’t stop until we’ve secured the best possible outcome in your case.
When your freedom and reputation are on the line, trust a team that’s earned over 120 five-star reviews and a reputation for relentless advocacy.
For more information about how we can help, reach out for a no-charge initial consultation today.
What is Domestic Violence in California?
Domestic violence is a criminal offense in California (Penal Code Sections 13700-13702) based on the close relationship between the defendant and the alleged victim. It is a practice area that covers many different kinds of crimes. It is the relationship between the parties that characterizes the underlying offense as domestic violence.
Domestic Battery – Penal Code § 243(e)(1)
California law defines battery as the unlawful and willful use of force or violence against another person.
The offense is classified as “domestic battery” if it is committed against someone with whom you shared a “domestic relationship.” The law generally defines this as:
- A spouse or former spouse
- Romantic intimate partners
- Former romantic partners
- Cohabitants and former cohabitants (roommates or a partner)
- A co-parent
- A fiance
A conviction for domestic battery carries different penalties than a simple battery conviction. Judges have the authority to impose a much wider range of punishments, such as probation and counseling.
Child Abuse: Penal Code 273a(b)
PC 273a(b) is the state’s statute prohibiting child abuse. Child abuse can take several different forms, each of which is unlawful:
- Willfully causing or permitting injury to a child
- Willfully causing or permitting a child to suffer
- Inflicting unjustifiable pain or mental suffering
The state can also charge you with child abuse for willfully causing or permitting a situation that endangers a child’s person or health.
Corporal Injury to a Spouse – Penal Code § 273.5
Under Section 273.5, more serious assault charges apply if prosecutors allege that you willfully inflicted a “corporal injury” on someone with whom you shared a domestic relationship (e.g., a spouse, cohabitant, etc.). This happens when the victim accuses you of causing a traumatic injury.
“Traumatic injuries” are defined to include conditions caused by the use of bodily force, such as:
- Wounds
- Violent physical abuse
- External or internal injuries
- Injuries caused by strangulation or suffocation
The victim doesn’t have to prove that these were serious. Further, “traumatic injury” can be interpreted broadly as a wide range of injuries. To convict, the prosecution must prove:
- You shared a domestic relationship with the alleged victim
- You willfully inflicted the bodily injury
Our team of domestic violence attorneys can help you fight these charges. To get started, call our law firm for a case evaluation.
Stalking and Harassment – Penal Code § 646.9
The term “domestic violence” also encompasses situations where you aren’t accused of causing corporal harm.
You can be charged with stalking or harassment if you:
- Repeatedly contact or follow the alleged victim
- Make some type of credible threat or make the other person feel threatened
State prosecutors must prove that the victim reasonably feared for their safety, or the safety of their family, to convict for domestic stalking.
Criminal Threats – Penal Code § 422
To convict for criminal threats, the prosecution must prove the following:
- You threatened to commit a crime
- The crime, if committed, would likely cause great bodily harm or death
- You specifically intended that the statement would be taken as a threat
- The threat was made in a manner that was unequivocal and immediate
- The alleged victim reasonably feared for their safety, or the safety of their immediate family members
If you’ve been charged with domestic violence, even as a first-time offense, you need to act fast. An experienced attorney can help you defend your rights.
What is Considered a Domestic Relationship in California?
The California Penal Code provides that:
“Domestic violence means abuse committed against an adult or a minor who is a current spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”
Cohabitants are defined as “two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship.”
What Defenses Can Be Raised if I’m Accused of Domestic Violence?
Our law firm in San Diego will help you build the effective defense you need. Every case is unique, so the exact details will vary depending on the situation.
Examples of potential defenses may include:
- The claim against you is false
- Lack of intent to commit the underlying offense
- You were acting in self-defense
- Innocence, whether established through an alibi or other evidence
- Challenges to the prosecution’s evidence
Regardless of the facts, you shouldn’t take the situation lightly if you’re facing these charges. Contact our legal team to start building the aggressive defense you deserve.
What are the Penalties for Domestic Violence?
Domestic violence charges often carry enhanced penalties when compared to “ordinary” criminal charges.
If convicted, you can be sentenced to prison or jail and ordered to pay financial sanctions. State law also imposes mandatory minimum jail sentences for certain offenses. California’s “three strikes law” also carries the potential for life in prison if you have prior felony convictions.
In addition to prison and fines, your punishment may include:
- Probation
- Participation in a counseling program
- Other types of counseling
- Payments to a battered women’s shelter
- Temporary or permanent restraining order
Restraining Orders in California Domestic Violence Cases
Often, a victim of domestic abuse will first seek a protective order before you even have a chance to defend yourself against the allegations. The restraining order can restrict your ability to contact or come within a certain distance of the alleged victim. If you live with the alleged victim, the court may order you to move out of your home and continue to cover expenses.
It’s important to seek legal advice if you’re facing this situation. Your rights, housing, and financial stability could be at risk before criminal charges are even filed.
Collateral Consequences of a Domestic Violence Conviction in San Diego
The collateral consequences of even a misdemeanor DV conviction could include:
- Possible family court issues (e.g., child custody and child support issues)
- Housing problems
- Loss of your right to own a firearm
- Damage to your personal and professional reputation
- Immigration problems
- A lasting criminal record, which can create problems in finding employment
Our attorneys have been handling complex cases for years. To learn more about how a San Diego domestic violence attorney can help, visit our Contact Us page for a no-cost case review today.
How Can a Domestic Violence Defense Attorney Help Me?
By hiring our experienced domestic violence attorneys, you’ll have a team of professionals to:
- Launch an independent investigation into your case
- Interview witnesses and gather evidence to help prove your innocence
- Fight back if you’re threatened with a restraining order
- Negotiate with prosecuting attorneys to have your charges reduced or the case dismissed
- Provide vigorous legal advocacy before a judge and jury if necessary
With the right legal strategy, we’ll work to minimize the impact of the charges and fight for the best possible outcome for your case.
Types of Domestic Violence
Most people think of domestic violence as physical abuse, but it can take many forms, including manipulation, intimidation, and isolation.
Below, we explain the different kinds of domestic violence that can occur and give examples of each.
- Physical Abuse – Hitting, choking, biting, or otherwise physically assaulting; preventing someone from seeking medical attention or calling 911; forcing someone to take drugs
- Sexual Abuse – Forcing someone to engage in sexual intercourse or continuing to pressure them after they refuse; hurting someone during sex; manipulating someone into performing sexual acts
- Isolation – Preventing someone from interacting with others or leaving the house
- Control – Dictating someone’s every move, including how they can dress, who they can talk to, and what they can do
- Verbal Abuse: Coercion, Threats, & Blame – Making verbal threats to frighten someone or get them to do something; blaming someone for things they didn’t do; coercing someone to do things they don’t want to do
- Emotional Abuse & Intimidation – Continuously insulting someone; being overly possessive; threatening to hurt someone’s children or pets; humiliating or criticizing someone to make them feel insecure
- Financial Abuse – Closely monitoring someone’s spending and giving them an “allowance;” stealing money from someone’s account; preventing someone from working, earning their own money, or opening a bank account
- Digital Abuse – Sending unsolicited, explicit photos to someone; sending threatening messages to someone on social media; using someone’s password without their permission to log in to their accounts and monitor their interactions
As you can see, domestic violence can be physical, psychological, monetary, or digital. Any of these behaviors can result in criminal charges in San Diego.
What Happens To First-Time Offenders of Domestic Violence in San Diego?
The outcome will heavily depend on the facts of the case. While the offender’s criminal record will be a vital factor to be considered, other things – such as the severity of the victim’s injuries – will also play a significant role in the case.
For example, if it’s someone’s first offense but they inflicted severe bodily harm on the victim, they will likely face felony charges and imprisonment. However, in another scenario involving no injuries, a first-time offender may be eligible for probation and avoid jail altogether.
That’s why it’s essential to have a skilled domestic violence lawyer advocating for you. A lawyer will protect your legal rights and minimize your potential punishment.
Statute of Limitations for Domestic Violence Cases in California
Prosecutors generally have up to five years to file a charge of domestic violence against you. The clock starts running on the date the abuse was alleged to have occurred. If they fail to file charges by this statute of limitations deadline, they will likely not be able to prosecute you for the crime, except under extraordinary circumstances.
Schedule a Free Consultation With a San Diego Domestic Violence Lawyer Near You
Have you been arrested for domestic violence in San Diego? Prosecutors and judges take domestic violence matters extremely seriously. You need an attorney who knows how to protect you. Contact Blair Defense Criminal Lawyers to schedule your free initial case review with a skilled San Diego domestic violence attorney and secure the best possible results.
Domestic Violence Resources & Blogs
- How a Defense Lawyer Can Help If You’re Accused of Domestic Violence
- Domestic Violence – Common Tactics of Control
- Prosecution Tactics in Domestic Violence Matters
- How Much Time Am I Looking At for a Domestic Violence Charge?
- What Happens When A Domestic Violence Victim Doesn’t Want To Press Charges?
- Will I Go to Jail if Convicted of Domestic Violence?
- Domestic Violence Statistics in California
- Process of a Domestic Violence Case
