Experienced Domestic Violence lawyer in San Diego, CA

Have you been charged with domestic violence in San Diego, CA?  A domestic violence conviction can have serious consequences, including jail time and financial penalties. You could even lose time with your children and be forced to leave your home. Contact an experienced San Diego domestic violence attorney at (619) 357-4977 for immediate assistance from the attorneys at Blair Defense Criminal Lawyers.

Our founding attorney has years of experience handling complex domestic violence cases. We’ve helped countless clients move forward with their lives after an arrest or allegations of domestic abuse.

It’s important to take action quickly. To learn more about how we can help, call our law firm in San Diego, to schedule a free consultation today.

How Blair Defense Criminal Lawyers Can Help if You Were Arrested for Domestic Violence in San Diego

How Blair Defense Criminal Lawyers Can Help if You Were Arrested for Domestic Violence in San Diego

A domestic violence conviction can significantly change your life. Even if the charges are false, you could face immediate consequences. Our experienced criminal defense lawyers in San Diego, CA at Blair Defense Criminal Lawyers are ready to start protecting your rights immediately.

Our lawyer will start waging your defense from the moment that you’re accused of a crime. We won’t stop until we’ve secured the best possible outcome in your case–whether that’s winning an acquittal or having the charges dropped or reduced. 

Our founding attorney knows the criminal laws in San Diego inside and out and is ready to fight for you.

Hiring our San Diego domestic violence attorneys means 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 restraining order
  • Negotiate with prosecuting attorneys to have your charges reduced or the case dismissed
  • Providing a vigorous legal defense before a judge and jury if necessary

We know that every domestic violence charge is unique. That’s why we put in the hard work necessary to build a custom-tailored defense for every client. To learn more information about how we can help, reach out for a free initial consultation today. Peter Blair is considered highly among his peers, with many years of experience.

How Can We Achieve a Favorable Outcome For Your Domestic Violence Case?

There are many options available to us as we represent you during your domestic violence case. Those options include, but are not limited to:

  • File a motion on your behalf to remove unlawful evidence
  • Request evidence from the other side during the discovery process
  • Present the evidence we gather during discovery in the best possible light
  • Provide arguments on your behalf throughout the entirety of your case 
  • Hire expert witnesses to testify on your behalf if necessary

We have significant resources and are willing to dedicate as much as is required to protect your interests. That’s true regarding every issue of contention regarding your case.

Do Domestic Violence Cases Get Dismissed?

Do Domestic Violence Cases Get Dismissed?

Of course. Domestic violence cases get dismissed all the time. Why? False allegations of domestic violence are common. Roughly 8% of Americans report being the victims of false domestic abuse allegations. Cases based on false accusations often get dismissed when the prosecution evaluates the case and sees deficiencies in the evidence.

Other cases get dismissed when the alleged victim retracts their allegations and/or decides not to testify. Deprived of their key witnesses, the prosecution will typically decide to drop the case, although they don’t have to.

In essence, cases get dismissed when the prosecution doesn’t have enough evidence to prove its case beyond a reasonable doubt. Blair Defense can hold the prosecution to this high standard in your case. Contact us today to get started.

Is Domestic Violence Considered a Felony? 

Is Domestic Violence a Felony?

Not always. Domestic violence charges are considered what are known as “wobbler” offenses in the State of California. This means there is no set determination for how they are charged; they could be charged as either a misdemeanor or a felony.

The facts and circumstances of the case will dictate how the offense is charged. The prosecution also has discretion on when and how to charge the cases it handles and there are orders of magnitude. For example, the prosecution may elect to pursue a case as a felony when it thinks it has more than enough evidence to prove the case. However, the prosecution does not always act coherently and so this is not a hard and fast rule.

Regardless of how your case is charged, you have options when you hire us to represent you. In some cases, we can have a felony charge reduced to a misdemeanor (if not outright dismissed). Members of our legal team are highly experienced with domestic violence cases, and we know how to fight back against the prosecution.

Contact a San Diego domestic violence attorney with Blair Defense Criminal Lawyers today. Your interests and property matter to us.

Types of Domestic Abuse

There are many different types of domestic violence. And not all violence is physical. We’ve discussed the ways California defines domestic violence. But more broadly, domestic abuse can include:

  • Physical Abuse
  • Sexual Abuse
  • Isolation
  • Control
  • Verbal Abuse: Coercion, Threats, & Blame
  • Emotional Abuse & Intimidation
  • Economic Abuse

Contact Blair Defense if you’ve been accused of one of these forms of abuse. We can help you protect your rights and defend you against unfounded allegations.

What is Considered a Domestic Relationship in California?

When Is a Relationship Considered Domestic?

California law does not technically define when a relationship is considered domestic. However, 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.”’

This piece of the penal code is fairly informative, though it also leaves plenty of room for interpretation and nuance. You might consider yourself in a domestic relationship with your loved one, but the law might not. For instance, the code does not mention a sexual relationship or a long-term relationship (and does not define those terms). On the other hand, a meet-up between two social acquaintances probably does not constitute a domestic relationship based on the above quote.

Of course, statutory and regulatory law is only part of the picture; there is also judge-created “common law” that arises out of the cases they decide. 

The primary takeaway is that there is no clearcut answer for when a relationship is considered domestic. There are cases where there is such a relationship and others where it is less clear. Our San Diego domestic violence lawyers are up to the task in either event. Contact us, and learn more about our services. 

What Is a Cohabitant? 

Definition of a Cohabitant

The California Penal Code defines cohabitants as “two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship.” 

Note that there is some room for interpretation in this definition. For instance, what “substantial” and “permanency of relationship” means could decide whether two people are considered cohabitants and are not clearly articulated in the code. 

As mentioned above, judge-created common law does often interpret laws like the penal code and so some of the room for interpretation may be irrelevant in some cases. Our attorneys will be sure to determine whether an argument is warranted in your case.

How Does the Government Define Domestic Violence in California?

Overview of Domestic Violence Laws in California

Domestic violence is a criminal offense based on the close relationship between the defendant and the alleged victim. Is a practice area that covers many different types of criminal offenses. It is the relationship between the parties that characterizes the underlying offense as domestic violence. These offenses often carry enhanced penalties that would not apply.

Overview of Domestic Violence Laws in California

Domestic violence allegations can involve physical, emotional, and even financial abuse against a family member. Often, the victim of domestic violence will allege a pattern of abuse or violence within the household.

Our law firm in San Diego handles all types of domestic violence cases, including those involving:

Our legal experts are ready to start building the strong defense you deserve. For trusted legal advice, contact us to get help with your case.

Domestic Battery

California law defines battery as the unlawful and willful use of force or violence against another person. 

The criminal offense is classified as “domestic battery” if it is committed against someone with whom you shared a “domestic relationship.” California criminal laws generally define the term:

  • A spouse or former spouse
  • Romantic intimate partners
  • Former romantic partners
  • Cohabitants and former cohabitants (roommates or a partner)
  • The parent of the alleged abuser’s child
  • 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, including probation and counseling.

Domestic Assault and Battery With Serious Physical Injury

Under California Penal Code 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. These charges happen when the victim accuses you of causing a traumatic injury.

“Traumatic injuries” are defined to include bodily conditions caused by the use of physical 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 only prove:

  • You shared a domestic relationship with the alleged victim
  • You willfully inflicted the bodily injury

Our team can help you fight the charges. To get started, call our law firm for a case evaluation.

Stalking and Harassment

The term “domestic violence” also encompasses situations where you aren’t accused of causing physical harm.

You can face stalking or harassment charges if you:

  • Repeatedly contact or follow the alleged victim 
  • Make some type of credible threat or making 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 on domestic stalking charges.

Criminal Threats

To convict on criminal threats charges under California law, the prosecution must prove the following:

  • You threatened to commit a crime 
  • The crime, if committed, would likely cause great bodily injury 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

Prosecutors don’t have to prove that you intended to carry out the threat. Criminal threats can form the basis for a domestic violence charge if you shared a relationship with the person threatened.

Statute of Limitations for Domestic Violence in California

Statute of Limitations for Domestic Violence in California

Prosecutors 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 alleged crime, except under extraordinary circumstances.

Contact us today for more information about the statute of limitations in your case.

Federal Law for Domestic Violence

Federal Law for Domestic Violence

A few important pieces of federal law are worth mentioning in the domestic violence context. However, keep in mind that these cases primarily will involve state law.

Domestic violence is a felony crime under the Violence Against Women Act (VAWA) of 1996. This statute recognized domestic violence as a national crime and aimed to help the government combat an overburdened criminal justice system.

It is also a felony to commit an act of domestic violence under the Gun Control Act; this piece of legislation was modified in 1994 and 1996 to that end. This law makes it illegal for certain domestic violence abusers to own firearms.

As is the case with other areas of law in the same realm as domestic violence, such as divorce, spousal support, child visitation, and meditation, federal law and state law often speak on the same subject. A skilled San Diego domestic violence lawyer is more important than ever in those instances.

What are the Penalties for Domestic Violence in San Diego?  

What are the Penalties for Domestic Violence in San Diego, California?  

Domestic violence charges often carry enhanced penalties when compared to “ordinary” criminal charges. 

If convicted, you can still be sentenced to prison or jail and ordered to pay financial penalties. California 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 financial penalties, your punishment may also include:

  • Probation
  • Participation in a counseling program 
  • Other types of counseling
  • Payments to a battered women’s shelter
  • Imposition of a protective order
  • Temporary or permanent restraining order.

Restraining orders can dramatically restrict your activities and make your life difficult. If the court imposes a restraining order, violating that order is another criminal offense in itself.

The collateral consequences of even a misdemeanor conviction can also be harsh.

If convicted, you could also have to deal with:

  • Possible family court issues when they’re children involved; including child custody & 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 finding employment or housing

Most domestic violence offenses are “wobblers.” These crimes can be charged as a felony or misdemeanor, depending on the exact circumstances. That makes the skill and experience of your attorney particularly important.

At Blair Defense Criminal Lawyers, we’ve been handling complex cases for years. We know how the prosecution thinks–and we know how to work to have the charges dropped or reduced. To learn more information about how an experienced San Diego domestic violence lawyer can help, visit our contact us page for a free case evaluation today.

What Defenses Can Be Raised if I’m Accused of Domestic Violence? 

What Defenses Can Be Raised if I’m Accused of Domestic Violence? 

You don’t have to accept an arrest and criminal charge at face value. The fact is, not all allegations of domestic abuse are justified. Law enforcement officials often make arrests based on accusations made when emotions are running high.

Unfortunately, it can be particularly difficult to demonstrate that you’ve been falsely accused without legal help. You deserve a strong legal expert that judges and prosecutors will take seriously.

Our law firm in San Diego will help you build the effective defense you need. Every domestic violence case is unique, so the exact details of your defense will vary depending on the situation.

Examples of potential defense 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 albi or other evidence
  • Challenges to the prosecution’s evidence

There are many different types of evidence that can be useful in building your case. Our San Diego domestic violence attorneys will interview witnesses who can support you based on false accusations. We may even be able to use technological evidence, such as cell phone data, to demonstrate your innocence.

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.

Schedule a Free Consultation With a San Diego Domestic Violence Lawyer

Have you been arrested or charged with domestic violence in San Diego?  Prosecutors and judges take domestic violence cases extremely seriously. You need an attorney who knows how to protect you. Contact Blair Defense Criminal Lawyers to schedule your free consultation with a skilled San Diego domestic violence lawyer and secured the best possible outcome.

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San Diego, CA Courts

  • San Diego County Family Resource – 7947 Mission Center Ct, San Diego, CA 92108
  • San Diego DWC District Office – 7575 Metropolitan Dr #202, San Diego, CA 92108
  • Juvenile Court – 2851 Meadow Lark Dr, San Diego, CA 92123
  • San Diego Superior Court’s Traffic and Minor Offense Division – 8950 Clairemont Mesa Blvd, San Diego, CA 92123
  • San Diego Central Courthouse – 1100 Union St, San Diego, CA 92101

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