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.
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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 San Diego criminal defense attorneys 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 a 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.
What is Domestic Violence 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:
- Domestic battery
- Violating a protective order
- Stalking and cyberstalking
- Child abuse
- Child endangerment
- Sex crimes
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.
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 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:
- 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.
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
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.
What are the Penalties for Domestic Violence in San Diego?
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:
- 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.
A restraining order 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?
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.
Domestic Violence Resources & Blogs
- 5 Things To Remember If You’re Up Against False Accusations In Court
- Pleading Guilty: Should You Do It, Or Proceed To Trial?
- What Happens If You Get An Out Of State Warrant For Arrest?
Read more clients’ testimonials here.
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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