Are you facing domestic battery charges in San Diego, California? The consequences of a conviction can be life-altering and far-reaching. You need a fierce legal advocate to protect your legal rights if you’re dealing with domestic violence allegations.
The San Diego domestic battery attorneys at Blair Defense Criminal Lawyers are ready to fight for you. We’ve handled thousands of criminal cases, and we’ve been standing up for the accused for over a decade. We know the California criminal justice system and how to find weaknesses in the prosecution’s cases.
Call our San Diego, CA law office today to schedule a free consultation at (619) 357-4977. You need to act quickly, so the sooner you get us on your side, the sooner we can start building a winning defense strategy.
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How Our Criminal Defense Attorneys Can Help If You’ve Been Charged With Domestic Battery in San Diego, CA
You can be looking at jail time, hefty fines, and other penalties if you’re convicted of domestic abuse in San Diego. That’s why it’s critical to have an experienced San Diego Domestic Violence Attorney advocating for you and working with the prosecutor.
Blair Defense Criminal Lawyers is here to help you navigate every step of the legal process.
When you hire our award-winning San Diego criminal defense lawyers to represent you in your domestic battery case, we’ll:
- Evaluate the prosecutor’s evidence against you to determine any weaknesses or deficiencies in their case
- Listen to your side of the story and speak to witnesses, family members, and law enforcement
- Prepare a defense strategy tailored to the facts of your situation
- Negotiate with the district attorney to have your domestic battery charges reduced or dismissed
- Fiercely defend you in court in San Diego County if it’s in your best interest
We’re prepared to do everything possible to get the best outcome for you. Contact our law firm as soon as you can for a free and confidential case evaluation.
What is Domestic Battery in California?
The state of California defines simple battery as unlawfully and willingly using violence or force against someone else.
California Penal Code Section 243(e)(1) states that domestic battery is battery inflicted against any of the following people:
- A spouse
- A former spouse
- Someone the defendant is living with
- A co-parent of the defendant’s child
- A fiance
- Any person the defendant has dated or been engaged to
The defendant doesn’t have to have a romantic relationship with a cohabitant under this statute. They must live together; that could include a child, roommate, or any other person living in the same household.
How Does the Prosecution Prove Domestic Battery in California?
To convict you of domestic battery, the prosecutor has the burden of proving that:
- You unlawfully and willfully touched the alleged victim;
- The touch was offensive or harmful; and
- The alleged victim is one of the people covered under Section 243(e)(1).
“Willfully” means doing something on purpose. To convict under this section, you don’t have to intend to harm the alleged victim or break California law.
For example, if you throw a cell phone toward your spouse during an argument and it accidentally makes contact with their arm, you may face domestic battery charges – even if you didn’t intend for the phone to hit them. Your act of purposefully throwing the object in their direction may be enough to prove willful contact.
Additionally, you don’t have to cause any type of pain or injury to be convicted. Slight contact is enough if it’s done in a harmful or offensive manner, such as if you’re being rude or acting angry.
For example, if you playfully push your roommate while playing a video game, that’s likely not enough for a domestic battery charge. However, if you nudge your spouse during a heated exchange, it may rise to the level of domestic battery because you were angry during the situation.
What Are the Penalties for a Domestic Battery Conviction in California?
The penalties you face for a domestic battery conviction will depend on the severity of the offense.
Domestic battery is typically charged as a misdemeanor and is punishable by any of the following penalties:
- A fine of up to $2,000
- Up to one year in jail
- Participation in court-appointed counseling or a batterer’s treatment program for at least one year
- Payment to a battered women’s shelter of up to $5,000
- Payment to the victim for counseling and other reasonable expenses arising from the domestic battery
However, if you purposefully inflict a corporal injury against the victim that causes a traumatic condition, you may face felony charges. A traumatic condition may include an external or internal wound or injury caused by suffocation, strangulation, or physical force.
This felony offense could be punishable by:
- Two to four years in prison
- A fine of up to $6,000
- Both imprisonment and a fine
You may face even steeper penalties if you’ve been convicted of simple or domestic battery in the last seven years. In that case, you could face up to five years in prison and a fine of up to $10,000.
What Are the Collateral Consequences of a Domestic Battery Conviction in CA?
In addition to jail time, fines, and other penalties imposed by the court, you could face several other collateral consequences due to a domestic battery conviction, including:
- The loss of your job and inability to find new employment
- A restraining order
- Issues with child custody and visitation
- The loss of your professional certification or license
- Immigration issues
- Damage to your personal and professional reputation
- Trouble getting a loan or housing
A domestic battery conviction in San Diego can have significant consequences. Don’t try to take on these charges alone. Get a San Diego domestic battery lawyer in your corner to help you fight for the best results.
How Can I Defend Myself Against Domestic Battery Allegations in California?
There may be many defenses to employ in your San Diego domestic violence case, including but not limited to:
- You were acting in self-defense or defending someone else
- You didn’t have willful intent to make contact with the alleged victim
- The touch wasn’t harmful or offensive
- The alleged victim isn’t a protected person under Section 243(e)(1)
- You were mistakenly identified or falsely accused of the domestic battery
- A violation of your constitutional rights (e.g., illegal arrest, search, or seizure)
Other defenses may apply based on your situation. Contact our San Diego domestic violence attorneys for help.
Schedule a Free Consultation With Our San Diego Domestic Battery Attorneys
If you’ve been charged with domestic battery in San Diego, CA, you don’t have much time to take action. Contact Blair Defense Criminal Lawyers for a free initial consultation to get the legal advice you deserve. We’re available 24/7 to take your call.