Were you arrested for a felony domestic violence charge in San Diego, California? Life can change in a second, and it’s important that you know what you’re facing and what steps to take in this situation. California law takes these cases very seriously, so having experienced legal guidance is important for all defendants.
If you’re facing an accusation, it’s important not to talk to police or prosecutors without first getting legal help. Contact Blair Defense Criminal Lawyers to schedule a free consultation with our domestic violence lawyers in San Diego. Or call us at (619) 357-4977 to get more help.
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Why Choose Blair Defense to Help Me if I Am Arrested for Felony Domestic Violence in California?
Facing a felony domestic violence charge in San Diego, California, is stressful and can affect your life in ways you never could have imagined. Our San Diego criminal defense lawyers understand what’s at stake and are ready to help you fight back.
Some reasons people rely on Blair Defense:
- Over 14 years of experience defending against criminal charges
- Highly rated representation, with over 120 five-star reviews from past clients
- Recognition from legal organizations, such as Super Lawyers and the Multi-Million Dollar Advocates Forum
Dealing with domestic violence charges is overwhelming for anyone. Let our experienced San Diego domestic violence defense lawyers stand by your side and help you walk away with the best outcome possible.
Overview of Felony Domestic Violence in California
In California, it is a crime to cause a physical injury to a spouse, cohabitant, boyfriend or girlfriend, or the parent of your child. This offense is typically called corporal injury to a spouse or intimate partner and falls under the category of domestic violence, often being charged as a felony.
To be convicted, there must be some physical evidence of injury, but the injury does not have to be severe. Even something as minor as a small bruise, scratch, or red mark can be enough for prosecutors to move forward.
What Are the Penalties for a Felony Domestic Violence Charge in San Diego, California?
A felony conviction for domestic violence leads to serious penalties, even for a first-time offense:
- Two, three, or four years in state prison
- Fine of up to $10,000
If you have prior convictions for related offenses within the past 7 years (such as assault with a deadly weapon, sexual battery, or another domestic violence conviction), the sentence increases to two, four, or five years in prison.
You can also face other penalties and collateral consequences, including:
- Strict probation conditions if probation is granted
- Possible requirement to pay restitution to the alleged victim
- Court-ordered counseling, community service, or batterer’s treatment programs
- Restraining orders that limit your contact with the victim
- Restricted child custody or visitation rights
A felony domestic violence conviction can change everything. Getting legal assistance right away is the best way to defend yourself and understand all your options.
What Defenses Can Be Raised if I’m Arrested for Felony Domestic Violence?
Facing a felony domestic violence charge can feel overwhelming, but there are possible defenses that a skilled attorney can use, depending on the specifics of your case. Here are some defenses often raised by attorneys:
False Accusations
It’s not unusual for emotions to run high during household disputes, sometimes leading to allegations that are untrue. In some cases, the alleged victim may deliberately misstate or exaggerate what happened, often due to jealousy, anger, or to obtain an advantage in legal proceedings like family court. Your attorney can point out inconsistencies in the statements and gather evidence to challenge these false accusations.
Accident
In some cases, the alleged injury might have happened unintentionally. If there was no criminal intent and an accident caused the harmful contact, you could be found not guilty.
Self-Defense or Defense of Others
California law recognizes a person’s right to protect themselves or another from harm. If your attorney can show you responded with reasonable force after being threatened or attacked, you could have a valid defense.
Plea Deals
Not every case ends up in trial. Depending on the evidence, your best option might be to plead guilty to the charge you’re facing or a lesser offense. This can help you avoid jail time and ultimately lead to lesser penalties.
The right defense depends on the specifics of your case, and an attorney can evaluate the situation and decide what will work best.
Schedule a Free Consultation With Our San Diego Felony Domestic Violence Defense Lawyers
Being charged with felony domestic violence does not have to define the rest of your life. Options are still available, whether it’s fighting the charges, seeking treatment, or negotiating for reduced penalties.
Every case is different, so make sure you work with a lawyer who will listen to you and build the best possible defense for your case. When you’re ready to get started on your defense, call Blair Defense to schedule a free consultation with an experienced San Diego felony domestic violence defense attorney.