Domestic violence charges might be common in San Diego, California, but that doesn’t mean you shouldn’t take them seriously. Prosecutors aggressively pursue these cases. You could face severe punishments for a domestic violence conviction.
You need a forceful legal defense to protect your rights. Attorney Peter Blair has advocated for the rights of individuals in the criminal justice system for more than a decade. As a top-rated San Diego criminal defense lawyer, he has been featured on several news channels, including Fox 5 in San Diego, CBS News, and ABC 10 News.
Contact our law firm to schedule your free consultation at (619) 357-4977 with an experienced San Diego domestic violence defense lawyer.
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How Our San Diego Criminal Defense Lawyers Can Help If You’ve Been Charged with Misdemeanor Domestic Violence
There may be one or more defenses that could result in a dismissal of misdemeanor domestic violence charges. However, you need an experienced San Diego criminal defense attorney who understands the law to investigate your case. You need a lawyer who is dedicated to defending your rights and freedom.
Attorney Peter Blair has received numerous awards for his legal services. He has been named on prestigious lists, including the Top 40 Under 40 by the National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. He also has been awarded a Superb 10.0 rating by Avvo.
When you hire our award-winning legal team, you can expect us to:
- Conduct a thorough investigation into the allegations of domestic violence
- Interview witnesses and gather evidence to build a solid defense
- Advocate for your rights if you are threatened with a domestic violence restraining order
- Build a defense strategy aimed toward an acquittal or dismissal
- Negotiate with prosecutors to have your charges reduced or dismissed
- In the alternative, prepare to argue your case in court or negotiate a fair plea deal
Each case is unique. Therefore, we base our strategy on the facts and circumstances in your case.
Call us today to schedule a free case evaluation with an experienced domestic violence defense lawyer in San Diego, CA.
What Is Considered Domestic Violence Under California Law?
Domestic violence is a criminal offense under the California Penal Code. Section 13700 defines domestic violence as abuse against an intimate partner. Abuse is committed when a person recklessly or intentionally uses or threatens the use of physical force.
There are several crimes you can be charged with under the umbrella of domestic violence.
Common domestic violence charges in San Diego include, but are not limited to:
- Domestic battery
- Aggravated battery
- Corporal injury to a spouse or inhabitant
- Child abuse, neglect, or endangerment
- Elder abuse
- Stalking and harassment
- Criminal threats
- Revenge porn
- Harassing phone calls
- Damaging a phone, cable, or electrical line
Domestic violence can take many forms. It can include physical abuse, isolation, emotional abuse, verbal abuse, threats, sexual abuse, and financial abuse. Intimidation, digital abuse, and control are also forms of domestic violence.
Are San Diego Domestic Violence Charges Misdemeanors or Felonies?
Many domestic violence charges are misdemeanors. However, domestic violence charges are wobblers. Wobblers are criminal offenses that can be charged as misdemeanors or felonies.
The facts and circumstances of the case determine whether a prosecutor charges you with a misdemeanor domestic violence charge or a felony. A prosecutor considers several factors when preparing charges.
Factors that could determine whether you face a felony or misdemeanor domestic violence charge include:
- Your criminal history
- The severity of the victim’s injuries
- The victim involved in the case
- The circumstances of the offense
An experienced San Diego domestic violence lawyer can argue for reduced charges based on the facts of your case and the potential defenses. You have a better chance of reducing a felony domestic violence charge to a misdemeanor with the help of a lawyer than on your own.
What Are the Potential Penalties and Consequences of a Misdemeanor Domestic Violence Conviction in San Diego?
Even though you face a misdemeanor charge for domestic violence, the court could sentence you with severe penalties. You could also face significant consequences for a conviction.
The specific penalties for domestic violence depend on the charges and the circumstances of the case.
However, examples of the consequences of a domestic violence conviction include:
- Mandatory minimum jail time
- Payment of fines and assessments
- Restitution payments to the victim
- Mandatory participation in domestic violence classes
- Loss of child custody rights
- A restraining order
- Probation
- Loss of gun rights
- Permanent criminal record
- Housing problems
- Damage to personal reputation
- Impact on immigration status
Domestic violence laws are intended to protect victims from abuse and harm. However, innocent people are charged with domestic violence.
False accusations, self-defense, and accidents could land you in jail. Experienced San Diego criminal defense lawyers understand the law and how courts and prosecutors decide domestic violence cases. Hiring a lawyer early in the case works in your favor.
Schedule a Free Consultation With Our San Diego Domestic Violence Lawyer
Let the San Diego criminal defense lawyers at Blair Defense Criminal Lawyers build a solid case defending you against misdemeanor domestic violence charges.
Our legal team will aggressively defend you against the charges to obtain the best possible outcome in your case. Call now for a free case review with a San Diego misdemeanor domestic violence lawyer.