Domestic violence is a serious crime with severe consequences if convicted. If you are charged with domestic violence, there are many steps you need to take to ensure the best outcome for your case.
Most importantly, you should find a lawyer who is experienced in handling domestic violence cases. Having a knowledgeable attorney can make all the difference by guaranteeing that your rights are protected as you navigate this process.
If you were arrested for domestic violence in San Diego, CA, contact our criminal defense law firm Blair Defense Criminal Lawyers to schedule a free consultation at (619) 357-4977.
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How Our San Diego Domestic Violence Lawyers Can Help Minimize Your Potential Penalties
If you have been arrested for domestic violence, it is critical that you find the right San Diego domestic battery attorney to represent you.
The experienced San Diego criminal lawyers at Blair Defense Criminal Lawyers understand the seriousness of these types of cases and are here to help. Here’s how:
- We have been handling criminal cases for more than a decade, so we have the skills necessary to navigate even the most complicated domestic legal matters.
- We will thoroughly investigate your case to determine if your arrest was legitimate and explore any other possible violations of your rights.
- We’ll gather exculpatory evidence and negotiate with the prosecution on your behalf.
- We’ll represent you in court and protect your rights throughout the case.
If you want to know more about domestic violence penalties in San Diego, California, we’re here to help. Contact our San Diego criminal defense lawyers today to schedule a free consultation.
Overview of Domestic Violence in California
In California, domestic violence is defined as any act of violence perpetrated by one person against another within the context of an intimate relationship. This includes physical violence such as punching, kicking, restraining, or throwing objects.
It can also include verbal and emotional abuse such as name-calling, yelling, threatening behavior, intimidation tactics, and threats of harm or death. Domestic abuse can also take the form of psychological manipulation or economic exploitation.
Domestic Violence Penalties in San Diego, CA
In California, there are several crimes that qualify as domestic abuse. It’s important to understand what these crimes are and how they are handled by the court system.
Some of the most common ones include the following:
Domestic Battery
Domestic battery occurs when an individual willfully and unlawfully uses force or violence against an intimate partner. This is a misdemeanor charge, and a conviction for domestic battery can result in up to one year in county jail and/or up to $2,000 in fines. It can also result in probation with certain conditions such as anger management classes or participation in a batterer’s program.
Corporal Injury To a Spouse or Intimate Partner
Corporal injury to a spouse or intimate partner occurs when an individual intentionally and unlawfully inflicts injury on the alleged victim, and it results in even the slightest physical injury. Most people think of this criminal offense when they hear the term “domestic violence.”
This crime can be charged as a misdemeanor or a felony and carries stiffer penalties than those associated with domestic battery, including one to four years in prison. The court may also require additional conditions, such as counseling sessions or participation in rehabilitation programs for batterers.
Criminal Threats & Stalking
Criminal threats involve threatening someone with serious harm. Stalking involves harassing or threatening a person to the extent that they fear for their safety or the safety of their family.
Criminal threats can be charged as a misdemeanor or a felony and carries up to four years in prison if charged as a felony. Stalking can also be charged as a misdemeanor or a felony, depending on the defendant’s criminal history.
What Defenses Can Be Raised If I’m Accused of Domestic Violence in San Diego?
If you are facing charges of domestic abuse, it’s important to understand your legal options. The following are some of the most common defenses to domestic violence charges:
Self-Defense
The first and most common defense used in domestic abuse cases is self-defense. To use this as a valid defense, the defendant must prove that they were responding to an imminent threat of violence or bodily harm from the alleged victim. The defendant must also prove that their response was reasonable and proportional to the perceived threat and did not cause undue harm or injury to the alleged victim.
Accident
Another common defense used in domestic abuse cases is that it was accidental. A defendant must prove that no harm was intended for the alleged victim and that any injuries resulted from an accident or mistake rather than intentional actions.
False Accusations
Another common defense used in domestic violence cases is false accusations. To successfully use this defense, the accused must demonstrate that they were falsely accused by another person who has a vested interest in seeing them convicted and that there is no evidence to support those accusations. For example, if the parties are involved in a contentious custody dispute, this could provide a motive for falsely accusing the other person.
Schedule a Free Case Evaluation With Our San Diego Domestic Violence Attorneys
Domestic violence is a serious charge with significant consequences if convicted. It’s important for anyone facing these charges to understand their legal rights and options so they can make informed decisions about how to proceed with their case.
For help with your case or to learn more about domestic violence penalties in San Diego, CA, contact our San Diego criminal defense team at Blair Defense Criminal Lawyers to schedule a free consultation.
