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A domestic violence or domestic battery conviction leaves you facing serious consequences in every area of your life. You could end up losing your job, your family and everything you know – and you could end up spending time behind bars.
When the police come to your home and accuse you of spousal abuse or arrest you for domestic violence, you know that you’re in for an uphill battle.
You don’t have to fight that battle alone.
The first thing you should do is get in touch with a domestic violence lawyer in San Diego who understands California domestic violence law.
If police arrest you, you don’t have to – and shouldn’t – answer their questions until your domestic violence attorney is present.
Your attorney will be able to preserve your rights and ensure that the questions police or investigators ask you are fair and legal. He’ll begin building a defense strategy that can clearly define your side of the story long before you even go before a judge.
Domestic Violence Laws & Penalties
Call a Domestic Violence Lawyer in San Diego Now
You don’t have the luxury of time if the state is accusing you of spousal abuse. The sooner you get in touch with a domestic violence lawyer in San Diego, the better.
We work with all types of domestic violence cases, including domestic battery, aggravated domestic battery, domestic violence restraining orders and orders of protection.
Call us at 619-399-3366 or contact us online.
Frequently Asked Questions
What Does the State of California Consider Domestic Violence?
In Section 242, the Penal Code defines battery as a “willful and unlawful use of force or violence against the person of another.” Section 243(e)(1) of the Penal Code criminalizes battery within one of the specified familial or intimate relationships. Alternatively, a prosecutor can choose to charge the defendant with battery under Section 243(d) if the defendant “inflicted serious bodily injury” on the victim. Battery under Section 243(d) reflects a greater degree of harm suffered by the victim of domestic violence.
Domestic violence can include, but is not limited to:
- Acts of intimidation
- Open-handed slapping
- Sexual abuse
- Threats of harm
Domestic Violence Charges in California and in San Diego County
California domestic violence laws make it illegal to use physical force–or to communicate threats of harm–against an intimate partner.
Penal Code 273.5 makes it illegal to inflict a “corporal injury” resulting in a “traumatic condition.” A person commits this crime by striking his/her intimate partner in some violent way and causing a visible injury, even a slight one such as swelling or a bruise. This California domestic violence law can be charged if the alleged victim is a current or former spouse or cohabitant or the parent of your child.
Penal Code 243(e)(1) makes it a misdemeanor crime to inflict force or violence on an intimate partner…a category that includes your fiancè, cohabitant, the parent of your child, or your current or former spouse or dating partner. Unlike Penal Code 273.5, this California domestic violence law does not require a visible injury.
Unfortunately, domestic violence and domestic battery accusations are often unfounded. In San Diego and the rest of California, it’s too common for a spouse, an ex or a significant other to make up allegations of abuse. Spousal abuse is a serious crime, but in many cases, the accuser exaggerates or completely fabricates a story to make the situation worse.
Some domestic violence allegations are made during difficult divorces or drawn-out child custody battles. Others are made out of sheer spite after a breakup. In many cases, prosecutors follow up with these types of charges, even after the accuser recants his or her accusations.
People across San Diego are convicted of domestic violence every day, and the state considers it a violent criminal offense. Whether you actually made a mistake or the allegations are false, it’s essential that you work with a domestic violence lawyer in San Diego.
The Consequences of a Domestic Violence Conviction in California
Depending on the circumstances surrounding your case, the state could charge you with a Class 4 felony or a Class A misdemeanor. You could face up to one year in jail and a fine of up to $2,500 – but if you have prior convictions, a judge could sentence you to up to 3 years in state prison and fine you up to $25,000.
A judge could also order you to attend counseling or anger management classes, or to probation. There are long-term consequences, as well, including restrictions on where you’re permitted to live, revocation of occupational or professional licenses, and even possible repercussions when it comes to custody of your children.
By working with a domestic battery attorney in San Diego, you’ll have someone in your corner. Someone who is willing to fight for you; someone who will ensure that your side of the story comes out in court.
Even if the state has already charged you with a domestic violence offense, it still isn’t too late to get in touch with an attorney.
Your lawyer will be there with you during the entire process. He’ll explain your rights, walk you through possible outcomes and answer your questions every step of the way.
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Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether.
Regain Peace of Mind
Domestic violence is a serious problem for everyone involved. Our goal at the Law Offices of Jamahl C. Kersey, Esq is to resolve the complicated issues surrounding domestic abuse efficiently and effectively for men, women and children, and particularly for those falsely accused of domestic abuse.
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Call us at 619-399-3366 or get in touch with us online. You deserve to have a knowledgeable lawyer in your corner – and we can help.
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