When a domestic violence incident happens, it is often complex and challenging for all involved. Domestic violence is an issue faced by thousands of women and men each year. More than 17,000 reports of domestic violence in San Diego County occur each year.
Law enforcement is involved in these cases, and sometimes they file charges that are without merit or cause. They can be emotionally charged and more complicated than first thought without all the evidence presented.
While no one should have to encounter domestic violence in San Diego, California, when there are charges against you, you need a San Diego domestic violence lawyer that can help. You need to protect your legal rights, and the attorneys at San Diego Criminal are here to support your needs every step of the way. Call us today at (619) 777-7171.
- 1 San Diego Domestic Violence Lawyers on Your Side
- 2 Understanding San Diego Domestic Violence
- 3 San Diego Domestic Violence Penalties
- 4 Charges in a San Diego First Offense Domestic Violence Case
- 5 Types of San Diego Domestic Violence
- 6 Contact a San Diego Domestic Violence Lawyer Today
San Diego Domestic Violence Lawyers on Your Side
When you are facing charges of domestic violence in San Diego, California, finding a lawyer that can help you may feel like a daunting task. You need a lawyer that will fight for your rights and commit to helping you with your domestic violence case. The attorneys at San Diego Criminal are here to preserve your rights as well as your freedoms. We know the hardships you are facing, and the thought of being torn from your home and family is too much to bear. We will intervene in your case and prevent your family from being separated during this trying time. We will fight for your legal rights and provide you fair representation in court so that you can move past the domestic violence claims against you.
Understanding San Diego Domestic Violence
Domestic violence can take on many forms. Domestic violence occurs when violence or abuse happens to a partner or domestic spouse. This abuse typically happens in the home and shows a pattern of violent or aggressive behavior. This can be used to gain control or power over a partner or spouse. Domestic violence takes place between any two individuals that are involved in a relationship. This can transpire regardless of their race, sex, age, education, or role in the family or household. It can also involve physical violence, threats or intimidation all in an attempt to gain power over that individual.
Charges of domestic violence in San Diego, California include abuse from the following individuals:
- A spouse that you are married to, separated from or divorced from
- Relationship partner that you live with
- Someone that you are dating or have dated in the past
- A person that you live with or have lived with, in the past
- Someone you had a child with
- Your own child
- Anyone related to you by marriage or family bonds
San Diego Domestic Violence Penalties
Charges of domestic violence in San Diego, California against an individual range from a misdemeanor to a felony. The court takes into account all the events of crime as well as any past criminal history you may have on your record. For this reason, you need a domestic violence lawyer on your side as you are looking at strict penalties that include hefty fines as well as jail time. Depending on your charges you could face:
Misdemeanor charges: The sentencing for a San Diego misdemeanor domestic violence charge may include up to one year in jail as well as a fine of up to $6000.
As a felony, you are facing up to four years in state prison as well as a fine up to $6000.
Charges as a non-citizen
If you are not a citizen of the U.S. that is charged with domestic violence in San Diego, California, deportation could be ordered if convicted of the crime. Misdemeanor offenses carry a weight of one year in jail and up to a $2000 fine.
Having a domestic violence lawyer on your side can help you reduce the charges you are facing. There are instances when reduced domestic violence charges happen. Disturbing the peace charges only require up to 90 days in jail. You will not have a domestic violence charge on your record with this conviction, allowing you to avoid further prosecution from society. Domestic violence charges may include additional criminal offenses such as child abuse or endangerment as well as restraining orders. Your domestic violence lawyer at San Diego Criminal can help you fight the claims against you and help you get justice in your case.
Charges in a San Diego First Offense Domestic Violence Case
When charged as a first-time offender of domestic violence in San Diego, California, there are several factors to consider in your case. Depending on the events in your case as well as your past criminal history and any injuries that occurred to the victim before your arrest, you face a series of sentencing requirements. You may face a minimum of 30 days in jail or a minimum of probation as a first-time offender, depending on all the circumstances in your case. The judge will look at the severity of the injuries of the victim as well as if you have a history of criminal violence. A domestic violence lawyer can help prove your integrity to a judge and showcase these events as a one-time offense. The attorneys at San Diego Criminal use all evidence in a case to fight the claims against you and work to get you fair sentencing minimums.
Without the accurate evidence, a prosecutor has a difficult time proving that domestic violence took place. Dismissal of your case or reduced charges can happen if there is not enough evidence to prove that abuse took place. You have a legal right to fight the charges that have been filed against you. A domestic violence lawyer can advise you on your legal rights and work to establish a case that fights the charges against you. The attorneys at San Diego Criminal will guide you through the legal process and represent you every step of the way in your court battle. You are not alone. Our attorneys will work diligently to reduce your sentencing and the charges against you.
Types of San Diego Domestic Violence
While there is a variety of circumstance that dominates whether domestic violence in San Diego, California, has happened, there are some key types of the abuse that you should be aware of to prevent charges against you. Domestic violence may include violence or abuse that is:
A victim may claim domestic violence in cases where an act of self-defense was involved, or a need to protect a child or family member. Alleged victims may use domestic violence as a way to leverage their rights as a parent to obtain custody of a child, or to gain sympathy from others when there has been no act of violence or abuse. It can be difficult for law enforcement to distinguish what is the truth in incidents such as these and you need a domestic violence lawyer that will stand by your side and tell your side of the story. Allowing these charges to remain on your record can be devastating to your future and affect your life going forward.
You need a lawyer that can fight the claims against you and fight for your legal rights in court. Without legal representation, you are facing stiff penalties that include jail and large amounts of money. When you are innocent, you need your name cleared, and the attorneys at San Diego Criminal can work to prevent domestic charges from appearing on your record when they are not warranted.
With the possibility of having a felony on your record from domestic violence in San Diego, California, you could lose the potential to find quality work, a good home, and future education. Working with a domestic violence lawyer today can help you understand what the best course of action for your case is and work to build a case that fights the claims against you. This can result in reduced sentencing and charges on your record, and in some cases cause all charges to be dropped against you – clearing your name in the process. Do not allow the stigma of domestic violence to taint your good name. By working with a domestic violence lawyer at San Diego Criminal, you can get the second chance you deserve.
Contact a San Diego Domestic Violence Lawyer Today
When you are facing charges of domestic violence in San Diego, you need to understand the seriousness of these claims against you. Often, these charges are false, and a domestic violence lawyer can help clear your name as well as your record. Discussing your case with an attorney at San Diego Criminal can help you understand your legal options and help guide you through the legal process. Contact San Diego Criminal to set up a free consultation today.