Misdemeanor Domestic Violence Charge in San Diego

Domestic violence charges are among the most common offenses in the California criminal justice system, and are therefore aggressively prosecuted, which means defendants are often subjected to severe criminal penalties that label them as an abuser for the rest of their lives. Fortunately, our attorneys at San Diego Domestic Violence Attorney, have extensive experience arguing domestic violence cases in San Diego and throughout Southern California. If you have been accused of domestic violence in San Diego, you may feel defeated, but there are a number of possible defenses a criminal defense attorney can use to clear your name. For example, it’s possible your relationship with the accuser doesn’t qualify as a domestic relationship, or perhaps the act of “domestic violence” was actually in self-defense or in defense of another person. If this is the case, you may be able to have the charges dropped. Contact San Diego Domestic Violence Attorney, today to find out how to best defend yourself against false domestic violence charges.

Common Charges in Domestic Violence Cases

There are a number of different Penal Code sections that can be applied to domestic violence incidents in California. If you have been charged with misdemeanor domestic violence in San Diego, it’s important to understand the charges against you so you can build an adequate defense. The following are some common charges in California domestic violence cases:

California Penal Code § 273.5 PC

California Penal Code § 273.5 PC makes it illegal for a person to injure a spouse, cohabitant or fellow parent in an act of domestic violence. Under this particular Penal Code, penalties resulting from a misdemeanor domestic violence conviction for what is referred to as “corporal injury to a spouse” may include up to one year in county jail and/or a fine of up to six thousand dollars. Penal Code § 273.5 PC can also be tried as a felony domestic violence offense if the victim suffers serious injuries.

California Penal Code § 243(e)(1) PC

One of the most common domestic violence charges in California is CA Penal Code § 243(e)(1), which deals with domestic battery, or the harmful or offensive touching of a spouse, and does not require that the victim suffer an injury for charges to be brought. Under this Penal Code, a misdemeanor conviction for the lesser offense of domestic battery carries a maximum county jail sentence of one year and a fine of up to two thousand dollars.

California Penal Code § 243(d) PC

Another possible charge stemming from a domestic violence incident may include California Penal Code § 243(d), which covers battery with great bodily injury to the victim, also known as aggravated battery. Individuals charged with misdemeanor battery causing serious injury may face up to one year in county jail and/or a fine of up to one thousand dollars.

California Penal Code § 273(d) PC

Domestic violence and child abuse or child endangerment often go hand in hand. In California, inflicting physical punishment on a child, or committing child abuse, is a criminal offense pursuant to California Penal Code § 273(d), and is punishable by a maximum county jail sentence of one year and up to six thousand dollars in fines.

Legal Consequences of Misdemeanor Domestic Violence

A domestic violence misdemeanor occurs when a person commits or threatens violence against another family member or household member. The two most common types of domestic violence involve physical abuse, such as punching, kicking or choking, and emotional abuse, such as humiliation or isolation, though there is also sexual abuse and coercion, reproductive coercion, financial abuse and digital abuse. California domestic violence laws protect a broad classification of people who live together, including spouses, dating partners, same-sex partners, roommates, housemates, elders and children, and while the crime of domestic violence typically includes assault and battery, it may involve other charges as well, including child abuse, child endangerment, or a restraining order violation.

There are other legal consequences that may go along with a misdemeanor domestic violence conviction, including the loss of gun ownership privileges under the Domestic Violence Offender Gun Ban, decreased ability to obtain employment or housing, and a loss of or change in child custody and visitation rights. As an accused domestic abuser, you may have a temporary or permanent restraining order issued against you, which means you could be required to move out of your home and be restricted in your contact with the victim and other family members. Being charged with domestic violence can also destroy your reputation among your family, friends and community, and cause problems at work and with any professional licensing you may have or wish to obtain.

Let Our Attorneys Build Your Defense

The penalties resulting from a misdemeanor domestic violence conviction are serious, and when a claim of domestic violence is brought against an individual in California, the prosecutor may take into account the severity of the victim’s injuries and the defendant’s criminal record when deciding on which criminal charges to pursue. First-time offenders in domestic violence cases may receive lighter sentences upon conviction than those with previous arrests or convictions, while severe injuries, like broken bones or permanent damage to the victim’s body or brain, will likely result in more severe sentencing.

Depending on the circumstances of your case, there are a number of possible defenses your attorney can use against domestic violence charges. If you have no criminal record, your attorney may call on character witnesses to demonstrate that you are not a violent person and have no history of abuse or domestic violence. If the alleged domestic violence was an accident, an act of self-defense or in defense of another person, such as a child, these facts can work in your favor, helping your attorney build a strong case in your defense. If you have an alibi for the time the alleged abuse occurred, your attorney may have enough to establish reasonable doubt, which may be your best defense if you believe you have been falsely accused of domestic violence.

Going to court for domestic violence can be scary, but there are a number of possible outcomes. In some cases, the prosecution has a difficult time getting the victim to testify, or doesn’t have enough evidence to go to trial, in which case the charges may be amended to a nonviolent offense, or dropped altogether and the case dismissed. If the prosecution moves forward with the case, having a criminal defense attorney on your side who is already familiar with your charges can mean the difference between going to jail and going home.

Free Domestic Violence Consultation in San Diego

California domestic violence laws are in place to provide protection for victims of physical and emotional abuse, but many innocent people are arrested and charged with domestic violence as a result of these laws. Domestic violence situations are often intensely emotional, and it’s common for misunderstandings to be blown out of proportion, which can tear families apart and result in unnecessary criminal charges. Even a misdemeanor domestic violence charge is a serious offense, and a conviction can change your life. If you have been charged with domestic violence in San Diego, it’s imperative that you enlist the help of a San Diego domestic violence attorney who will make sure your side of the story is told. Contact San Diego Domestic Violence Attorney, as soon as possible to discuss the best course of action for your case. With a skilled San Diego domestic violence attorney on your side, you can significantly improve your chances of having the charges against you reduced or dropped altogether.