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Posting Bail For Domestic Violence In San Diego

Are you wondering how posting bail for domestic violence in San Diego works? Here, we explain how to post bail and how domestic violence bail bonds work.

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If you or your loved one are arrested it can be a truly scary experience. Having the police come along, arrest you, and then take you to jail can feel like a nightmare situation. 

When the crime you are arrested for relates to domestic violence, being taken into police custody can be even more of a worry. You see, San Diego County law takes accusations of domestic violence extremely seriously. The law is in place to protect victims from the potentially deadly consequences of domestic violence. So, when reports of domestic violence come in, police officers are required to act fast to protect the victim. This means that an arrest being made is highly likely when police attend the incident. 

Making an arrest quickly allows the police to quickly diffuse the situation and put an end to the incident. However, it could mean that an arrest is made before any facts about the incident have been established. For the person who has been arrested, this can be a worrying and frustrating experience. 

It’s completely natural to feel a whole range of emotions when you or your loved one finds themselves arrested for domestic violence. It’s essential to know that being arrested for domestic violence should always be taken seriously. However, what you do next will have a big impact on how the situation plays out. Understanding what happens if you or a loved one are in this situation is a massive help, and can make the unpleasant incident far less stressful. 

In this blog post, we will explain the process for posting bail following a domestic violence arrest in San Diego. We will cover:

  • What counts as domestic violence? 
  • What happens when you’re charged with domestic violence in San Diego?
  • How courts in San Diego County determine bail amounts for domestic violence.
  • What does posting bail mean?
  • What are domestic violence bail bonds?
  • Understanding the process for posting bail for domestic violence in San Diego.
  • What happens after posting bail for domestic violence in San Diego?

What Counts as Domestic Violence?

California law (PC 13700 (b)) defines domestic violence as abuse committed against a person that is:

  • An adult or minor spouse.
  • A former spouse.
  • A cohabitant (adults who have lived together for a significant period of time, but are unrelated and have a relationship).
  • A former cohabitant.
  • A person who the suspect has a child with, or is expecting a child with.
  • People who are dating or are engaged.

Domestic violence, also known as intimate partner violence can take many forms. The San Diego County District Attorney defines domestic violence as the following acts:

  • Physical aggression.
  • Sexual abuse.
  • Stalking.
  • Financial abuse.
  • Psychological abuse.
  • Emotional abuse. 

What Happens When You’re Charged With Domestic Violence in San Diego?

When you are arrested and charged with domestic violence offenses in San Diego police will take you to either the police station or the county jail. Corporal injury charges (PC 273.5) are one of the most common reasons for domestic violence arrests. 

Domestic violence charges can be classed as either misdemeanors or felonies. Which of the two you are charged with will make a big difference as to whether you can be bailed, and the bail amount. A suspect is usually given a domestic violence felony charge when there is physical evidence that domestic violence has taken place, such as bruises or cuts, etc. This means that the other person has visible injuries sustained in the incident, and is classed as a corporal injury. 

A domestic violence misdemeanor charge may be given when there is no physical evidence of domestic violence. For example, no visible cuts or bruises. However, a misdemeanor domestic violence charge can later be changed to a felony when more information about the incident has been discovered during the investigation. Even if the accuser later drops the charges against the defendant, the charges may not be dropped. Seeking professional legal advice is important to help you better understand the charges you are facing and to ensure you have legal representation.

How Courts in San Diego County Determine Bail Amounts for Domestic Violence 

After being arrested for a domestic violence incident, the chances are you’ll want to try and secure your release from the police station or county jail as quickly as possible. However, even if your accuser drops their charges, this doesn’t mean you can simply walk free and return home. Instead, it is likely that you will need to be released on bail.

Being let out on bail means that you will need to pay a bail amount to be released from jail, while you await your court hearing. The bail amount will either be decided by referring to the San Diego County bail schedule, or by a judge. 

The bail amount will be determined by a range of factors, these include:

  • Whether the offense is a domestic violence misdemeanor or a domestic violence felony.
  • Whether this is the accused’s first offense.
  • Whether any of the victims were minors.
  • Whether a firearm or other weapon was used in the incident.
  • Whether people will be put at risk of harm if the accused is released.

During a bail hearing, the judge will allow the alleged victim of the domestic violence incident to speak. This gives the alleged victim the opportunity to recount their version of events, and whether they believe that the release of the accuser on bail puts their safety at risk. The victim’s testimony can sometimes impact the judge’s decision and could lead to them deciding to set either a higher or lower bail amount for the defendant’s release while they await trial.

The classification of the domestic violence offense as either a felony or a misdemeanor can significantly impact the amount of bail that needs to be paid. 

A first-time offender who allegedly commits a ‘minor’ domestic violence offense may be charged with a misdemeanor with bail set at around $20,000. However, a repeated domestic violence offender, or a defendant who allegedly commits a serious act of domestic violence could be charged with a felony and set a much higher bail amount. In this case, the bail amount could be as high as $50,000.

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What Does Posting Bail Mean?

If you or your loved one have never been arrested before, understanding how bail works can be confusing. You’ve probably heard the term ‘posting bail,’ but may be unsure how to actually do this. 

Posting bail refers to physically arranging and paying the bail amount. This process leads to the release of the defendant from either the police station or the county jail. The defendant will then need to comply with the terms of the bail and agree to appear in court on the date of their trial. Failing to do this will result in them forfeiting the bail amount and a manhunt being launched for them to be re-arrested and returned to jail. For this reason, a defendant who’s considered to be a flight risk will usually have their bail set at a higher amount to deter them from skipping court.

Bail can be posted by either the defendant themselves, a loved one, or on their behalf by a bail bond agent.

What are Domestic Violence Bail Bonds?

As mentioned above, bail bonds are often used as a way to pay a bail amount and secure a defendant’s release from jail while they await their trial. Due to the large sums of money required to post bail, it’s simply unaffordable for many people to find the cash. 

Paying the cash amount in full isn’t an option for everyone. After all, few people have tens of thousands of dollars set aside to cover bail. But that doesn’t mean that you or your loved one will be left languishing in jail while awaiting trial. Instead, there are a range of options available to help you pay the bail amount. These include:

Cash Bail

Posting cash bail means that either the defendant or a loved one posts the full bail amount in cash to secure the defendant’s release from jail.

Property Bail

Property bail involves using property owned by the defendant or a loved one as collateral. This option is not often used. Putting a property up as collateral for bail means that it could be put at risk if the defendant skips bail or breaches the terms of their release from jail while awaiting their trial.

Bail Bonds

Posting bail using bail bonds is the most common way to secure a defendant’s release from jail. This involves contacting a San Diego bail bond company and arranging for them to post bail on behalf of the defendant. After taking details from you about the defendant and the crime they’re alleged to have committed, the bail bondsman will arrange a bail bond to secure the defendant’s release from jail. 

The defendant or their loved one will be required to pay a fee, which is usually 10% of the total bail amount. This means that you don’t have to find the full bail amount yourself, and the bail bond company will arrange to pay the rest.

Understanding the Process for Posting Bail for Domestic Violence in San Diego

Now you know how bail can be paid, let’s look at how to post bail following a domestic violence arrest in San Diego County. 

Posting bail for domestic violence in San Diego usually follows the below process:

  • The defendant is arrested and taken to county jail or the police station. 
  • The defendant is processed, mugshots and fingerprints are taken.
  • A bail amount is set either according to the bail schedule, or a judge will set the bail amount.
  • The defendant will decide how they will post bail. They may contact a loved one to organize bail on their behalf. Alternatively, the defendant may contact a bail bond agency directly to arrange their own bail.
  • The defendant or their loved one takes down information about the defendant, the crime they have been accused of, where they’re being detained, and the bail amount. 
  • The bail bondsman then sets out the terms of the bail bond agreement and takes payment for the bail bond. This is usually 10% of the bail amount.
  • The bail bondsman then pays the bail bond and arranges the release of the defendant from jail.
  • The defendant must comply with the terms of their release, such as obeying restraining orders or staying away from certain neighborhoods while they are out of jail on bail.
  • The defendant must attend all of their court dates or risk forfeiting their bail payment and being rearrested and placed in jail.

What Happens After Posting Bail for Domestic Violence in San Diego?

Now that you know how posting bail for domestic violence in San Diego works, you may be wondering what happens after the bail amount has been paid. 

Once the bail has been paid, it may take a little while for the defendant’s release to be processed. In some cases, a defendant can be released in as little as half an hour. However, if the jail is busy there may be a backlog, so release may take longer.

After the defendant has been released, they must comply with the terms of their bail agreement. If their alleged victim has been granted a restraining order against the defendant, the defendant must adhere to this. Essentially, the defendant needs to be compliant with the conditions of their release and must appear in court for their trial hearing. Failing to do any of these things could see the bail payment forfeited and the defendant recalled to jail.

It’s essential to remember that domestic violence is a serious offense. In order to keep victims safe, San Diego takes domestic violence incidents extremely seriously. So, if you find yourself arrested for a domestic violence incident it’s advisable to seek professional legal advice. If you are using bail bonds to secure your release while you await trial, it’s vital that you choose a reputable bail bond agency. This will ensure that your release is dealt with smoothly and you should be released from jail more quickly.

Defending Against Rape Charges in California: Insights from Samantha Greene’s Successful Trial

Rape is one of the most serious criminal charges an individual can face in California. The penalties for this type of sex offense are harsh, many times including lifetime sex offender registration. If you are facing rape charges in San Diego, it is important to understand the charges against you, what to expect during trial, and how to build a strong defense strategy with the help of a skilled criminal defense attorney. At Sevens Legal, we understand the complexities of defending against rape charges and the devastation a sex crime conviction can cause. Contact Sevens Legal today at (619) 430-2355 to schedule a free consultation and learn more about how we can help you defend your rights in your rape case.

Key Takeaways

  • If you are facing sex crime charges in California, it is essential to understand the gravity of your legal situation.
  • Rape is one of the most serious criminal charges an individual can face in California, and the penalties for this type of sex offense are harsh, many times including lifetime sex offender registration.
  • Samantha Greene’s successful case result highlights the importance of hiring a skilled defense lawyer who believes in your innocence and is willing to work hard to defend you.
  • At Sevens Legal, we understand the complexities of defending against rape charges and the devastation a sex crime conviction can cause.

A Look at Samantha Greene’s Successful Rape Trial

Before we dive into the specifics, let’s discuss a recent successful case result by attorney Samantha Greene, a renowned San Diego criminal defense lawyer with Sevens Legal. Ms. Greene’s client was charged with one count of forcible rape and three counts of sexual penetration by force and was facing 32 years in prison for these charges. However, Ms. Greene believed in his innocence and worked tirelessly to prepare for his trial. After only 40 minutes of jury deliberations, her client received a full acquittal – not guilty on all charges. This successful case result highlights the importance of hiring a skilled defense attorney who believes in your innocence and is willing to work hard to defend you.

Understanding California Sex Crimes

Sex crimes, including rape, are taken very seriously under California law. If you are facing sex crime charges in California, it is essential to understand the gravity of your legal situation. Sex crimes carry harsh penalties that can change your life forever and even first-time offenders can face these consequences.

How are Rape Charges Defined?

Many people associate the term “rape” with a violent physical attack. However, Penal Code § 261 PC defines rape as any act of non-consensual sex obtained by force, threats, or fraud. This constitutes a felony charge that can result in imprisonment for three to eight years and lifetime sex offender registration. Two types of rape charges defined under California law include forcible rape and sexual penetration by force.

PC 261(a)(2) – Forcible Rape

Forcible rape occurs when the defendant uses force or threats of force to engage in sexual intercourse with another person. The prosecution must prove that the defendant used force or threats of force to overcome the victim’s will and that the victim did not consent to the sexual activity.

PC 289(a) – Sexual Penetration by Force

Sexual penetration by force occurs when the defendant uses force or threats of force to engage in sexual penetration with another person. Sexual penetration is defined as any penetration of the genital or anal opening by a penis, finger, or any object. The prosecution must prove that the defendant used force or threats of force to overcome the victim’s will and that the victim did not consent to the sexual activity.

I’m Facing Rape Charges: What Should I Do?

If you are facing rape charges in California, the first thing you should do is contact an experienced attorney. Rape charges are very serious and can carry life-changing criminal penalties, including imprisonment and lifetime sex offender registration. It is important to understand what to expect during your trial and how best to prepare. A knowledgeable sex crimes defense attorney can help guide you through this process.

What to Expect and How to Prepare for Trial

During your trial, the prosecution will present evidence to prove your guilt beyond a reasonable doubt. As the defendant, you have the right to present your own evidence and witnesses to challenge the validity of the prosecution’s evidence. The best way to prepare for your rape trial is by working with an experienced attorney who can review the evidence against you, build a strong defense strategy, and select the best witnesses to testify on your behalf.

The Verdict: What Happens Next?

After the jury has heard all the evidence and arguments, they will deliberate and reach a verdict. If you are found not guilty, you will be acquitted and released. If you are found guilty, you will be sentenced according to California law.

The Importance of Hiring a Skilled Defense Attorney

Hiring a skilled attorney is crucial to the success of your defense strategy when facing sex crimes charges in California. A qualified attorney will have the knowledge and experience necessary to review the evidence against you, help you understand your legal rights, and build a strong defense strategy. A skilled attorney can also represent you during trial and provide guidance on what to expect during the legal process.

Building a Strong Defense Strategy in Your Case

When facing criminal charges, a strong defense strategy can be the difference between a conviction and a not-guilty verdict. To build the strongest possible defense in your rape case, your attorney may use a variety of tactics, including the following:

Challenging the Evidence

Your attorney may challenge the prosecution’s evidence, including witness statements and physical evidence. Your attorney may argue that the evidence was obtained illegally or that it does not prove your guilt beyond a reasonable doubt.

Alibi Defense

Your attorney may argue that you were not present at the scene of the crime and provide evidence to support this claim.

Your attorney may argue that the sexual activity was consensual and that the victim gave their consent.

False Accusation Defense

Your attorney may argue that you were falsely accused of rape by the victim or another individual.

Your attorney may also conduct additional investigation to uncover new evidence or witness testimony that can support your case. Successfully defending against rape charges in California requires a thorough understanding of the law and the specific criminal charges you are facing.

Free San Diego Sex Crimes Defense Consultation

If you are facing rape charges in San Diego, Sevens Legal is here to help. We offer a free consultation to individuals facing sex crime charges in San Diego. Our experienced criminal defense attorneys can provide you with the guidance and support you need to understand the criminal charges you are facing, challenge those charges, and protect your rights.

How to Contact Our Criminal Defense Attorneys

To schedule a free consultation with our San Diego criminal defense attorneys, call Sevens Legal Criminal Lawyers today at (619) 430-2355. Our attorneys have extensive experience defending against sex crime charges in California and can provide the aggressive representation you need to protect your rights and your freedom.

Why You Should Hire a Spanish-Speaking Lawyer If You are Hipsanic

Being arrested or charged with a crime can be a terrifying experience and any person accused of committing a crime deserves to be treated with attentiveness, empathy, and respect by their attorney. For Hispanic clients, that means finding a criminal defense attorney who speaks Spanish. An estimated 42 million individuals in the U.S. speak Spanish as their native language, accounting for 13% of the total population. However, the legal system in the U.S. is predominantly English-speaking, which puts Spanish-speaking individuals who encounter the legal system at an immediate disadvantage. If you are Hispanic and you have been arrested or charged with a crime in San Diego, call Sevens Legal today at (619) 430-2355 to discuss your defense with a skilled Hispanic criminal lawyer in San Diego who is fluent in Spanish. You deserve access to the highest quality legal representation delivered in your native language and that’s exactly what you can expect from our team at Sevens Legal.

Key Takeaways

  • An estimated 42 million individuals in the U.S. speak Spanish as their native language, accounting for 13% of the total population.
  • Spanish-speaking individuals who encounter the predominantly English-speaking legal system in the U.S. are at an immediate disadvantage.
  • It is vitally important that Spanish-speaking individuals have access to a reputable defense attorney who understands the law and can reliably translate or interpret it for their clients.
  • If you are Hispanic and you have been arrested or charged with a crime in San Diego, you need a skilled criminal lawyer who is fluent in Spanish.

Benefits of Hiring a Spanish-Speaking Attorney

Effective Communication

The U.S. legal system is a complex maze of criminal statutes, official court documents, and highly technical language, and there is little room for error or oversight. To navigate the legal system successfully and minimize your exposure to devastating criminal penalties, you need a criminal defense attorney who speaks your language and can communicate with you in a clear and direct manner. Combating criminal charges takes teamwork and effective communication is the key to any team’s success. If you are Hispanic, the easiest way to guarantee effective communication throughout your criminal case is to hire an attorney who is fluent in Spanish and who will provide you with the best legal representation in Spanish.

Cost-Effective Solution

The criminal justice process can be complex and confusing, particularly for non-English-speaking defendants. In court, it is imperative that you understand what is going on, so the court will provide you with a translator if you need one. However, their time is limited, so they can’t simply sit down with you and explain your case in as much detail as you require. Hiring a criminal lawyer who speaks Spanish and English and can quickly and easily translate important legal communication and documentation for you can save you both time and money on the Spanish translation and interpretation services required in your criminal case.

Familiarity with the Culture

As a society, we are inherently more comfortable with people who speak our own language and understand our cultural background, and your level of comfort is an important factor in how well you connect with your attorney. Hispanic clients may feel they can more easily identify with a Spanish-speaking attorney and that sense of familiarity naturally leads to better communication. Additionally, many Spanish-speaking attorneys have strong ties to the Hispanic community and can provide clients with additional support and resources in dealing with their legal matters. If you are Hispanic and you are facing a criminal charge, we recommend hiring a Spanish-speaking attorney who understands and can satisfy your legal needs.

Comprehensive Representation

You can see that going to court and fighting a criminal charge can be a stressful and intimidating process. For Hispanic clients who do not have a Spanish-speaking criminal defense attorney, it is far too easy for their legal needs or concerns to be misunderstood or for important legal concepts to get lost in translation. Choose a Spanish-speaking attorney who can approach your criminal case with the highest degree of attentiveness, empathy, and respect and ensure that you are well-represented in your legal proceedings.

How to Find an Attorney Who Speaks Spanish

When it comes to a critical legal matter like being arrested or charged with a crime, it is vitally important that Spanish-speaking individuals have access to a reputable attorney who not only understands the law but who can reliably translate or interpret it for their clients. Knowledge of the Spanish language in a legal context is a valuable skill in a criminal lawyer and that skill can work to your advantage. To connect with a knowledgeable Spanish-speaking defense attorney in your area, call Sevens Legal today at (619) 430-2355.

Free San Diego Criminal Defense Consultation

We know how difficult it can be to find the right attorney to represent you in your criminal case. That is why we offer a free legal consultation, to give prospective clients an opportunity to discuss their legal needs with an experienced criminal lawyer with no obligation to hire our firm. If you need information about a criminal charge in San Diego, we would be happy to talk to you about your case.

How to Contact Our Criminal Defense Attorneys

Having quality Spanish language legal services is essential to ensure that you mount the strongest possible defense against your criminal charges. At Sevens Legal, we pride ourselves on leveraging over 40 years of combined expertise and litigation success to help our clients resolve their legal issues quickly and effectively. With the Hispanic population in the U.S. experiencing rapid growth, Spanish-speaking lawyers continue to be in high demand. If you are a native Spanish speaker, you should not have to settle for a criminal lawyer who doesn’t speak your language. Do not let a language barrier prevent you from getting the justice you deserve. Get in touch with our award-winning San Diego criminal defense lawyers at Sevens Legal today. You can reach us by calling (619) 430-2355.

Who Can Be Charged With Statutory Rape

Statutory rape is a sex crime that involves having sexual intercourse with someone who is underage. California’s law against statutory rape makes it a crime for anyone 18 years of age or older to have sexual intercourse with anyone under the age of 18. To complicate matters, research shows that more than half of teens today are sexually active, which means statutory rape violations happen more often than you might think. If you are 18 and you have sex with a minor in California, whether you knew the person was under 18 at the time or not, you could be charged with statutory rape, even if the sex was consensual and you had no malicious intent. Statutory rape charges carry harsh penalties under California law. If you find yourself in this position, you need a criminal defense attorney on your side who understands the law and can present mitigating circumstances to the district attorney on your behalf. Call Sevens Legal today at (619) 430-2355 to learn how we can fight for you and help protect you against life-altering statutory rape charges.

Key Takeaways

  • California’s law against statutory rape makes it a crime for anyone 18 years old or older to have sexual intercourse with anyone under the age of 18.
  • If you are 18 and you have sex with a minor in California, you could be charged with statutory rape, even if the sex was consensual and you had no malicious intent.
  • The penalties associated with a statutory rape charge in California can include imprisonment, hefty fines, and a criminal record.
  • If you find yourself facing statutory rape charges in San Diego, you need a criminal defense attorney on your side who understands the law and can fight for you.

What’s Statutory Rape?

Many people who aren’t familiar with the law wonder what is considered statutory rape? Penal Code 261.5 is the legal statute that covers statutory rape crimes in California, and this law states that any person can be charged with statutory rape if that person engages in unlawful sexual intercourse with a minor.

Statutory rape laws center on the assumption that minors are not capable of giving informed consent to sexual relations. “Because minors are legally incapable of consenting to such acts, the law presumes that all sexual activity with a person below a certain age is coercive,” states the Legal Information Institute of Cornell Law School.

The age of consent in the U.S. varies from state to state. In California, the age of consent is 18, which means anyone under the age of 18 is considered a minor. So, if you are 19 years old and your girlfriend is 17, it is actually against the law for the two of you to engage in sexual intercourse. Whether the sex is consensual doesn’t even factor in, since a 17-year-old is not legally capable of giving consent in the first place.

Exceptions to California’s Statutory Rape Laws

California’s statutory rape law is fairly cut and dried, but there is one exception to the law, known as the marital exemption. This exemption allows a minor to have consensual sex with an adult if the two are legally married.

Penalties for Statutory Rape in California

As a sex crime, statutory rape carries harsh criminal penalties upon conviction. If you are convicted of a statutory rape crime in California, you could face severe consequences affecting your freedom and reputation, possibly including the following:

  • Imprisonment for up to four years
  • Fines of up to $25,000
  • A criminal record
  • Status as a convicted felon
  • Possible sex offender registration requirement

Is Statutory Rape a Felony?

Accusations of statutory rape can result in misdemeanor or felony charges, depending on the specific facts of the case. Pursuant to Penal Code 261.5, if the minor is not more than three years older or three years younger than the accused, the crime may be charged as a misdemeanor offense. However, if the minor is more than three years younger than the accused, the crime may be charged as either a misdemeanor or a felony, punishable by up to one year in county jail. California’s statutory rape law also states that any person 21 years of age or older who engages in sexual intercourse with a minor who is under 16 can be charged with either a misdemeanor or felony crime, punishable by up to one year in county jail, or by imprisonment for two, three, or four years under section 1170(h), which is a provision for felony sentencing.

Free San Diego Statutory Rape Consultation

A statutory rape charge is not something that should ever be taken lightly. The consequences of a statutory rape conviction can be life-changing and you don’t want to face this threat alone. Our criminal defense attorneys at Sevens Legal have extensive experience defending clients against claims of statutory rape and other sex crime allegations. We also offer a free legal consultation, during which you can review your case with an experienced statutory rape defense attorney in San Diego.

How to Contact Our Sex Crimes Defense Attorneys

Like most states, California has harsh laws regarding sexual acts with minors and the penalties associated with such a crime can be severe. Needless to say, a statutory rape conviction is not something you want to risk having on your criminal record. If you or someone you love has been charged or is under investigation for statutory rape in San Diego, don’t panic. With the right legal representation, you may be able to avoid being prosecuted for this devastating crime. Call Sevens Legal today at (619) 430-2355 to discuss your legal options with our skilled and compassionate San Diego sex crimes defense attorneys.

How a Domestic Violence Arrest Can Affect Your Military Career

Military personnel and veterans in the United States are known to encounter extreme traumatic events, such as multiple deployments overseas, lengthy separations from family members, mental illness, and substance abuse, among others. Any of these factors can contribute to conflict between partners and increase the risk of domestic violence situations, including assault or attempted assault on a spouse or family member. If you have been arrested for domestic violence as a military service member, you need a criminal defense attorney on your side who will fight for your rights and help you protect your military career. Domestic violence accusations can derail your military career and damage your reputation beyond repair. Contact Sevens Legal today at (619) 430-2355 to schedule a free consultation with our reputable legal team.

Key Takeaways

  • Military personnel and veterans face significant challenges and traumatic events that can increase the risk of domestic violence at home.
  • If you are in the military, being accused of domestic violence can derail your career and damage your reputation beyond repair, in some cases even if the accusations are false.
  • A domestic violence conviction could lead to dishonorable discharge and end your military career, even for a misdemeanor offense.
  • If you have been arrested for domestic violence in San Diego, you need a defense attorney on your side who will fight for your rights and help you save your military career.

Domestic Violence Military Consequences

Being accused of domestic violence is something that should never be taken lightly, but for military personnel, these types of accusations pose a unique threat. Under the John McCain National Defense Authorization Act, which was signed into law in 2019, acts of domestic violence, including “assault, intimidation, violation of a protective order, and damaging property or injuring animals in a domestic assault situation,” are criminal offenses punishable under the Uniform Code of Military Justice (UCMJ), a federal code of conduct that applies to all service members. If you are in the military, a domestic violence arrest could lead to criminal charges and a conviction could lead to discharge from service and the end of your military career, even for a misdemeanor offense.

How Does the Military Handle Domestic Violence?

While civilians facing accusations of domestic violence must answer to civilian authorities, military personnel arrested for a domestic violence offense may face discipline and other associated consequences within the military justice system. In both the civilian and military justice systems, alleged victims of domestic violence can seek a protective order that requires the accused to stay away from the victim and their children, as well as their home, workplace, and school, and prohibits any violent acts against the alleged victim. In the military, this order is called a military protective order (MPO), and it is the military’s version of a criminal protective order (CPO).

What Happens if You Violate a Military Protective Order?

If a military protective order is issued against you, you will not be allowed to have any contact with the alleged victim. Violating the terms of an MPO is considered a violation of direct orders under Article 92 of the UCMJ, and you may be subject to any number of consequences and disciplinary measures handed down by military law enforcement. The punishment for such an offense may include dishonorable discharge, court-martial proceedings, and confinement. The violation can also be used against you in state court.

Domestic Violence and Your Military Career

If you are convicted of domestic violence as a military servicemember, you will most likely be discharged from service. The 1996 Lautenberg Amendment to the Gun Control Act of 1968 makes it a felony offense for any person convicted of a crime of domestic violence to ship, transport, possess, or receive firearms or ammunition. There is no exception to this law for military personnel engaged in official duties, which means even if your military career doesn’t end immediately following a domestic violence conviction, it will effectively be over.

Joining the Military with a Criminal Record

A criminal record is a complete record of your criminal history and having a domestic violence conviction on your record could prevent you from serving in the military. Under California law, convicted felons face a number of restrictions on their basic civil rights, including the right to own or possess a firearm. In domestic violence cases, however, this ban is not limited to felony offenses. Even a misdemeanor domestic violence conviction can cost you your right to bear arms and may spoil any plans you have to serve in the military. In some cases, the military may issue a waiver granting a convicted felon permission to join the military. However, military waivers are generally not available to those with a domestic violence conviction on their record.

Free San Diego Domestic Violence Consultation

As you can see, the consequences of a domestic violence arrest can have a significant adverse impact on your military career, especially if you end up being convicted. That is why we advise military personnel facing domestic violence allegations to enlist the help of a competent defense attorney who has knowledge of both state court proceedings and military court proceedings and experience representing military personnel. There are a number of possible strategies your attorney can use to protect you from the consequences of a domestic violence arrest. If you hire our domestic violence defense attorneys at Sevens Legal, we may be able to request a no negative contact order from the court, which means you can still have contact with the alleged victim or even remain in the same household, as long as there is no negative contact.

How to Contact Our Criminal Defense Attorneys

If you have been accused of domestic violence in the military, you deserve the right to defend yourself in court and protect your career. Your future in the military is dependent on the outcome of your case, so don’t hesitate to find the best possible criminal defense attorney to represent you. Our domestic violence defense attorneys at Sevens Legal have a reputation for tenacious legal representation and we will do everything in our power to fight for your rights. Call us today at (619) 430-2355 to find out how we can help.

View More San Diego Domestic Violence Resources

How a Domestic Violence Charge Could Affect Your Citizenship

Domestic violence is an issue that affects many communities across the United States. Unfortunately, those who are trying to become naturalized as U.S. citizens may face some challenges if they are arrested and convicted of domestic violence (or certain other types of crimes). If you were arrested or charged with domestic violence, it’s important to understand how this could affect your application for citizenship. Depending on the circumstances of your arrest and conviction, a domestic violence charge may make it harder for you to become a U.S citizen, or even block your application from going forward. Here’s what you need to know about a domestic violence conviction and its potential impact on your citizenship application.

What is domestic violence?

Domestic violence is a pattern of abuse in an intimate relationship such as a marriage, dating relationship, or other type of relationship where there is an expectation of a continuing emotional or financial commitment. The abuse can be physical, sexual, emotional, or psychological, including threats and coercion. Domestic violence may be one episode, or it may become a pattern of controlling and harmful behavior. Domestic violence does not just refer to physical violence. Other types of abuse can also be part of a pattern of domestic violence, including threats, coercion, and intimidation.

How could a DV charge affect your citizenship application?

If you were arrested or convicted of domestic violence, this could be grounds for denying your application for citizenship. If you are charged with domestic violence, you may also face difficulties during your naturalization process. The immigration laws have very strict rules about who can become a U.S. citizen. If you charged with or convicted of a crime, you will have to prove that you have been a person of good moral character during the relevant time frame of your application. Since a domestic violence conviction will be considered a crime involving moral turpitude, it could make it harder for you to prove good moral character and obtain citizenship.

What if I was only charged with domestic violence?

Even if you are charged with domestic violence but never convicted of the crime, you will still have to disclose this information on your citizenship application. If USCIS finds out about the charge through your application, you may face difficulty completing your application for citizenship. If you were charged but not convicted of domestic violence, you could explain the circumstances in your application for citizenship. Depending on the circumstances, it is possible that the charge could be dismissed. If the charge was dismissed but you were still tried, you should explain the circumstances in your application.

What Does USCIS Mean By Good Moral Character?

If you have been convicted of a crime or charged with a crime, you will need to show that you have been a person of good moral character for the last five years. The idea of good moral character is intended to protect the interests of the U.S. by ensuring that only those who are trustworthy and law-abiding are allowed to become U.S. citizens. You will have to show that you meet the standards of good moral character by explaining any criminal convictions or arrests on your application for citizenship. You will also have to provide any additional information that the immigration officer requests in order to assess your moral character.

How Can I Prove Good Moral Character?

You can prove that you have been a person of good moral character by providing evidence of your good deeds and positive contributions to society. You can do this by submitting evidence of your stable employment history, volunteer activities, educational achievements, community service, honorable military service, and/or family ties to show that you are a good person. If you have a criminal conviction, it will be more difficult to prove good moral character. However, it is still possible to become a U.S. citizen with a criminal record, as long as you can prove good moral character. If you have a domestic violence conviction, the process of proving good moral character will be more difficult. You will need to provide more evidence of your good deeds and positive contributions to society than you would if you had no criminal record.

What If I Still Want to Apply for Citizenship After a DV Charge or Conviction?

If you still want to apply for citizenship after a domestic violence charge or conviction, it is important to understand that your application may take longer to process. The immigration officer conducting your interview will likely have more questions for you in order to determine if you are still a person of good moral character.

Conclusion

If you have been arrested or convicted of domestic violence, you need to understand the possible impact on your citizenship application. Depending on the circumstances of your arrest and conviction, a domestic violence charge or conviction could make it harder for you to become a U.S citizen, or even block your application from going forward. To become a U.S citizen, you will have to prove that you have been a person of good moral character during the relevant time frame of your application. To prove good moral character, you will need to provide evidence of your good deeds and positive contributions to society.

How Does Domestic Violence Work in California?

In California, domestic violence offenses are aggressively prosecuted, and convicted offenders face harsh, life-changing penalties. Domestic abuse crimes are also highly stigmatized, and mere allegations of spousal abuse can damage the accused’s reputation, even if they are innocent of the crime. If you or a loved one has been charged with a domestic violence crime in California, do not hesitate to consult our San Diego domestic violence attorneys at Sevens Legal. We will fight to protect your legal rights and restore your reputation.

Key Takeaways

  • Domestic violence crimes are punished harshly in California.
  • Many kinds of abuse may lead to domestic violence charges, including physical, verbal, emotional, and psychological abuse.
  • Domestic violence crimes may be prosecuted as misdemeanor or felony offenses.
  • False accusations of abuse can cause irreparable damage to the accused person’s reputation.

Understanding Domestic Violence Charges

Most people think of domestic violence as physical abuse perpetrated by one spouse or domestic partner against another. While domestic violence can and often does involve intentionally hitting, kicking, pushing, or otherwise physically harming someone, it doesn’t always. In California, domestic abuse charges can also arise from acts involving sexual assault, threatening someone with physical violence, harassing, stalking, disturbing someone’s peace, or destroying their property. Domestic abuse can also involve verbal, emotional, or psychological abuse. You could face domestic violence charges in California if you have been accused of perpetrating any of these acts against a current or former intimate partner or family member.

What is Domestic Violence in Simple Terms?

Laws surrounding domestic violence offenses vary from state to state, and understanding domestic violence charges can be confusing. Domestic violence, in simple terms, is defined as abuse or threats of abuse occurring between two people who are closely related by blood or marriage or who currently are in an intimate relationship or have been in the past. In California, this includes the following:

  • Married people or domestic partners,
  • People who are dating or used to date,
  • People who live or lived together, and
  • People who have a child together.

Penalties for Domestic Violence Charges

Due to the very broad nature of domestic violence as defined by California law, many statutes in the California Penal Code deal with domestic violence offenses. Two of the most common are:

  • Penal Code section 273.5 – Corporal Injury to a Spouse: This law makes it a crime to “willfully inflict corporal injury resulting in a traumatic condition” upon a spouse, family member, cohabitant, or any other protected individual mentioned above.
  • Penal Code section 243(e)(1) – Domestic Battery: This law makes it a crime to willfully touch a protected individual in a harmful or offensive manner.

There are other related offenses set out in the California Penal Code that may also be charged in a domestic violence case, including California Penal Code Section 240 – Assault, California Penal Code Section 242 – Battery, and California Penal Code Section 243(d) – Battery Causing Serious Bodily Injury.

Is Domestic Violence a Misdemeanor or Felony?

Under California law, domestic violence crimes may be prosecuted as a misdemeanor or felony offense, depending on the circumstances of the case. Domestic Battery is almost always charged as a misdemeanor under Penal Code section 243(e)(1). The crime is punishable by a maximum fine of $2,000 and/or imprisonment in county jail for up to one year, among other potential penalties.

A person convicted of Corporal Injury to a Spouse in violation of Penal Code section 273.5 is guilty of a felony offense and faces a maximum fine of $6,000 and/or imprisonment in state prison for up to four years, with stiffer penalties imposed upon defendants who have previous domestic violence convictions.

Defending Against Domestic Violence Charges

Facing domestic violence charges can be shocking and terrifying, especially if you have been wrongfully accused of committing an act of abuse against a spouse or family member. However, there are defenses to domestic violence charges, and choosing the right domestic violence attorney can help to protect you against unwarranted domestic violence charges and/or excessive criminal penalties.

How Do You Counter a Domestic Violence Case?

If you or someone you know has been accused of domestic violence, you are probably wondering how you counter a domestic violence case. Raising a successful defense against domestic violence charges has everything to do with the unique elements of the alleged crime. For instance, to prove that a defendant violated Penal Code section 273.5 by inflicting corporal injury on their spouse or family member, the prosecution must establish the following elements beyond a reasonable doubt:

  • The defendant deliberately and unlawfully inflicted corporal injury on a person,
  • The injury resulted in a traumatic condition, and
  • The person is a current or former spouse, dating partner, co-parent, family member, or cohabitant.

Which Defense is Frequently Used in Domestic Violence Cases?

Accusations of domestic violence are taken extremely seriously in California. However, you can still beat a PC 243(e)(1) or PC 273.5 charge and avoid a conviction if you can raise doubts about even one element of the prosecution’s case.

One possible defense frequently used in domestic violence cases is self-defense or defense of others. Your attorney may raise this defense if you have been accused of domestic violence and acted in self-defense or to defend another person when the alleged crime occurred. Other possible defenses may be successful if your attorney can show that the alleged domestic violence offense was an accident, that you committed the offense under duress, that the prosecution’s evidence is insufficient to prove your guilt, that you were intoxicated involuntarily at the time of the crime, or that you are the victim of mistaken identity.

Free Domestic Violence Consultation in San Diego

As you can see, the consequences of a domestic violence conviction in California are severe and life-changing. Suppose you have been accused of a domestic violence-related crime. In that case, there is no better choice than to enlist the help of a reputable attorney with a history of success defending clients against domestic abuse charges. At Sevens Legal, we offer a free domestic violence consultation for individuals accused of any domestic violence-related crime.

How to Contact Our Domestic Violence Attorneys

To find out how our experienced domestic violence attorneys can help you with your case, call or text us at (619) 304-4993 or visit our website at www.domesticviolenceattorneysandiego.com.

How Domestic Violence has increased during COVID-19

Mandatory lockdowns for COVID-19 brought significant shifts to everyday life. People began working from home and homeschooling their children with limited access to amenities.

People in abusive relationships find themselves in close quarters with their partners and no way out. Those planning to leave became stuck with them during “shelter in place.” Social workers, childcare workers, teachers, and others who typically had regular contact with victims were removed from the equation.

The advent of social distancing also separated victims from family or friends who might spot signs of abuse and assist them in leaving. Fears of spreading COVID-19 closed available shelters, leaving victims nowhere to go. Courts were also closed, making protection orders difficult or impossible to obtain.

Key Takeaways

  • Domestic violence is a frequently under-reported problem
  • Disaster events tend to exacerbate stressors that can lead to mental health issues and intimate partner violence (IPV)
  • Additional stressors include income loss, inability to pay rent and bills and buy food and other necessities
  • COVID-19 lockdowns intended to prevent wide-scale infection prevented people from escaping abusive partners
  • California saw a decrease in calls during the beginning of the lockdown when victims were unable to access services

The Shadow Pandemic: Tensions In Close Quarters

A report by the National Commission on COVID-19 and Criminal Justice states that nationwide, domestic violence increased an average of 8.1% in the months following the 2020 lockdowns. About one in four women experience IPV, and nearly one in ten men.

Types Of Domestic Violence

  • Physical
  • Psychological
  • Emotional
  • Sexual

Mingled finances also make it difficult for victims to leave their abusers, who may confiscate their paychecks and prevent them from moving.

Traumatic Brain Injuries

A frequent indicator of intimate partner violence is the presence of a Traumatic Brain Injury or TBI. They are primarily associated with personal injury cases and professional athletes due to repeated blows to the head and neck. Multiple sources have noted that the pandemic lockdowns have led to a marked increase in IPV and have created a “shadow pandemic,” including increases in victims’ physical injuries.

Victims of domestic violence have long been able to seek help and report their abusers in a medical setting. But cancellations and closures meant non-emergency cases were relegated to phone and video calls or telemedicine. This left victims under surveillance by their abuser, unable to disclose their need for help.

After the abuse ends, survivors experience TBI following facial, head, and neck injuries and cognitive problems. Abuse injuries are evident when someone visits an emergency room with illness or injuries. PTSD and other mental health issues are also common.

Decreased Reporting

While initial reporting of domestic violence increased during the early days of the lockdowns, reporting fell sharply afterward. This trend concerns law enforcement since victims had more difficulty accessing assistance.

Pandemic Statistics

In Los Angeles, domestic violence calls decreased from March 19 through April 15, 2020, down 18% from the year before. San Francisco also saw a drop in DV calls. Cities around the country reported similar decreases.

When Police Arrive

The police will visit to investigate the call and decide whether they will make an arrest. They will speak to the parties separately, investigate the premises and examine the victim for injuries. Should the victim fail to press charges, the state will do it for them, and they cannot have the charges dropped.

An accused person should say little to the police and speak to a domestic violence attorney immediately.

Our Skilled Domestic Violence Attorneys Can Help

You have the right to an attorney if you’ve been accused of domestic violence in San Diego. California takes domestic violence seriously and imposes harsh punishments on those convicted. We will fight the charges to protect your rights and your freedoms.

What to Do Next

Domestic violence can leave abused parties in distress. But many calls lead to false accusations of abuse.

If you’re experiencing domestic violence:

There are resources available: 

  • The National Domestic Violence Hotline is 800-799-7233, available 24/7 by phone, text, chat, and social media.
  • YWCA San Diego County, 619-234-3164 (24-hour hotline), located at 1012 C Street, San Diego, CA 92101, 619-239-0355.
  • Center for Community Solutions, 1-888-385-4657, a 24-hour hotline for crisis counseling and support, information on restraining orders, 4508 Mission Bay Dr., San Diego, California 92109-4919. Services in English and Spanish, and includes services provided via telehealth.

If you are in immediate danger, call 911.

If you’ve been accused of domestic violence

False accusations of domestic violence are common, especially in divorce cases where one party believes they can gain favor in their case. Without a strong defense, you could lose custody of your children and have a permanent criminal record.

Conviction of domestic violence charges includes fines, jail time, restraining orders, mandatory domestic violence counseling for a year, and other penalties. Contact an experienced criminal defense attorney who can defend you from domestic violence charges to protect your rights, reputation, and freedom.

Free Consultation with Our San Diego Domestic Violence Attorneys

A charge or conviction of domestic violence can have long-ranging effects on your employment, rights, and future. In our free one-hour consultation, we can discuss your case and strategies for your case. If you’re facing domestic violence charges in San Diego, contact one of our domestic violence attorneys to begin building your defense.

Contact our San Diego Domestic Violence Attorneys Today

You can call or text Sevens Legal at (619) 304-4993 or use our website contact form to schedule your free appointment with one of our experienced domestic violence attorneys.

California’s New Law Allows For Removal From The Sex Offender Registry

You know how serious it is if you’ve been accused of a sex crime, especially if you work around 

children. Teachers, daycare workers, school bus drivers, and others can be terminated immediately, even before trial. There are restrictions on where you can live and what you can do. Convicted sex offenders are required to be on California’s Sex Offender Registry. This includes the national sex offender registry under Megan’s Law. Potential employers, landlords, law enforcement, and the public have access to this information. Sex crime convictions from other states are also included. 

The term “sex offender” is used for a wide range of offenses. It can include anything from indecent exposure and unwanted touching to a violent sexual assault. 

Prior to 2021, all sex offenders were registered for life. But under a new law, California’s “three-tiered” system means that not everyone has a lifetime on the registry. 

In this article, we’ll discuss the updates to California’s sex offenders registry, the new three-tier system for registration, and who might be eligible for removal. 

Experienced San Diego Sex Crimes Attorney

Sevens Legal has years of experience successfully defending people accused of sex crimes in the San Diego area. Attorney Samantha Greene is a California-certified criminal law specialist who offers the best representation and most vigorous defense in court for misdemeanor and felony charges. Samantha has many years of experience defending against sex crime charges and has in-depth knowledge of the San Diego criminal court system. 

We understand the difficulties that come with sex crime accusations. That’s why we offer a free consultation so you’ll know exactly what we can do to defend you against false allegations with an aggressive defense.

Who Must Register as a Sex Offender in California

California Penal Code 290 requires that anyone convicted of a sex crime under the code must register with local law enforcement. Occasionally, a judge may require registration for crimes that aren’t under PC290 if they believe someone is a danger to others. The registry applies to anyone who lives, works, or attends school in the state. 

A convicted sex offender must register with their local law enforcement within five days of release from prison or sentencing if there is no jail time. They must also re-register every five years, and anytime they change their name or move to a new address within five days of the move. 

College students must also register with the campus police. Someone who becomes homeless must register every 30 days. Anyone considered a “sexually violent predator” must register every 90 days. A person who fails to register with law enforcement or update their address can also be charged with a crime. 

Registered sex offenders also have restrictions they must follow, such as: 

  • Not living within a specific distance of a school or where children are, such as a park or playground
  • For an offender considered “high risk,” GPS monitoring is included
  • Some crimes may lead to an extension of parole or probation

Much will depend on the facts of your case. Your defense attorney can explain this in more detail. 

California Sex Offender Registration Laws

After a sex offender is released from prison, other activities may be restricted. They are required to stay connected with the state wherever they go. Once registered, the US Department of Justice (DOJ) also receives this information. 

California requires sex offender registration to know where they are living and working. The California Sex Offender Registry is a free online tool that offers the public and law enforcement access to information about sex offenders who might be in their area. On the federal level, the US Department of Justice has its own National Sex Offender Public Website. 

The sex offender’s ZIP code is displayed, along with the city and county where they live. An actual home address is not listed. There is one category of sex offenders that are not publicly displayed under Megan’s Law but still requires registration. 

Sex offenders who have committed these crimes are eligible to be excluded from the website under Penal Code § 290.46, subdivision (e). 

  • Felony sexual battery
  • Felony child pornography with a child under sixteen
  • Misdemeanor annoying or molesting children

Offenders who have completed probation for some sex crimes involving their own child, stepchild, grandchild, or sibling under certain conditions can also apply for exclusion if the activity did not include or involve either oral copulation or penetration of the victim. After January 1, 2012, the exclusion can only be granted if the offender has a moderate to low-risk assessment, but they still must register with law enforcement. 

What Is the Risk Assessment Score on Megan’s Law?

Megan’s Law requires the state of California to notify the public about known and registered sexual offenders. The law was enacted in 1996 after a known sexual predator raped and killed seven-year-old Megan Kanka after moving into the family’s neighborhood, unknown to her parents. Following the crime, the Kankas worked for public notification of known sex offenders living in local areas. 

California wants to know how likely a person is to commit another sex crime. Risk assessment is part of gauging how likely it is that an offender will do the same thing again if released. This same assessment method determines risks when setting car and life insurance rates. The state began using actuary risk assessment in 2006. 

The state uses four risk instruments to determine someone’s risk score: 

  • Static99-R, for assessing male sex offenders prior to release from prison
  • JSORRAT-II, used for juvenile sex offenders whose records are only available to law enforcement and treatment providers because of their age
  • LS/CMI Risk Scores, used to predict a sex offender’s chances of another violent sex crime and during treatment during probation or parole for either male or female offenders
  • STABLE-2007/ACUTE-2007, used with various risk factors related to the possibility of committing another sex offense, such as alcohol abuse, changes in housing or employment, or factors in a relationship. These two combined scores are determined by professionals providing treatments during parole or probation. They are used by those professionals for treatment as well as to determine conditions and terms for supervision after release.

Static99-R has six levels of risk, from extremely minimal risk to a high risk of committing another sex crime in the future, while LS/CMI Risk Scores have five levels. 

What Is the New Law for Sex Offenders in California?

Before 2021, the California sex offender registry meant that anyone convicted of any sex crime was required to stay on the registry for life. Offenders of the most minor misdemeanors were registered alongside violent sexual predators. Some of these offenders go back as far as the 1940s and have never committed another sexual offense. 

California recently updated this law to accommodate the distinct levels of severity in sex crime cases. As of January 1, 2021, Senate Bill 384 creates three tiers in the sex offender registration system that only requires some sex offenders to be registered for life. 

California’s Three-Tier Sex Offender Registration System

Until recently, anyone convicted of a sex crime was in the sex offender registration system for life. That changed in 2021. 

SB 384 created a three-tiered registration system that lets state officials evaluate petitions for removal from the registry. California implemented the new system in July 2021. The severity of their convictions ranks offenders. Tier 1 and Tier 2 offenders are eligible for removal after ten or twenty years if they have not committed any additional offenses. 

Because this new system is complex, it’s essential to work with a defense attorney who understands the process. Sevens Legal can help. 

Tier 1

This tier is for non-violent offenses such as: 

  • Indecent exposure
  • Annoying a child
  • Misdemeanor possession of child pornography
  • Misdemeanor oral copulation
  • Misdemeanor sexual battery
  • Misdemeanor sodomy
  • Other lewd conduct, such as unwanted touching

If convicted of one of these offenses, you’ll be on the registry for a ten-year minimum before you can request removal. Juveniles must remain on the registry for five years. 

 

Tier 2 

This tier is for mid-level sex offenses, such as: 

  • Incest
  • Rape of an individual over eighteen and incapable of giving consent
  • Lewdness or non-forced sodomy with a minor under the age of fourteen
  • Penetration by a foreign object
  • A second offense of annoying a child

For these offenses, a convicted offender must remain on the registry for a minimum of 20 years before filing a removal request. 

 

Tier 3

This tier is for the most severe sex offenses, including: 

  • Rape, in most cases
  • Sex trafficking of minors 
  • Sex crimes with children under the age of ten
  • Lewdness with a minor by force or fear
  • Repeated sex offenses
  • Other serious sex crimes

Individuals convicted of a Tier 3 sex crime or with a high-risk assessment score must remain on the registry for life. If someone is considered Tier 3 based solely on their risk assessment and not a crime committed, they can petition for removal after 20 years. 

Sevens Legal can help you with the petition to leave the sex offender registry. Call or text our office at (619) 430-2355 for a free consultation. 

Can You Get Off the Sex Offender Registry in California? 

Yes–some sex offenders can be removed from the registry, but not all. The three-tier system means some won’t be on the registry forever, but others will stay for life.

Once you’ve finished your time on the sex offender registry, you will still have to request to have your registry removed. Until then, you’re still required to register with law enforcement. SB384 lets you file a petition in either superior court or juvenile court in your county of residence to request removal from the registry after completing your registration period. The court will have 60 days to review, and it’s up to the court whether to grant your request. 

After you’ve completed the required registry time, you can file your petition for removal. When ready, work with a skilled criminal defense attorney who understands the California justice system. Sevens Legal works to make the process easy and trouble-free. 

A person who fails to register as required will have a year added to their requirements before they can request to be removed. 

A California sex crimes attorney can help guide you through the process of removing your name from the registry.

What To Do If You Are Being Accused of a Sex Crime

We suggest speaking with an experienced criminal defense attorney. Sex crime convictions mean a minimum of ten years as a registered sex offender. It also means a criminal record you’ll have for years. 

False accusations of sex crimes happen every day to innocent people. Don’t ignore the charges. You need to seek legal help from a San Diego criminal defense attorney immediately to understand the situation and know what to do to defend and protect yourself. 

You do have the option of using a public defender for your criminal case. However, working with your own criminal defense attorney means that you have legal representation focused on you. You’re more than just a client. Sevens Legal takes the time to investigate your case and to deliver the defense. You need to have a fighting chance in court. 

Free Sex Crimes Consultation in San Diego

Sevens Legal is ready to help with your defense. Our entire team is dedicated to protecting your rights and proving your innocence. Samantha Greene is a highly experienced criminal defense attorney. She leads Sevens Legal’s lawyers and investigative team in pursuing every legal recourse available to protect your rights and reputation after being accused of a sex crime.

How To Contact Our Sex Crimes Attorneys

If you need help, call our office at (619) 430-2355 or use our online contact form. We’ll schedule an appointment for you with one of our experienced criminal defense attorneys, who will work towards the best possible outcome in your case. Don’t wait until your court date is near. Sevens Legal can handle the case on your behalf, including a strong defense against the charges.

Will Domestic Violence Charges Affect Security Clearance?

Domestic violence (DV) charges can wreak havoc on an individual’s personal life and reputation within their community. When a job requires security clearance, DV charges can potentially necessitate the end of employment.

Getting a jump on the situation and promptly disclosing the incident to an employer is often viewed favorably. At this point, the employer may wish to proceed with an additional investigation into the clearance to ensure there is no active threat to security.

A domestic violence defense attorney can navigate the maze of handling DV charges in court. Experienced lawyers may succeed in getting the charges reduced or dropped while helping their clients clear their names and retain their clearance.

What Is Defined As Domestic Violence in California

California Penal Code § 273.5 defines domestic violence as intentional harm to a spouse, co-habitant, or fellow parent that results in a visual injury. This can be tried as either a misdemeanor or a felony.

California Penal Code § 243(e)(1), called “domestic battery,” includes any unwanted or unlawful touching of an intimate partner that doesn’t result in a visible injury. It’s a lesser charge that’s tried as a misdemeanor.

Also called “intimate partner violence,” domestic violence takes many forms. Children, parents, siblings, and other intimidating living situations also qualify as domestic violence.

Is Verbal Abuse Classified as Domestic Violence?

Verbal abuse is part of emotional abuse and is just as abusive as physical violence. Threatening, belittling, berating, shaming, and intimidating a victim falls under California statute 527.6.

Making a comment that another person would believe is genuine or threatening someone with violence or physical harm in person, in writing, or electronically can also fall under California’s Penal Code § 422: Criminal Threats. Proving verbal abuse may be difficult without recorded evidence.

When Does Domestic Violence Become a Felony?

Domestic violence is charged as a misdemeanor unless:

  • The victim was a child or a senior citizen
  • The victim suffered physical harm or a “corporal injury,” one caused by force
  • One or more instances of prior domestic abuse exist
  • There is a documented history of abuse
  • The abuser violated a restraining order to commit the abuse
  • The abuser used a weapon
  • A child witnessed the incident

Most domestic violence cases can be either misdemeanors or felonies, depending on the case.

Can You Lose Your Security Clearance for Domestic Violence?

It’s possible, especially if you try to conceal the arrest. Be proactive immediately and begin disclosures yourself rather than letting your employer find out elsewhere. Get ahead of the situation and begin discussions with your employer. Include any mitigating circumstances involved. A re-investigation into your security clearance may occur.

If you are required to take classes or counseling, such as anger management, complete them and any other court-ordered requirements. Do whatever it takes to show that you are committed to improvement. Working with a domestic violence defense attorney can help to make sure you’ve completed your requirements.

Factors That Affect Security Clearance

Any government position requires a background check. This determines your eligibility for access to classified national security information and your potential as a security threat.

What Shows Up on a Security Clearance Background Check?

  • Education
  • Current and previous residences
  • Family members and their residences
  • Previous employment, including military service
  • Police record
  • Financial records, including bankruptcy, garnishments, and other negative activity

Can You Get Security Clearance with Domestic Violence Conviction?

Suppose you’ve had no additional arrests or convictions and complied with the court’s orders. In that case, it’s possible to have the conviction reduced or expunged with the help of a criminal defense attorney.  

Security Clearance Disqualifiers

  • Criminal cases
  • Residency issues
  • Employment record gaps
  • Financial instability, i.e., unpaid debts, consistent delinquent payments, bankruptcies, and poor financial choices
  • Gambling debts
  • Unexplained wealth, i.e., assets or cash
  • Illegal or improper involvement with drugs
  • Security violations, i.e., unauthorized disclosure of classified information
  • Incapacitation

When Domestic Violence Charges Are Dropped

The court may drop all charges if there is insufficient evidence, including injuries, self-defense, contradictory statements, or no witnesses. But that’s not the end–you will still need to apply for expungement.

Can A Domestic Violence Victim Get the Charges Dropped?

No, but the district attorney can. Once the police are involved, the state presses charges. The alleged victim can file an affidavit of non-prosecution, but the DA decides whether to drop charges.

Can Police Press Charges If the Victim Doesn’t Want To?

Police in California will press charges if the victim refuses. Many prosecutors refuse to drop domestic violence charges altogether and will continue prosecution even if they eventually drop charges. 

Experienced San Diego Domestic Violence Attorney Can Help

Sevens Legal can help defend you against domestic violence charges. We’ll investigate your case and work to fight the charges. Working with an experienced criminal defense attorney will improve your chances of reduced or dropped charges.

Security Clearance Revoked Due to Domestic Violence Charges

Revocation is a concern after domestic violence allegations. Much will depend on the preliminary hearing, where a judge will examine if someone committed a crime and if there is enough evidence.

After you’ve self-disclosed the allegations, the next step is to work with a criminal defense attorney who can work to get the charges reduced or dropped. Sevens Legal can help. With the right criminal defense attorney on your side, you may be able to see the charges dropped before they become part of your record.

Contrary to popular belief, even if the charges are dropped, they may still show on your background check. Our skilled domestic violence attorneys can help you get them expunged from your record for good.

Security Clearance with Domestic Violence Background

The process is different and longer if you already have a DV charge or conviction. A “settled” case involves three years of probation, fines, restitution, and a full year of anger management. Felonies may include jail time.

The good news is that many of these cases can be expunged. Misdemeanors can be expunged after specific legal timelines. Felonies can be reduced to misdemeanors and then expunged if no state prison time was involved. Sevens Legal will work to help clear your record after a conviction to get or preserve a security clearance.

Free Domestic Violence Consultation in San Diego

Domestic violence charges can leave you with a criminal record that impacts your employment. We offer a free one-hour consultation in the San Diego area to discuss your case and strategies for defense. We’ll work to defend you against domestic violence charges to protect your freedom, your rights, and your reputation.

How to Contact Our Domestic Violence Attorneys 

Call or text our office at (619) 430-2355 or use our online contact form to schedule your appointment. We’ve helped thousands of people in your situation and are ready to help you.

Office Location
Domestic Violence Attorney San Diego
3555 Fourth Ave, San Diego, CA 92103
Phone: (619) 304-4993
Domestic Violence Attorney Escondido
500 La Terraza Blvd. Suite 150,
Escondido, CA 92025
Phone: (760) 780-1330