Everything You Should Know About Domestic Violence Charges in San Diego​
Top Domestic Violence Defense Attorneys in San Diego​
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Are you being charged with Domestic Violence in San Diego?
Facing domestic violence charges in San Diego can be a frightening and overwhelming experience. Your reputation, your freedom, and your future are all on the line, and the consequences of a conviction can be devastating. At Kersey Law, we understand what’s at stake, and we’re here to provide you with the expert legal defense you need to protect yourself and your rights.
Start with a free case evaluation, you have nothing to lose and everything to gain.
What Is Domestic Violence in California?
Domestic violence charges in California cover a wide range of behaviors, from physical harm to emotional abuse, threats, and even stalking. These charges are serious, and even a minor incident can result in severe legal penalties.
Legal Definition of Domestic Violence
Under California law, domestic violence is defined as any form of abuse committed against a spouse, partner, cohabitant, or family member. This can include:
- Physical abuse: Hitting, pushing, slapping, or any form of bodily harm.
- Emotional or psychological abuse: Intimidation, threats, or harassment.
- Stalking and harassment: Unwanted following, watching, or contacting the victim.
- Violation of restraining orders: Ignoring court orders meant to protect the victim.
Even if no physical injury occurred, you can still face criminal charges for domestic violence in San Diego.
California Domestic Violence Laws and Penal Codes
If you’re facing domestic violence charges in San Diego, it’s important to understand the relevant California laws and penal codes that may apply to your case. Here are the key penal codes that cover domestic violence offenses:
Penal Code 273.5 – Infliction of Corporal Injury
This law covers cases where someone inflicts corporal injury resulting in a traumatic condition on a spouse, cohabitant, or parent of their child. This charge can be classified as either a misdemeanor or felony, depending on the severity of the injuries and other factors.
Penal Code 243(e)(1) – Domestic Battery
This law applies to domestic battery cases where no visible injury is necessary for the charge. A misdemeanor conviction can still result in penalties, including jail time and fines.
Penal Code 422 – Criminal Threats
If you’re accused of threatening to harm or kill someone, you could be charged under Penal Code 422. Even a verbal threat can lead to serious charges if the victim believes the threat is real and imminent.
Restraining Order Violations
Violating a restraining order is a serious offense in California. If you violate the terms of a restraining order, such as contacting the victim, you could face additional criminal charges and penalties.
Penalties for Domestic Violence in San Diego
Domestic violence convictions carry severe penalties that can disrupt your life in many ways. The courts take these charges seriously, and you may face:
- Jail or prison time, depending on whether the charge is a misdemeanor or felony.
- Fines that can run into the thousands of dollars.
- Mandatory counseling or anger management programs.
- Restraining orders, which may prevent you from seeing family or entering your own home.
- Loss of gun rights, which can affect your personal and professional life.
Beyond the immediate legal penalties, a domestic violence conviction can have lasting consequences on your career, relationships, and future opportunities. That’s why you need a skilled defense lawyer who understands how to navigate these charges and protect your rights.
The Legal Process for Domestic Violence Charges
Understanding the legal process is crucial to defending yourself against domestic violence charges. Here’s what you can expect:
Arrest and Booking
Once the police are called, they will likely make an arrest if there is evidence of domestic violence, regardless of whether the alleged victim wants to press charges. This can be overwhelming, but it’s important to remain calm and contact an attorney immediately.
Court Hearings and Arraignment
You will face a series of court appearances, starting with your arraignment, where charges will be formally presented. This is where having an experienced attorney by your side is critical, as we can help negotiate bail, navigate plea options, or challenge the evidence against you.
Potential Outcomes
Possible outcomes of a domestic violence case include:
- Dismissal of charges if evidence is lacking or if the accuser recants.
- Plea deals for reduced charges or penalties.
- Trial and acquittal, where our defense strategy challenges the prosecution’s case and seeks to clear your name.
How Kersey Law Defends Domestic Violence Charges
At Kersey Law, we understand that every domestic violence case is unique. That’s why we develop a personalized defense strategy for every client, ensuring we explore every possible option to protect you from harsh penalties.
Common Defense Strategies for Domestic Violence
- False Accusations: Domestic violence charges often arise from emotionally charged situations, and false accusations can be made out of anger or revenge. We work to expose these false claims and defend your rights.
- Lack of Evidence: In many cases, the prosecution’s evidence may be weak or circumstantial. We scrutinize the evidence to ensure that your rights are fully protected.
- Self-Defense: If you acted in self-defense or in defense of others, we will present a compelling case to justify your actions.
- Inconsistent Testimony: We carefully review witness statements and testimonies to uncover inconsistencies that may weaken the prosecution’s case.
How it works
It’s easy to get started.
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Results may vary depending on your particular facts and legal circumstances.
Step 1
Request a FREE Case Review
With a free case evaluation, discussing your case details is simple with Kersey Law.
Step 2
We Build Your Defense
If we take on the case, our team will begin an in-depth investigation and craft a personalized defense strategy based on the unique aspects of your situation.
Step 3
We Fight for You
Our dedicated team will vigorously defend your rights and work tirelessly to achieve the best possible outcome.
The truth is, without a strategic defense strategy, you're missing out on a powerful tool to protect your future and achieve the best possible outcome for your case.
Frequently Asked Questions About Domestic Violence Charges in San Diego
Facing domestic violence charges can be confusing and overwhelming. Here are some common questions our clients ask.
First, remain calm and contact an experienced attorney. Do not speak to the police or anyone else about your case until you have legal representation.
It’s possible, but even if the accuser recants, the prosecution may still pursue charges. Having a skilled attorney is essential to negotiating with the prosecution or seeking dismissal.
Kersey Law provides expert legal representation for clients facing domestic violence charges in San Diego. We will fight tirelessly to protect your rights, challenge the prosecution’s case, and seek the best possible outcome for you.
Why Choose Kersey Law for Your Domestic Violence Defense?
Expertise in Domestic Violence Law
Our team has successfully defended clients against all types of domestic violence charges, from minor misdemeanors to serious felonies. We know how to navigate the legal system to ensure your rights are protected.
Aggressive and Personalized Defense
We don’t believe in a one-size-fits-all approach. We work closely with you to develop a defense strategy tailored to your specific circumstances and fight aggressively for the best possible outcome.
Confidential and Compassionate Support
Domestic violence cases are often highly personal and emotionally charged. We handle every case with discretion and compassion, ensuring that your privacy is protected throughout the legal process.
Minimize Disruptions to Your Life
Our strategies focus on minimizing disruptions to your personal and professional life. We understand that your time is valuable, and prolonged legal battles can be detrimental to your career. By efficiently handling your case, we aim to reduce the time and stress involved, allowing you to focus on your work and family.
What To Expect
The Kersey Law Difference
Results may vary depending on your particular facts and legal circumstances.
Step 1
Comprehensive Case Evaluation
From the moment you contact us, we begin a thorough evaluation of your case. This detailed assessment helps us identify the best defense strategies and anticipate potential challenges.
Step 2
Connect With Our Resource Network
You connect with a comprehensive resource network dedicated to supporting you through every step of your legal journey.
Step 3
Develop a Robust Defense Strategy
With the evidence in hand, we develop a strong defense strategy tailored to your case. We are dedicated to achieving the best possible outcome. Our team’s expertise and tenacity ensure that every angle is considered and every defense avenue is explored.
See what others have to say about Building a Winning Defense Strategy that Protects Your Future.
Results may vary depending on your particular facts and legal circumstances.
Recent Client Victories and Case Highlights
Results may vary depending on your particular facts and legal circumstances.
| Charges | Case Details | Outcome | Date of Resolution |
|---|---|---|---|
|
After a personal dispute escalated into serious legal allegations, the client was left feeling betrayed by both a former friend and their initial legal representation. Dissatisfied with the suggestion of a diversion program, the client sought out Kersey Law for a more aggressive defense. Through meticulous case review and strategic legal action, Kersey Law dismantled the false claims, leading to a full dismissal of all charges. This case underscores the importance of skilled legal representation when facing unfounded accusations. |
Charges Dropped |
August, 21th 2024 |
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|
When our client walked into our office, the stakes couldn't have been higher. Charged with carjacking under Penal Code 215, with allegations of personal infliction of great bodily injury and the use of a knife, he faced an uphill battle. On top of that, four aggravating factors were in play, threatening to make him eligible for the maximum sentence of 16 years and 8 months in prison. Adding to the complexity, he had another case that could have added two more years if found guilty. |
Not Guilty |
July, 16th 2024 |
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As a criminal defense attorney, I often encounter cases that test the very fabric of justice. One such case involved a young male client facing serious charges, including attempted murder, shooting at an inhabited dwelling, and various firearm-related offenses. The severity of these charges meant that my client was looking at a potential life sentence, with an additional 20-year firearm enhancement, leading to a daunting prospect of over 30 years to life in prison. |
Reduced to Lesser Charges With Two Years of Probation |
December, 5th 2023 |
Fighting Criminal Charges In California
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