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California’s Domestic Violence Laws – A Quick Legal Guide
If you’re facing domestic violence charges in California, you’re probably feeling a mix of fear, confusion, and frustration. Let me be straight with you: domestic violence laws in California are tough. The penalties can be life-altering, and these cases move quickly. But here’s the good news—being accused doesn’t mean you’re guilty. As an experienced San Diego criminal defense attorney at Kersey Law, I’ve spent years helping people just like you navigate these waters and come out stronger on the other side.
This guide will give you a quick breakdown of California’s domestic violence laws, the penalties you could face, and the defense strategies that can turn your situation around.
What Is Domestic Violence Under California Law?
California’s domestic violence laws are broad, covering more than just physical violence. According to California Penal Code 13700, domestic violence involves any form of abuse—physical, emotional, or psychological—committed against an intimate partner, including:
- Spouses or former spouses,
- Cohabitants or former cohabitants,
- Someone you’re dating or have dated,
- The parent of your child.
The “abuse” doesn’t have to involve visible injuries. Even credible threats or actions that make someone fear for their safety can result in a domestic violence charge. And here’s the kicker—California law doesn’t take these accusations lightly.
Penalties for Domestic Violence in San Diego
The penalties for domestic violence in California are severe, and they can stick with you long after the case is over. Whether you’re charged with a misdemeanor or felony depends on the severity of the situation, but even a misdemeanor conviction can carry heavy consequences. Let’s break down two of the most common domestic violence crimes:
Penal Code 243(e)(1) “domestic battery” (a misdemeanor)
This is often charged in cases where there was no serious injury. A misdemeanor may sound less serious, but the penalties are still harsh:
- Up to 1 year in county jail,
- Fines up to $2,000,
- Completion of a 52-week batterer’s intervention program,
- Community service,
- Mandatory counseling,
- Possible restraining orders.
Penal Code 273.5, “inflicting corporal injury on an intimate partner” (a felony or a misdemeanor)
If the alleged victim suffered a traumatic condition, such as a bruise, cut, or broken bone, you could be facing a felony charge. Felony domestic violence charges can result in:
- 2 to 4 years in state prison,
- Fines up to $10,000,
- Payment of victim restitution,
- Mandatory counseling or intervention programs.
Other Consequences
And don’t forget the additional consequences that come with a domestic violence conviction:
- Loss of custody or visitation rights,
- Loss of gun ownership rights (a lifetime ban for felony convictions),
- Permanent criminal record that can affect your career and personal life,
- Deportation or immigration issues if you’re not a U.S. citizen.
The bottom line? The penalties for domestic violence in San Diego are life-altering, which is why you need a strategic defense plan in place.
Defenses to Domestic Violence Charges in San Diego
Now that you understand the penalties, let’s talk about how you can fight back. The good news is that a domestic violence charge is not a conviction. You have the right to defend yourself, and at Kersey Law, we’ll use every tool in the legal arsenal to challenge the accusations against you. Here are the most common defense strategies we use.
- Self-Defense
- False Accusations
- Lack of Evidence
- Accident
- Mutual Combat
Here’s the truth: facing criminal charges in California doesn’t always mean you’re going to trial or sitting behind bars. At Kersey Law, we understand that every case is unique, and sometimes the best defense happens before you even step foot in a courtroom. In many cases, with the right approach, we can convince the District Attorney not to pursue the charges at all.
And if outright dismissal isn’t on the table? We can often negotiate a plea deal to a lesser charge that gets you treatment or probation instead of jail. That’s the difference experience and strategy can make in your case.
As experienced criminal defense attorneys, we know how to play the game, and we know how to win.
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From Facing A Life Sentence to Freedom: A Criminal Defense Success Story by Jamahl Kersey
In the world of criminal defense, every case is a battle with high stakes, but some cases stand out for their complexity and the weight of the potential consequences. Today, I want to share the story of a young man who faced the possibility of spending the rest of his life in prison and how our dedicated team at Kersey Law helped him regain his freedom.
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Table of Contents
What is the Legal Definition of Domestic Violence in California?
Domestic violence is a serious accusation, and understanding its legal definition is crucial if you’re facing charges. Under California law, domestic violence involves more than just physical harm—it’s about the relationships involved and the intent behind the actions. Let me break it down for you in a way that’s clear, actionable, and vital to defending your rights.
According to California Penal Code 13700(b), domestic violence is defined as abuse committed against an adult or a minor who is one of the following:
- A spouse or former spouse,
- A cohabitant or former cohabitant,
- Someone with whom the accused has had a dating or engagement relationship,
- Or a person with whom the accused shares a child.
That means the law looks at the relationship between the parties before labeling it domestic violence. Now, let’s talk about what cohabitant means. It’s more than just sharing an address. It refers to two unrelated adults living together in a way that shows a permanent or lasting relationship. The court looks at things like:
- Sexual relations between the parties while living together,
- Sharing of income or expenses,
- Joint ownership or use of property,
- Whether they hold themselves out as spouses,
- The length and continuity of the relationship.
You see, it’s not just a casual roommate or friend situation—it’s about a relationship that mirrors a domestic partnership or marriage.
What Constitutes Abuse?
Now, let’s dive into what “abuse” really means under the law. According to California Penal Code 13700(a), abuse isn’t just about physical violence. It’s defined as:
- Intentionally or recklessly causing or attempting to cause bodily injury, or
- Placing someone in reasonable fear of imminent serious bodily injury, either to themselves or someone else.
So, what does that really mean? You don’t actually have to make physical contact with someone to be charged with domestic violence. For example, if you threaten someone in a way that makes them legitimately fear for their safety, that can be enough to land you with a domestic violence charge—even without a single punch being thrown.
How the Courts Interpret Domestic Violence
To give you a real-world look at how this plays out, let’s turn to some California court decisions. In People v. Hoover and People v. Truong, the courts made it clear that the intent behind your actions is critical. If you acted recklessly—that is, you didn’t necessarily mean to hurt someone but your actions created a clear risk of injury—that could be enough to support a domestic violence conviction.
In short, domestic violence in California covers a wide range of conduct, from direct physical attacks to placing someone in fear of imminent harm. And if you’re in a close relationship with the alleged victim, the consequences are much more severe than a simple assault charge.
Who Counts as a Victim of Domestic Violence Under California Law?
In California, the legal definition of a domestic violence victim varies depending on the context—whether we’re talking about criminal charges or custody disputes. The way California law defines a “victim” impacts not only how the case is prosecuted but also the rights and responsibilities of those involved. As experienced San Diego domestic violence defense attorneys, we’ve seen how important these definitions are in both criminal law and family law proceedings.
Victims of Domestic Violence for Purposes of California’s Criminal Laws
Under California Penal Code 13700(b), a victim of domestic violence is defined as someone who has experienced abuse committed by an intimate partner. But what does the law consider an “intimate partner”? It’s broader than most people think. The law includes:
- Spouses or former spouses,
- Cohabitants or former cohabitants (people living together as though they were spouses),
- A person with whom the suspect is having or has had a dating or engagement relationship,
- Someone with whom the suspect has a child.
Cohabitant doesn’t just mean a roommate—it’s a more substantial relationship. Factors the court looks at include sexual relations, sharing expenses, joint ownership of property, and how long the couple lived together. Even registered domestic partners under California Family Code 297.5(a) have the same rights and protections as spouses, meaning domestic violence laws apply to them just as they do to married couples.
The abuse, under Penal Code 13700(a), is defined as any intentional or reckless act that causes physical injury or puts someone in reasonable fear of serious injury. So, to put it plainly, if you’re charged with domestic violence, the law will look at your relationship with the alleged victim—and that includes current or former spouses, significant others, and even roommates if you’ve lived together in an intimate capacity.
Victims of Domestic Violence for Custody Disputes
Now, let’s talk about family law, specifically how domestic violence affects child custody disputes. The stakes are incredibly high in these cases, as the court’s priority is the well-being of the child. In the context of a custody battle, California’s Family Code 6211(e) and 6211(f) defines domestic violence victims more broadly. According to this law, a domestic violence victim could be:
- A spouse or former spouse,
- A cohabitant or former cohabitant,
- A person with whom the suspect has had a child,
- A current or former dating partner,
- A child of one of the individuals (yes, children are also included under this law as potential victims).
In custody disputes, the court doesn’t just look at physical violence. Emotional abuse, verbal threats, and even coercive behavior can be considered when determining if someone is a domestic violence victim for custody purposes. This means if you’re fighting for custody, any allegations of domestic violence—even if there’s no physical injury—could affect your rights to see your children.
California courts take domestic violence very seriously in family law cases, and under Family Code Section 3044, there’s a presumption that a parent who has committed domestic violence should not be awarded custody. This presumption can be overcome, but you need an aggressive defense strategy to protect your rights.
What Are the Common Domestic Violence Crimes and Penalties in San Diego?
If you’re facing domestic violence charges, it’s critical to understand what you’re up against. California has some of the toughest domestic violence laws in the country, and the penalties are serious. As an experienced criminal defense attorney at Kersey Law, I’ve seen the devastating consequences these charges can have on people’s lives—but it doesn’t have to end that way. Let’s break down the common domestic violence crimes and penalties so you know exactly what’s on the line and how we can help protect your future.
Domestic Battery (California Penal Code 243(e)(1))
One of the most common charges in domestic violence cases is domestic battery, which occurs when you use force or violence against an intimate partner. The key thing to remember here is that no injury is required for this charge to stick. Even the slightest unwanted touch can land you in hot water.
- What counts as an intimate partner? This includes spouses, former spouses, cohabitants, someone you’re dating, or the parent of your child.
- Penalties:
- Up to 1 year in county jail,
- Fines up to $2,000,
- Completion of a 52-week batterer’s intervention program (domestic violence classes).
Inflicting Corporal Injury on a Spouse or Cohabitant (California Penal Code 273.5)
If the victim of domestic violence suffers a traumatic condition—anything from a bruise to a broken bone—you could be charged under Penal Code 273.5. This is a more serious crime than domestic battery because it involves actual physical injury.
- Who can press charges? A spouse, former spouse, cohabitant, former cohabitant, or someone you share a child with.
- Penalties:
- Misdemeanor: Up to 1 year in county jail, fines up to $6,000, and probation.
- Felony: 2 to 4 years in state prison and fines up to $10,000. Felony charges are more likely if the injuries are severe or if you have a prior record.
Criminal Threats (California Penal Code 422)
Did you know you can be charged with domestic violence even if you never laid a hand on the alleged victim? That’s right—making a criminal threat is enough. If you threaten to harm your partner or someone they care about and they believe you might follow through, you could face criminal charges.
- Penalties:
- Misdemeanor: Up to 1 year in jail,
- Felony: Up to 3 years in prison. A felony conviction can also count as a strike under California’s Three Strikes Law, which means more severe penalties for future convictions.
Stalking (California Penal Code 646.9)
Stalking involves willfully and maliciously following or harassing someone to the point where they fear for their safety or the safety of their family. This charge is common in domestic violence cases where there’s a history of harassment, threats, or unwanted contact—especially if there’s already a restraining order in place.
- Penalties:
- Up to 1 year in jail for a misdemeanor,
- 2 to 5 years in state prison for a felony.
Violation of a Restraining Order (California Penal Code 273.6)
If a restraining order or protective order has been issued against you, whether temporary or permanent, and you violate its terms, you could face additional charges. Violations can include contacting the victim, going near their home or workplace, or any form of communication that goes against the court’s orders.
- Penalties:
- Misdemeanor: Up to 1 year in jail and fines.
- Felony: For repeat offenses or more serious violations, you could face up to 3 years in state prison.
Aggravated Domestic Violence
In cases where there’s severe injury or the use of a deadly weapon, you could be facing aggravated domestic violence charges. These are treated as felonies and come with much stiffer penalties than other domestic violence charges.
- Penalties:
- Felony charges can result in 2 to 5 years in state prison, depending on the severity of the injuries and whether a weapon was involved.
Additional Consequences Beyond Jail Time
It’s not just about the time you could serve behind bars. A domestic violence conviction can have far-reaching consequences that will impact your life for years to come, including:
- Loss of California gun rights,
- Loss of child custody or visitation rights,
- Mandatory completion of a 52-week batterer’s intervention program,
- Fines and victim restitution,
- A criminal record that could limit your employment opportunities,
- Deportation or inadmissibility to the U.S. if you are not a U.S. citizen.
Is Domestic Abuse a Felony in California?
The short answer? It depends. In California, domestic abuse can be charged as either a misdemeanor or a felony, depending on the specific circumstances of the case. As an experienced criminal defense attorney at Kersey Law, I’ve seen first-hand how these charges can dramatically affect your life—and understanding how the law works is critical to defending your rights.
Here’s what you need to know.
When is Domestic Abuse Charged as a Felony?
Domestic abuse becomes a felony when the crime involves serious injury, repeated offenses, or other aggravating factors. California law takes domestic violence seriously, especially if it results in visible harm or traumatic conditions.
For example, under California Penal Code 273.5, inflicting corporal injury on a spouse, cohabitant, or parent of your child that results in a traumatic condition (visible injury such as a bruise, cut, or broken bone) is often charged as a felony.
- Penalties for Felony Domestic Abuse:
- 2 to 4 years in state prison,
- Fines up to $10,000,
- Mandatory participation in a 52-week batterer’s intervention program.
If the injury is severe or if you have prior convictions, the penalties can be even harsher. Repeat offenders or those with a history of violence may also face enhanced sentencing, leading to longer prison terms.
When is Domestic Abuse Charged as a Misdemeanor?
Domestic abuse is more likely to be charged as a misdemeanor when the case involves minor injuries or no injuries at all. Under California Penal Code 243(e)(1), domestic battery—which is defined as any unlawful use of force or violence against an intimate partner—can be charged as a misdemeanor if no visible injury occurred.
- Penalties for Misdemeanor Domestic Abuse:
- Up to 1 year in county jail,
- Fines up to $2,000,
- Completion of a 52-week domestic violence class.
Even without serious injury, a misdemeanor conviction can still disrupt your life with jail time, fines, and probation.
Factors That Influence the Charge
So, what determines whether you’ll face a misdemeanor or felony charge for domestic abuse? Here are the key factors:
- Severity of Injury: If the victim has visible injuries, like a bruise, broken bone, or cut, you’re more likely to face felony charges.
- Prior Convictions: If you have a history of domestic violence or other violent crimes, your charge could be escalated to a felony.
- Use of a Weapon: If a deadly weapon was involved during the alleged incident, it’s likely to be charged as a felony.
- Threats and Fear: Even without physical injury, if you made credible threats or caused the victim to fear for their safety, the charge could be elevated.
When Can a Defendant in a Domestic Violence Case Receive Probation Instead of Jail Time?
If you’re facing a domestic violence charge in California, you’re probably wondering: Can I avoid jail time? The good news is, in many cases, probation is an option, especially if it’s your first offense or the circumstances don’t involve severe injury. But getting probation isn’t automatic—it takes a solid defense and careful strategy to convince the court to keep you out of jail.
As experienced San Diego criminal defense attorneys at Kersey Law, we’ve helped countless clients avoid the harshest penalties and receive probation instead of serving time. Here’s how it works.
What is Probation in a Domestic Violence Case?
First, let’s define probation. In California, probation allows you to avoid jail time or serve a reduced sentence while complying with strict court-ordered conditions. There are two types of probation:
- Summary (Misdemeanor) Probation: Usually for misdemeanor domestic violence charges. You won’t have to report to a probation officer, but you must comply with court-ordered terms, such as attending counseling or community service.
- Formal (Felony) Probation: Typically granted in felony domestic violence cases. You’ll have to regularly check in with a probation officer and follow strict conditions, but this option can keep you out of state prison.
When is Probation Available?
While not every domestic violence defendant is eligible for probation, there are several factors that can increase your chances of getting probation instead of jail time:
First-Time Offenders
If this is your first domestic violence offense and the injuries caused were minor or non-existent, the court is more likely to offer you probation, especially if you have no prior criminal record.
- Example: In a case where a couple had a heated argument and there was minimal or no physical contact, the court may view the incident as less severe, making probation a strong possibility.
Misdemeanor Charges
Misdemeanor domestic violence cases, such as those charged under Penal Code 243(e)(1) (domestic battery), often result in summary probation rather than jail time. This means you could avoid jail by complying with certain court orders, like completing a 52-week batterer’s intervention program.
- Penalties with Probation: You may still have to pay fines, attend counseling, and perform community service, but jail time may be off the table.
No Serious Injury to the Victim
When the alleged domestic violence incident doesn’t result in a traumatic condition (such as visible bruises, broken bones, or significant harm), the court may be more willing to impose probation. For example, Penal Code 273.5 covers cases where the victim sustains injuries, but if those injuries are minor, probation might be on the table.
- Example: If there was a minor altercation without serious injury, the judge might see probation as a more appropriate punishment than jail time.
Willingness to Comply with Court Conditions
Judges often look favorably on defendants who show a willingness to comply with court orders. This includes attending court-ordered counseling, enrolling in a domestic violence education program, or participating in anger management. Demonstrating a cooperative attitude and a desire to improve your behavior can make the difference between probation and jail time.
Strong Defense and Negotiation
Here’s where having the right legal team makes all the difference. An experienced attorney knows how to negotiate with the prosecution and argue for probation instead of jail time. We may present evidence showing self-defense, lack of intent, or even false accusations to weaken the prosecution’s case. At Kersey Law, we fight to highlight the positive aspects of your character, which could influence the judge to offer probation.
What Are the Conditions of Probation?
If you’re granted probation instead of jail time, you’ll still have to comply with certain court-mandated conditions. Common conditions of domestic violence probation include:
- Completing a 52-week batterer’s intervention program,
- Paying fines and victim restitution,
- Community service,
- Counseling or anger management classes,
- No contact orders or restraining orders,
- Regular meetings with a probation officer (for formal probation).
Failure to meet these conditions can result in a probation violation, which could send you straight to jail.
What if You’re Facing Felony Charges?
Even in felony domestic violence cases, probation may still be available if the circumstances warrant it. For example, if the injuries were not severe and it’s a first-time felony, the court may impose formal probation instead of sending you to state prison.
- Example: In a case where a spouse sustains a minor injury during an argument, but the defendant has no prior violent history, the court might consider formal probation over prison time.
Why You Need an Experienced Attorney to Secure Probation
Getting probation in a domestic violence case isn’t automatic. It takes a strong defense, skilled negotiation, and an understanding of the legal system to secure the best outcome for your case. At Kersey Law, we know the stakes are high, and we’ll fight tirelessly to keep you out of jail and on probation whenever possible.
What Are the Additional Consequences of a California Domestic Violence Conviction?
When it comes to a domestic violence conviction in California, the penalties go far beyond just serving time or paying a fine. A conviction can have long-lasting effects that ripple through your life, from your personal relationships to your professional standing, and even your rights as a citizen. At Kersey Law, we’ve seen how these hidden consequences can be just as damaging as the conviction itself. Let’s break down the additional consequences of a California domestic violence conviction so you can see exactly what’s at stake.
Mandatory Minimum Jail Time
In California, domestic violence convictions carry mandatory minimum jail time, especially for repeat offenders or cases involving serious injury. Even if you’re a first-time offender, the court may still impose time behind bars. For example, under Penal Code 273.5 (inflicting corporal injury), even a misdemeanor conviction can mean 30 days to 1 year in jail. A felony conviction could lead to 2 to 4 years in state prison.
Payment of Victim Restitution & Domestic Violence Fund
A conviction often requires you to pay victim restitution to cover the alleged victim’s medical expenses, lost wages, or property damage. On top of that, you may be required to pay into the Domestic Violence Fund, which helps finance intervention programs and victim services across California.
Participation in a “Batterers’ Program”
One of the most common consequences of a domestic violence conviction is mandatory participation in a 52-week batterer’s intervention program. This court-ordered program includes weekly counseling sessions focused on anger management, relationship skills, and violence prevention. Missing even one session could land you back in court for a probation violation—or worse, jail.
Permanent Criminal Record
A domestic violence conviction becomes a permanent part of your criminal record, which can affect your ability to find employment, secure housing, or apply for loans. And let’s be honest—no one wants to explain a domestic violence conviction during a job interview. Even worse, if you’re applying for professional licenses or security clearances, that conviction could be an automatic disqualifier.
Loss of Custody Rights
California law heavily weighs domestic violence convictions when it comes to child custody. If convicted, there’s a presumption that you are unfit for custody. This could lead to you losing physical custody of your children or only being granted supervised visitation. Even if you’re granted some custody, the conviction could impact future custody modifications, making it harder to regain full parental rights down the line.
Loss of Gun Rights
One of the most significant and often surprising consequences of a domestic violence conviction is the loss of your right to own or possess firearms. Under California law, this restriction applies to both misdemeanor and felony convictions, but the length of the restriction varies depending on the charge.
After a Misdemeanor Conviction
A misdemeanor domestic violence conviction (such as Penal Code 243(e)(1) for domestic battery) results in a 10-year ban on owning or possessing firearms. This means that even after you’ve served your time, paid your fines, and completed your probation, you will not be able to legally own a gun for an entire decade.
After a Felony Conviction
A felony domestic violence conviction results in a lifetime ban on gun ownership. That’s right—one conviction could mean you lose your Second Amendment rights permanently.
Can a Pardon or Expungement Restore Gun Rights After a Domestic Violence Conviction?
In some cases, a pardon or expungement could potentially restore your gun rights, but it’s not guaranteed. Even if you manage to have your conviction expunged or reduced, federal law under the Lautenberg Amendment may still prohibit you from owning firearms. At Kersey Law, we’ll work to evaluate your options and fight to protect your rights.
Restraining Orders
Following a domestic violence conviction, the court is almost certain to issue a restraining order, or protective order, against you. This could prevent you from contacting the alleged victim for years. If you have children with the victim, a restraining order could make visitation nearly impossible. Worse yet, violating a restraining order can lead to additional criminal charges, even if the contact was unintentional or requested by the victim.
Immigration Consequences
If you’re a non-citizen, a domestic violence conviction could have devastating immigration consequences. Under U.S. immigration law, certain convictions can lead to deportation or make you inadmissible to return to the U.S. in the future. Domestic violence falls under the category of “crimes involving moral turpitude”, which is a red flag for immigration authorities. Whether you’re a green card holder or someone seeking a visa, a conviction could permanently bar you from becoming a U.S. citizen or even staying in the country.
How Do I Fight California Domestic Violence Charges?
You’ve been charged with domestic violence in California. Now what? If you’re like most people in this situation, you’re probably wondering: How do I get out of this? How do you protect your future, your family, and your reputation? Domestic violence charges are serious, but don’t lose hope—there are several ways to fight back and avoid the worst-case scenario.
At Kersey Law, we’ve spent years defending clients just like you against domestic violence charges. Whether it’s building a strong legal defense, negotiating a favorable plea deal, or even getting you into a pre-trial diversion program, there are options. Here’s how we fight to protect your rights and your future.
Legal Defense Strategies
First and foremost, if you want to win, you need a solid legal defense strategy. A domestic violence charge doesn’t automatically mean you’re guilty. There are many defenses we can use to poke holes in the prosecution’s case, raise doubt, and ultimately get the charges reduced or dismissed.
Here are some common defense strategies we use at Kersey Law:
- Self-Defense: This is one of the most powerful defenses. If you were protecting yourself or someone else from immediate harm, your actions might be justified. We’ll look for evidence that proves the alleged victim was the aggressor and that you were simply defending yourself.
- False Accusations: It’s unfortunate, but false accusations happen more often than you might think. Whether it’s due to a custody battle, jealousy, or a messy breakup, people sometimes make up stories to gain the upper hand. We’ll dig deep to uncover inconsistencies in the accuser’s story, expose motive, and show the court that the allegations are unfounded.
- Lack of Evidence: The prosecution has to prove their case beyond a reasonable doubt. Without solid evidence—like witness testimony, medical records, or a police report—their case may crumble. We’ll challenge the evidence and question whether the prosecution can actually meet that burden of proof.
- Accidental Injuries: Sometimes, what seems like domestic violence is just an accident. Maybe the alleged victim tripped, or there was a misunderstanding during a heated argument. We’ll gather evidence to show that any injury was purely accidental and not the result of intentional violence.
Plea Bargains to Lesser Charges
Sometimes, the smartest move isn’t to fight the charges outright, but to negotiate a plea bargain. Now, you might be thinking, “I don’t want to plead guilty to anything!” And I get it. But here’s the reality: a well-negotiated plea deal can take a serious domestic violence charge and reduce it to something far less damaging.
For example, instead of pleading guilty to domestic violence (which could come with jail time, a criminal record, and the loss of your gun rights), we might be able to negotiate a plea deal to a lesser charge like disturbing the peace. This could result in far lighter penalties—such as probation, community service, or anger management classes—instead of jail time.
Why is this effective?
- A plea deal can prevent you from being convicted of a violent crime, which could otherwise follow you for the rest of your life.
- You’ll likely avoid harsher penalties like jail time, hefty fines, or loss of your Second Amendment rights.
- It’s often faster and less stressful than going through a full trial, where the outcome can be unpredictable.
At Kersey Law, we know how to negotiate with the prosecution to get you the best possible outcome.
Pre-Trial Diversion
Another option we may pursue is getting you into a pre-trial diversion program. This is an excellent route if you qualify. Pre-trial diversion allows you to avoid jail time and possibly even avoid a conviction altogether. It’s designed for first-time offenders or those whose alleged crimes aren’t as severe.
Here’s how it works:
- If you qualify for diversion, you agree to complete a set of court-ordered conditions, such as attending domestic violence classes, performing community service, or going to counseling.
- Once you complete the program, the charges are dismissed. That’s right—no conviction, no jail time, and you can move on with your life.
However, not everyone qualifies for diversion. The court will consider factors like whether this is your first offense, whether the injuries were minor, and your overall criminal history. At Kersey Law, we’ll evaluate whether diversion is a good fit for your case and push hard to get you into the program.
Types of Domestic Violence Charges in California
Domestic violence charges, whether they involve assault, battery, or stalking, carry serious consequences that can affect your freedom, reputation, and future. Understanding the charges under California law is essential for mounting a strong defense.
At Kersey Law, we specialize in protecting your rights and developing defense strategies tailored to the most common types of domestic violence charges, in particular
Assault is defined as an unlawful attempt to commit a violent injury on another person. In the context of domestic violence, assault occurs when one person tries to physically harm their intimate partner, whether the harm is inflicted or not.
- Example: If someone raises a hand to strike their partner but does not make contact, they could be charged with assault.
- Penalties: Simple assault is typically charged as a misdemeanor, carrying up to 6 months in county jail and a fine of up to $1,000. However, if the assault involves a deadly weapon or results in significant injury, it could lead to felony charges.
Battery involves the actual use of force or violence against an intimate partner. It is more serious than assault because physical contact has been made. Battery in domestic violence cases usually involves slapping, punching, pushing, or any form of harmful physical contact.
- California Penal Code 243(e)(1) applies to cases where the battery is committed against a spouse, former spouse, cohabitant, or someone with whom the defendant has a dating relationship or shares a child.
- Penalties: Battery against an intimate partner can be charged as a misdemeanor, punishable by up to 1 year in county jail and fines of up to $2,000. In some cases, the court may impose mandatory counseling programs.
Penal Code 273.5 makes it a crime to inflict corporal injury resulting in a traumatic condition on a spouse, cohabitant, or the parent of the offender’s child. A traumatic condition refers to any visible or internal injury, no matter how minor, such as bruises, cuts, or broken bones.
- Example: If someone punches their spouse and leaves a bruise, this can be charged under Penal Code 273.5.
- Penalties: Inflicting corporal injury can be charged as either a felony or misdemeanor, depending on the severity of the injury and the defendant’s criminal history. Felony convictions may result in 2 to 4 years in state prison, while misdemeanor convictions can lead to up to 1 year in county jail.
Stalking involves willfully, maliciously, and repeatedly following or harassing another person, causing them to fear for their safety or the safety of their family. Stalking in domestic violence cases often includes cyberstalking, constant phone calls, or physically following the victim.
- Example: If someone persistently follows their ex-partner to work, school, or public places and makes threatening gestures or comments, they could be charged with stalking.
- Penalties: Stalking is usually charged as a felony, punishable by up to 5 years in state prison. If the defendant violates a restraining order while stalking, the penalties can be more severe.
Under Penal Code 422, it is a crime to make a threat of physical harm that causes another person to fear for their safety or the safety of their family. The threat must be specific, and the person making the threat must have the intent to cause fear.
- Example: If someone tells their spouse or partner that they will hurt or kill them, even without following through, they could face criminal threats charges.
- Penalties: Criminal threats can be charged as either a felony or misdemeanor, depending on the circumstances. Felony charges can result in up to 3 years in state prison.
Violating a restraining order is a serious offense in California. A restraining order is issued by a court to protect a person from physical harm, threats, harassment, or stalking. Violating the terms of this order is a criminal act, even if the other party consents to the contact.
- Example: If a restraining order prohibits someone from contacting their ex-spouse and they attempt to do so by phone, email, or in person, they could face additional criminal charges for violating the order.
- Penalties: Violating a restraining order can be charged as either a misdemeanor or a felony, depending on the severity of the violation and prior history. A misdemeanor conviction may result in up to 1 year in county jail, while repeat or more serious violations can lead to 3 years in state prison.
Aggravated domestic violence involves more severe cases where the abuse results in serious bodily injury, or when a deadly weapon is used during the commission of the crime. These cases are often charged as felonies and involve enhanced penalties.
- Example: Striking a partner with a weapon or causing life-threatening injuries can lead to aggravated domestic violence charges.
- Penalties: A felony conviction for aggravated domestic violence can result in 2 to 4 years in state prison, with enhanced sentences for prior convictions or the use of a weapon.
If you or a loved one are facing any type of domestic violence charge, contact us for a confidential consultation to discuss how we can help defend your rights and navigate California’s complex legal system.
The Consequences of a Domestic Violence Conviction
Criminal Penalties
A domestic violence conviction can lead to severe criminal penalties, including:
- Jail or prison time
- Fines ranging from hundreds to thousands of dollars
- Mandatory counseling or anger management programs
- Restraining orders that limit your contact with the alleged victim
In California, domestic violence penalties vary depending on the severity of the offense. According to California Penal Code Section 273.5, those convicted may face significant fines, probation, or even prison time depending on the circumstances of the case.
In some cases, domestic violence charges can be filed as either a misdemeanor or a felony, depending on the severity of the allegations and any prior history of abuse. The penalties are serious, and they escalate for repeat offenses.
Personal and Professional Impact
Beyond the criminal penalties, a domestic violence conviction can affect your:
- Career: Many employers are hesitant to hire individuals with domestic violence convictions.
- Housing: Landlords may refuse to rent to individuals with such charges.
- Child Custody: A domestic violence conviction can drastically impact your ability to retain custody of your children.
This is why having an experienced domestic violence lawyer who can protect your future is essential.
Common Defenses to Domestic Violence Charges
False Allegations
One of the most common defenses in domestic violence cases is false accusations. In emotionally charged situations, allegations can be fabricated or exaggerated. At Kersey Law, we thoroughly investigate the circumstances surrounding the accusation to reveal inconsistencies or motives behind false claims.
Self-Defense
If you were defending yourself from harm, this is a valid legal defense. We’ll work to demonstrate that your actions were taken in self-defense, not as an act of aggression.
Lack of Evidence
Many domestic violence cases are built on weak or circumstantial evidence. We will challenge the prosecution’s evidence and work to have unreliable testimony or insufficient proof dismissed.
Understanding Restraining Orders and Their Impact
Types of Restraining Orders
Domestic violence cases often involve restraining orders that restrict contact with the alleged victim. It’s essential to understand the different types of restraining orders:
- Emergency Protective Orders (EPO): Issued by law enforcement at the time of an arrest.
- Temporary Restraining Orders (TRO): Typically issued until the court hearing.
- Permanent Restraining Orders: Issued after a court hearing and can last up to five years.
Violating any of these restraining orders can result in additional criminal charges, so it’s vital to follow the terms while we build your defense.
How a Restraining Order Can Affect You
A restraining order can prevent you from seeing your family, living in your home, or even going to work if the protected person is nearby. Our team at Kersey Law works to minimize the impact of these orders, fighting to have them modified or dismissed.
Restraining orders are commonly issued during domestic violence cases. To understand the legal process behind restraining orders, visit the California Courts – Domestic Violence Restraining Orders page for more information.
Why You Need an Experienced Domestic Violence Lawyer
Navigating Complex Laws
Domestic violence cases are complicated, involving both criminal law and family law issues like child custody. At Kersey Law, we specialize in navigating these complex cases, ensuring that your defense is comprehensive and that your rights are protected at every stage.
Tailored Legal Strategies
Every case is different, which is why we build a custom legal strategy based on your unique situation. Whether it’s gathering evidence, cross-examining witnesses, or negotiating with prosecutors, we’ll be with you every step of the way.
Proven Track Record
With years of experience defending individuals in domestic violence cases, Kersey Law has a proven track record of securing case dismissals, reduced charges, and favorable outcomes for our clients.
How Kersey Law Can Help You
Free Initial Consultation
We offer a free, confidential consultation to discuss the details of your case and outline the best defense strategies. During this consultation, we’ll answer your questions and explain how we can help protect your future.
Aggressive Representation
At Kersey Law, we are known for our aggressive defense strategies. We’ll leave no stone unturned in defending your case and ensuring the best possible outcome.
Your Domestic Violence Lawyer in San Diego
If you’ve been accused of domestic violence, it’s essential to act quickly. The sooner you contact an experienced lawyer, the better your chances of a favorable outcome. At Kersey Law, we are committed to defending your rights, protecting your reputation, and helping you navigate the legal process with confidence.
Take Control of Your Future
Facing domestic violence charges is a daunting experience, but with the right legal team on your side, you can fight back. At Kersey Law, we combine legal expertise with compassionate representation to give you the defense you deserve.
How Can a San Diego Domestic Violence Lawyer Help You?
Facing a domestic violence charge in California can be one of the most terrifying experiences of your life. The stakes are high—your freedom, your family, your reputation, and even your future are all on the line. But here’s the thing: you don’t have to face this alone. As an experienced domestic violence lawyer in San Diego, I’m here to tell you that with the right defense, you can fight back, protect your rights, and get your life back on track.
Let me explain how a domestic violence attorney at Kersey Law can make all the difference in your case.
Expert Guidance Through the Legal Maze
The legal system is complex, especially when it comes to domestic violence charges. Without the right lawyer on your side, you could easily make a misstep that lands you in even deeper trouble. But at Kersey Law, we’ve been navigating these cases for years. We know how the system works, and we’ll guide you every step of the way.
- Understanding the Charges: Domestic violence isn’t a one-size-fits-all charge. You could be facing a misdemeanor or a felony, depending on the circumstances. We’ll break down the charges against you, explain what they mean, and develop a strategy to fight them.
- Navigating Court Procedures: From the moment you’re charged, there are legal deadlines, court appearances, and documentation that need to be handled correctly. Miss one deadline or file one document wrong, and your case could suffer. We’ll make sure every piece of your case is handled properly and on time.
Building a Strong Legal Defense
The most important thing we can do for you is build a strong defense strategy. Domestic violence cases are rarely cut and dry. There’s often more to the story than what’s presented by the prosecution, and it’s our job to bring that to light. Here’s how we do it:
- Challenge the Evidence: In many cases, the evidence against you might be weak, circumstantial, or even fabricated. We’ll thoroughly examine every piece of evidence the prosecution presents and challenge anything that doesn’t hold up under scrutiny. Whether it’s questioning police reports, witness statements, or even medical records, we’ll leave no stone unturned.
- Expose False Accusations: Unfortunately, it’s not uncommon for people to make false accusations in domestic violence cases, especially in the heat of a custody battle or divorce. We’ll investigate the motives behind the accusations and uncover any inconsistencies in the alleged victim’s story.
- Prove Self-Defense: If you were defending yourself or someone else from harm, we’ll fight to prove it. Self-defense is one of the strongest legal defenses in a domestic violence case, but it takes an experienced lawyer to make that argument stick in court.
Protecting Your Rights
A domestic violence conviction can strip you of more than just your freedom—it can take away your parental rights, your right to own a gun, and even your ability to stay in the country if you’re a non-citizen. You need a lawyer who understands what’s really at stake and knows how to protect your rights.
- Custody Rights: A domestic violence conviction can severely impact your ability to maintain custody or visitation rights with your children. We’ll fight to ensure the charges don’t unfairly affect your family life.
- Gun Rights: Both misdemeanor and felony domestic violence convictions can result in the loss of your Second Amendment rights. We’ll work to keep a conviction off your record so you don’t lose your right to own firearms.
- Immigration Consequences: If you’re not a U.S. citizen, a domestic violence conviction could lead to deportation or make it impossible for you to stay in the country. We’ll fight to protect your immigration status and minimize any potential consequences.
Negotiating for the Best Outcome
Sometimes, going to trial isn’t the best option. In some cases, negotiating a plea bargain or securing pre-trial diversion could be the smartest move. But here’s the key—negotiating with the prosecution takes skill, experience, and the ability to find the best deal possible. At Kersey Law, we know how to negotiate effectively to protect your future.
- Plea Bargains: If the evidence against you is strong, we’ll work to negotiate a reduced charge or lighter sentence. For example, we may be able to reduce a domestic violence charge to disturbing the peace, which carries far fewer penalties and doesn’t result in a domestic violence conviction.
- Pre-Trial Diversion: In some cases, we can get you into a pre-trial diversion program, which could result in dismissal of charges after completing certain conditions like counseling or community service. This keeps a conviction off your record and helps you move on with your life.
Fighting for Your Reputation
A domestic violence accusation can damage your reputation in ways that go beyond the courtroom. It can affect your career, your relationships, and how others view you. At Kersey Law, we don’t just fight for you legally—we fight to protect your name. We’ll challenge the allegations, expose the truth, and help you move forward with your reputation intact.
Take the First Step to Protect Your Future
If you’re facing domestic violence charges, you don’t have to face this battle alone. At Kersey Law, we have the experience, knowledge, and tenacity to defend your rights, clear your name, and protect your future. But time is critical—the sooner we start building your defense, the better your chances of success.
Contact Kersey Law today for a confidential consultation, and let’s talk about how we can help you fight these charges and get your life back on track.
Helpful Resources for Domestic Violence Defense
If you are facing domestic violence charges in San Diego, the following resources can provide you with additional information and guidance:
California Penal Code Section 273.5: Learn more about the legal definitions and consequences of domestic violence charges under California law.
California Courts – Domestic Violence Restraining Orders: Detailed information on the types of restraining orders available in domestic violence cases and how they can affect your situation.
San Diego Superior Court – Domestic Violence Information: Get an overview of how domestic violence cases are handled in the San Diego court system.
California Legislative Information – Domestic Violence Penalties: Understand the specific penalties associated with domestic violence convictions in California.
California Department of Justice – Victim Services: Explore victim support services, legal rights, and resources for those involved in domestic violence cases.
Frequently Asked Questions About Domestic Violence Charges in San Diego
We understand that facing domestic violence charges can be overwhelming. Below, we’ve answered some of the most common questions our clients ask.
In California, domestic violence includes any form of physical, emotional, or psychological abuse inflicted on a spouse, cohabitant, partner, or family member. This can involve acts such as assault, battery, threats, or stalking.
Penalties for domestic violence can range from fines, mandatory counseling, and restraining orders to jail time or even prison, depending on the severity of the case and whether it’s charged as a misdemeanor or felony.
Yes, you can be charged with domestic violence even if there are no physical injuries. Emotional or psychological abuse, threats, and other forms of non-physical harm can also lead to charges.
If you’ve been falsely accused of domestic violence, it’s crucial to contact an experienced criminal defense attorney immediately. At Kersey Law, we will investigate the facts, gather evidence, and work to build a strong defense to protect your rights and reputation.
What Are Resources for Domestic Violence Victims?
As criminal defense attorneys at Kersey Law, we spend our time helping those accused of crimes navigate the legal system. But we also understand that domestic violence is a real and serious issue that impacts countless lives. If you or someone you care about is a victim of domestic violence, you need to know that help is available. It’s not just about legal protection—it’s about getting the support, resources, and guidance you need to escape a harmful situation and start building a safer future.
Here are some vital resources for domestic violence victims in San Diego and across California. These services can provide the immediate and long-term help you need, from legal guidance to shelter and emotional support.
National Domestic Violence Hotline
One of the most important first steps for any victim of domestic violence is to reach out to someone who can help. The National Domestic Violence Hotline is available 24/7, offering confidential support, safety planning, and direct connections to local resources like shelters, counselors, and legal help.
- Phone: 1-800-799-SAFE (7233)
- Website: www.thehotline.org
San Diego Domestic Violence Council
The San Diego Domestic Violence Council is a local organization that works to coordinate services for victims of domestic violence. They provide referrals to shelters, counseling services, legal aid, and court advocacy for those in the San Diego area.
- Website: www.sddvc.org
YWCA of San Diego County – Becky’s House
The YWCA of San Diego County operates Becky’s House, a domestic violence program offering a safe haven for women and children. Becky’s House provides emergency shelters, transitional housing, and legal support services to help victims regain control over their lives. They also provide counseling and job training to help victims move toward independence.
- Phone: (619) 234-3164
- Website: www.ywcasandiego.org
San Diego Family Justice Center
The San Diego Family Justice Center provides a wide range of services for victims of domestic violence, including legal support, emergency protection orders, counseling, and connections to safe housing. What makes this center unique is that it houses multiple agencies under one roof, so victims can access everything they need in one place.
- Phone: (619) 533-6000
- Website: www.sandiego.gov/fjc
Legal Aid Society of San Diego
The Legal Aid Society offers free legal services for victims of domestic violence, including help obtaining restraining orders, child custody support, and guidance on immigration-related issues. Legal Aid also provides assistance to victims in navigating the complex family court system.
- Phone: (877) 534-2524
- Website: www.lassd.org
Women’s Resource Center (WRC)
Located in Oceanside, the Women’s Resource Center offers emergency shelter and support for domestic violence victims in North San Diego County. They provide a 24-hour hotline, crisis intervention, and counseling services for women, men, and children affected by domestic violence.
- Phone: (760) 757-3500 (24-hour hotline)
- Website: www.wrcsd.org
Center for Community Solutions (CCS)
The Center for Community Solutions provides emergency shelters, legal services, counseling, and advocacy for survivors of domestic violence and sexual assault in San Diego County. They also assist with obtaining temporary restraining orders and navigating the legal system to ensure the safety and protection of victims.
- Phone: (888) 385-4657 (24-hour hotline)
- Website: www.ccssd.org
Immigration Support for Victims
If you’re a non-citizen facing domestic violence, you may be concerned about your immigration status. The Violence Against Women Act (VAWA) offers certain protections for immigrant victims, allowing them to apply for legal status without relying on their abuser. The Legal Aid Society and local immigration attorneys can help you navigate this process and ensure you receive the protection you’re entitled to.
- VAWA Information: www.uscis.gov
Restraining Orders and Emergency Protection
If you’re in immediate danger, one of the first things you may need is a restraining order to keep the abuser away from you. Many organizations, including the San Diego Family Justice Center, can help you obtain an emergency protective order (EPO), which offers immediate protection and can be issued 24/7.
- For more details on obtaining restraining orders, visit:
San Diego Superior Court – Restraining Orders
How Can a San Diego Domestic Violence Lawyer Help You?
Facing a domestic violence charge in California can be one of the most terrifying experiences of your life. The stakes are high—your freedom, your family, your reputation, and even your future are all on the line. But here’s the thing: you don’t have to face this alone. As an experienced domestic violence lawyer in San Diego, I’m here to tell you that with the right defense, you can fight back, protect your rights, and get your life back on track.
Let me explain how a domestic violence attorney at Kersey Law can make all the difference in your case.
Expert Guidance Through the Legal Maze
The legal system is complex, especially when it comes to domestic violence charges. Without the right lawyer on your side, you could easily make a misstep that lands you in even deeper trouble. But at Kersey Law, we’ve been navigating these cases for years. We know how the system works, and we’ll guide you every step of the way.
- Understanding the Charges: Domestic violence isn’t a one-size-fits-all charge. You could be facing a misdemeanor or a felony, depending on the circumstances. We’ll break down the charges against you, explain what they mean, and develop a strategy to fight them.
- Navigating Court Procedures: From the moment you’re charged, there are legal deadlines, court appearances, and documentation that need to be handled correctly. Miss one deadline or file one document wrong, and your case could suffer. We’ll make sure every piece of your case is handled properly and on time.
Building a Strong Legal Defense
The most important thing we can do for you is build a strong defense strategy. Domestic violence cases are rarely cut and dry. There’s often more to the story than what’s presented by the prosecution, and it’s our job to bring that to light. Here’s how we do it:
- Challenge the Evidence: In many cases, the evidence against you might be weak, circumstantial, or even fabricated. We’ll thoroughly examine every piece of evidence the prosecution presents and challenge anything that doesn’t hold up under scrutiny. Whether it’s questioning police reports, witness statements, or even medical records, we’ll leave no stone unturned.
- Expose False Accusations: Unfortunately, it’s not uncommon for people to make false accusations in domestic violence cases, especially in the heat of a custody battle or divorce. We’ll investigate the motives behind the accusations and uncover any inconsistencies in the alleged victim’s story.
- Prove Self-Defense: If you were defending yourself or someone else from harm, we’ll fight to prove it. Self-defense is one of the strongest legal defenses in a domestic violence case, but it takes an experienced lawyer to make that argument stick in court.
Protecting Your Rights
A domestic violence conviction can strip you of more than just your freedom—it can take away your parental rights, your right to own a gun, and even your ability to stay in the country if you’re a non-citizen. You need a lawyer who understands what’s really at stake and knows how to protect your rights.
- Custody Rights: A domestic violence conviction can severely impact your ability to maintain custody or visitation rights with your children. We’ll fight to ensure the charges don’t unfairly affect your family life.
- Gun Rights: Both misdemeanor and felony domestic violence convictions can result in the loss of your Second Amendment rights. We’ll work to keep a conviction off your record so you don’t lose your right to own firearms.
- Immigration Consequences: If you’re not a U.S. citizen, a domestic violence conviction could lead to deportation or make it impossible for you to stay in the country. We’ll fight to protect your immigration status and minimize any potential consequences.
Negotiating for the Best Outcome
Sometimes, going to trial isn’t the best option. In some cases, negotiating a plea bargain or securing pre-trial diversion could be the smartest move. But here’s the key—negotiating with the prosecution takes skill, experience, and the ability to find the best deal possible. At Kersey Law, we know how to negotiate effectively to protect your future.
- Plea Bargains: If the evidence against you is strong, we’ll work to negotiate a reduced charge or lighter sentence. For example, we may be able to reduce a domestic violence charge to disturbing the peace, which carries far fewer penalties and doesn’t result in a domestic violence conviction.
- Pre-Trial Diversion: In some cases, we can get you into a pre-trial diversion program, which could result in dismissal of charges after completing certain conditions like counseling or community service. This keeps a conviction off your record and helps you move on with your life.
Fighting for Your Reputation
A domestic violence accusation can damage your reputation in ways that go beyond the courtroom. It can affect your career, your relationships, and how others view you. At Kersey Law, we don’t just fight for you legally—we fight to protect your name. We’ll challenge the allegations, expose the truth, and help you move forward with your reputation intact.
Take the First Step to Protect Your Future
If you’re facing domestic violence charges, you don’t have to face this battle alone. At Kersey Law, we have the experience, knowledge, and tenacity to defend your rights, clear your name, and protect your future. But time is critical—the sooner we start building your defense, the better your chances of success.
Contact Kersey Law today for a confidential consultation, and let’s talk about how we can help you fight these charges and get your life back on track.
Expert Insights: How to Fight and Beat Domestic Violence Charges in California
Equip Yourself with the Right Tools for Your Defense at Kersey Law. Visit our resource center, watch informative videos, and discover how we’ve helped clients achieve successful outcomes.
- How to Protect Yourself from False Domestic Violence Accusations ↗
- Understanding Restraining Orders in Domestic Violence Cases ↗
- What Happens After a Domestic Violence Arrest in California? ↗
- Top 5 Common Defenses Against Domestic Violence Charges ↗
- How Domestic Violence Convictions Impact Child Custody in California ↗
- How to Get a Domestic Violence Charge Dropped in California ↗
- The Differences Between Misdemeanor and Felony Domestic Violence Charges ↗
- How to Handle a Restraining Order During a Domestic Violence Case ↗
- What to Do if You’re Arrested for Domestic Violence During a Divorce ↗
- The Long-Term Consequences of a Domestic Violence Conviction ↗
Featured Blog
Understanding Sentencing for Domestic Violence in California
When facing a domestic violence charge in California, understanding potential sentences is crucial. This is especially important for licensed professionals, military members, and college students
Why You Need Kersey Law?
Navigating Complex Laws
Jamahl Kersey, a seasoned attorney with extensive experience in defending drug crime cases, leads our firm. His deep understanding of the legal system and strategic defense tactics ensures the best possible outcomes for our clients.
Personalized Legal Strategy
We understand the importance of maintaining your professional reputation. Our team employs strategies to protect your name and standing within your industry and community.
Discreet and Confidential Representation
Your privacy is our priority. We handle all cases with the utmost discretion, ensuring your personal and professional reputation remains intact.
Minimizing 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.
Proven Track Record
Our success speaks for itself. We have a history of achieving favorable outcomes for our clients, supported by numerous testimonials and case studies.
How it works
It’s easy to get started.
Invest in Your Defense. Protect Your Future.
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.
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 |
|
|
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 |
|
|
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
Download Our Powerful Free Guide to Protect Your Future and Navigate the Legal System With Confidence.
More to Explore
Explore the tools you need for your defense with Kersey Law. Browse our resource center, watch educational videos, and learn from client success stories.
- How to Protect Yourself from False Domestic Violence Accusations ↗
- Understanding Restraining Orders in Domestic Violence Cases ↗
- What Happens After a Domestic Violence Arrest in California? ↗
- Top 5 Common Defenses Against Domestic Violence Charges ↗
- How Domestic Violence Convictions Impact Child Custody in California ↗
- How to Get a Domestic Violence Charge Dropped in California ↗
- The Differences Between Misdemeanor and Felony Domestic Violence Charges ↗
- How to Handle a Restraining Order During a Domestic Violence Case ↗
- What to Do if You’re Arrested for Domestic Violence During a Divorce ↗
- The Long-Term Consequences of a Domestic Violence Conviction ↗
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Diddy’s Bail Battle: What It Means for Your Defense Rights in High-Stakes Cases
In a high-stakes legal battle, Sean “Diddy” Combs faces another uphill fight to secure bail. As the court prepares for his third bail hearing, both
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