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How to Get a Domestic Violence Charge Dropped in California: Proven Strategies to Protect Your Future

Facing Domestic Violence Charges? Here’s How You Can Get Them Dropped

Being charged with domestic violence in California is a serious matter. A conviction can lead to severe consequences, including jail time, fines, and a permanent criminal record. However, not every case ends in conviction. With the right strategy and legal representation, it’s possible to get domestic violence charges dropped. As an experienced criminal defense attorney at Kersey Law, I’ve successfully helped many clients clear their names and protect their futures. In this guide, I’ll walk you through the key steps to getting domestic violence charges dropped in California and how you can safeguard your rights.

What Happens After You’re Charged with Domestic Violence?

Once you’ve been charged with domestic violence, the legal process begins. This includes your arrest, booking, and a court appearance for arraignment. During this process, the prosecutor will review the case to determine whether there is sufficient evidence to move forward.

The Role of the Prosecutor

In California, the prosecutor decides whether or not to pursue a domestic violence case, regardless of the alleged victim’s wishes. Understanding how the prosecutor evaluates the case is essential for developing a strategy to have the charges dropped.

Strategies for Getting Domestic Violence Charges Dropped

1. Lack of Evidence

One of the most effective ways to get a domestic violence charge dropped is to prove that the prosecution lacks sufficient evidence. The prosecutor must establish guilt beyond a reasonable doubt, and if there is a lack of physical evidence, witness statements, or credible testimony, your attorney can challenge the strength of the case.

2. False Allegations

Unfortunately, false accusations are not uncommon in domestic violence cases. In contentious divorces or child custody disputes, one party may make false claims to gain leverage. Your attorney can help uncover the motives behind these accusations and present evidence that the charges are unfounded.

3. Self-Defense

If you were acting in self-defense, your lawyer can argue that your actions were necessary to protect yourself from harm. California law allows individuals to use reasonable force to defend themselves if they believe they are in imminent danger.

4. Lack of Injuries or Medical Records

If the alleged victim does not have any visible injuries or did not seek medical attention, it may weaken the prosecution’s case. Your defense attorney can highlight the absence of physical harm as part of a strategy to have the charges dropped.

5. Inconsistent Testimony

Witness testimony is often key in domestic violence cases. If the alleged victim or other witnesses have given inconsistent statements, your attorney can use this to cast doubt on the credibility of the accusations, which may result in the prosecutor dropping the charges.

Working with an Experienced Criminal Defense Attorney

Why Hiring the Right Lawyer is Crucial

Navigating the legal process alone is risky. An experienced criminal defense attorney will know how to negotiate with the prosecutor, identify weaknesses in the case, and develop a strong defense to protect your rights. At Kersey Law, we’ve helped numerous clients get their domestic violence charges dropped or reduced, ensuring that their futures remain intact.

Building a Strong Defense Strategy

Your attorney will work closely with you to gather evidence, interview witnesses, and build a defense strategy tailored to your case. Whether it’s proving false allegations, demonstrating self-defense, or highlighting inconsistencies, your defense must be strong to persuade the prosecutor to drop the charges.

The Role of the Alleged Victim in Dropping Charges

Can the Alleged Victim Drop the Charges?

In California, once domestic violence charges have been filed, the decision to pursue or drop the case rests with the prosecutor, not the alleged victim. Even if the alleged victim decides they no longer want to press charges, the prosecutor can still move forward with the case.

How the Alleged Victim Can Help Your Case

Although the alleged victim cannot directly drop the charges, their cooperation can be helpful. If the alleged victim refuses to testify or provides statements in your defense, it may weaken the prosecution’s case and encourage the prosecutor to reconsider pursuing the charges.

Pre-Trial Negotiations and Plea Deals

Negotiating with the Prosecutor

In some cases, it may be possible to negotiate with the prosecutor to have the charges dropped in exchange for completing anger management classes, counseling, or other court-ordered programs. This can be a favorable outcome for individuals looking to avoid a trial and protect their records.

When a Plea Deal Might Be Appropriate

If getting the charges dropped entirely is not an option, your attorney may work to secure a plea deal for a lesser charge or reduced penalties. This can help minimize the impact on your future and keep your record as clean as possible.

The Long-Term Impact of Domestic Violence Charges on Your Life

Criminal Record and Employment

A domestic violence conviction can have long-lasting consequences, including difficulties in securing employment, housing, and even professional licenses. Having the charges dropped can prevent these negative outcomes and preserve your reputation.

Child Custody and Divorce Cases

If you’re involved in a child custody dispute or divorce, a domestic violence charge can severely impact the outcome. By getting the charges dropped, you protect your ability to maintain custody of your children and avoid the stigma of a conviction.

Take Action Now to Get Your Domestic Violence Charges Dropped

If you’ve been charged with domestic violence, time is of the essence. With the right defense strategy and a skilled attorney on your side, you may be able to get the charges dropped and protect your future. At Kersey Law, we are committed to helping you navigate this challenging time and fight for the best possible outcome. Contact us today for a confidential consultation to discuss your case and start building your defense.

Picture of Meet Jamahl Kersey

Meet Jamahl Kersey

Jamahl Kersey is a distinguished criminal defense attorney and the principal attorney at Kersey Law, a boutique law firm in San Diego. With a focus on criminal defense, Jamahl has built a reputation for his unwavering dedication to protecting his clients' rights and securing favorable outcomes in complex cases. Known for his strategic approach and thorough understanding of the law, he has successfully defended clients against various charges, including sex crimes and other serious offenses.

Beyond his legal practice, Jamahl is committed to supporting his community and providing educational resources to help individuals understand their legal rights. He regularly engages in discussions about criminal justice reform and is passionate about empowering young people to navigate potential legal challenges. Jamahl's dedication to his clients and community has established him as a trusted advocate and leader in the San Diego legal community.

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Why Kersey Law is the Right Choice for High-Stakes Criminal Defense

  • Protecting Your Reputation and Career—We Know What’s at Stake

    When your career, reputation, and future are on the line, there’s no room for mistakes. At Kersey Law, we understand that losing is not an option. We take a proactive and discreet approach to every case, ensuring your professional standing is safeguarded at every step. Your case will be handled with the utmost confidentiality, ensuring that your public and private life remain intact. For clients with the highest stakes, we focus on delivering the exceptional outcomes you deserve.

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    Legal emergencies don’t wait for business hours, and neither do we. As a client of Kersey Law, you’ll have access to 24/7 availability for urgent matters. We’re here when you need us, ensuring that critical situations are addressed immediately. Whether it’s the middle of the night or the weekend, you can count on us to be there and act quickly. This level of support is vital when everything is on the line.

  • Our Experience—Proven Results in High-Stakes Cases

    Kersey Law has defended nearly every type of criminal accusation, from misdemeanors to capital offenses. Whether you’re facing charges like Sexual Assault, DWI, or even Aggravated Assault with a Deadly Weapon, our team has the experience and expertise to handle the most complex, high-stakes cases. We’ve built a proven track record of success in defending clients whose futures depend on the outcome. Trust us to use every tool at our disposal to fight for you.

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    Unlike many firms that leave clients waiting for days or weeks, we have a strict 24-hour callback policy. Your calls will be returned within hours, ensuring that you’re never left in the dark. We understand the urgency of your situation, and we pride ourselves on keeping the lines of communication open. Your case is our top priority, and you’ll always know where things stand.

  • Strategic, Relentless Defense—We Go Above and Beyond

    At Kersey Law, we go above and beyond to provide a strategic, personalized defense tailored to your specific situation. Our attorneys take the time to fully understand your case and work tirelessly to develop a strategy that aligns with your goals. We’re relentless in our pursuit of the best possible outcomes and leave no stone unturned in defending your rights and future. When you hire us, you can rest assured that your case is in the hands of a legal team committed to delivering excellence.

When everything is on the line, you need a legal team that will protect your future, fight tirelessly for the best outcome, and be by your side at every step.

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.

I have no other words to describe Kersey Law group but “”Superb grateful excellent!!””. I’m tearing up writing this because when you are in a difficult situation and you hope and pray that you can have full confidence that your lawyer will truly have your back and take care of you - this was our experience 110% with Kersey. The professionalism Kersey brought to the table, his expertise with confidence and even kindness cannot be matched. He was not only considerate, but takes the time to communicate fully, detailed on what’s needed and does an amazing job handling our case. We truly are very thankful and are appreciative of such a stellar law firm. God bless you.
Truly amazing experience! In our time of need Michelle Boss, Marisa, and Nathan came through for us (my nephew and I) in a major way. All charges were dropped and we were able to resume our lives. This team actually cares, were very attentive, the pricing was more than reasonable and they communicated with us every step of the way. Marisa, Nathan and Michelle definitely put my initially fears and doubts about our situation to rest as we proceeded with our case. I had total confidence in my team and the desired outcome was met. If you ever find yourself in need I highly recommend this law firm.
These people save lives. I was tossed into the absolute worst moment of my life and found the wisdom and generous and attentive care I so desperately needed. I can’t begin to explain my gratitude towards this firm. I went into this situation expecting the state to not listen to what I had to say and feared for the outcome would result in the loss of precious time and the weight of scrutiny I would face from family and my pears. Mr. Kersey swept all of my troubles away by acknowledging and understanding my situation and delivering on fast and easy outcome for myself as well as the other party. He took a messy situation and allowed myself and everyone involved to walk away smiling. Obviously the best course of action in life is to not be in this situation, but if you do find yourself where I was, I highly recommend Mr. Kersey. Honest, genuine, tough and highly motivated. Thank you guys so much God Bless!!

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