San Diego Domestic Violence Lawyer
Defending Against Domestic Violence Charges in Southern California
Accusations of domestic violence can destroy your reputation and put you in a difficult legal situation. Since courts take domestic violation charges very seriously, it is important that you have a skilled attorney representing you and making sure that your side of the story is heard. Emotions run high in these types of cases. It is recommended that you not confront your accuser without having your attorney present. From this point on, any interaction you have with your accuser could impact the outcome of your case. You do not want to say anything in anger that can be used against you later.
At Rodriguez Law Firm, our domestic violence lawyer in San Diego works tirelessly to defend our client’s rights and freedom. Domestic violence is a serious issue, so it is important that the truth of every case be presented to the court. Emotional testimonies can obscure important details, and we work to make sure our clients have the opportunity to fully represent their side of the story.
California Domestic Violence Laws
Some people dismiss charges of domestic violence because they are confident they have done nothing wrong. It is important to secure legal representation even in these cases. Domestic violence is not as cut-and-dry a charge as it may seem. You can be charged with this offense even if you unintentionally caused someone harm. In California, abuse is defined as “intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to him or herself, or another.” This means you can be charged for acting in a threatening manner or causing harm through reckless behavior, such as excessive drinking.
Domestic violence charges can be brought forward by anyone who shares residence with you, including:
- Live-in partners
- Extended relatives
What are the Penalties for Domestic Violence in California?
Domestic violence charges in California carry significant legal consequences. The penalties for domestic violence differ depending on the specific circumstances of each case, but it's essential to be aware of the potential repercussions. Some general penalties for domestic violence in California include:
- Fines: Individuals convicted of domestic violence may face fines as part of their sentence.
- Probation: The court may impose probation as an alternative to or in addition to incarceration.
- Jail Time: Convictions for domestic violence may lead to incarceration, ranging from a few days to several years, depending on the severity of the offense.
- Restraining Orders: Courts may issue restraining orders to protect the alleged victim, restricting the accused's contact with the individual.
- Stay-Away Orders: In some cases, individuals may be required to stay away from their homes or places of employment.
Counseling and Treatment Programs:
- Anger Management Classes: Courts may mandate individuals to attend anger management classes as part of their sentence.
- Domestic Violence Counseling: Offenders may be required to undergo counseling to address the root causes of their behavior.
- Firearm Prohibition: A domestic violence conviction may result in a prohibition on possessing firearms.
Defenses Against Domestic Violence Charges
Mounting a strong defense is essential when facing domestic violence charges. Some possible defenses include:
- False Accusations: Demonstrating that the accusations are untrue or motivated by malice can be a powerful defense strategy.
- Self-Defense: Asserting that the accused acted in self-defense is a viable defense, especially when the alleged victim was the aggressor.
- Lack of Evidence: Challenging the prosecution's evidence or demonstrating insufficient evidence can cast doubt on the case against the accused.
- Mistaken Identity: In cases where there may be confusion or mistaken identity, proving that the accused is not the perpetrator is a valid defense.
- Consent: In some situations, establishing that the actions in question were consensual can be a defense against domestic violence charges.
- Inadequate Legal Procedures: Challenging the legality of the arrest or the gathering of evidence can be a crucial aspect of building a defense.
Contact Our San Diego Domestic Violence Attorney Today
It can feel like the world has turned against you after you have been accused of domestic violence. People are not always willing to hear out the details or get your perspective of the situation. At Rodriguez Law Firm, our skilled criminal defense attorney in San Diego wants to hear your story. We stand up for our clients and perform thorough investigations to build a solid defense strategy.
I was really confident in sending out my GC application after working with them.
He was extremely patient and professional.
Thank god we found Mr. Rodriguez's law firm.
I had researched at least 30 lawyers before I chose John. All the other lawyers I spoke to seemed focused on their fees rather than my case.
This was all a super stressful situation, but after hiring John, I finally felt like the weight was lifted.