The San Diego District Attorney’s Office has an entire division dedicated to investigating, prosecuting, and getting convictions on domestic violence cases. If you have been charged with domestic violence in Southern California, you absolutely need the experience and knowledge of dedicated legal defense team.
Domestic Violence Charges
In the State of California, domestic violence charges result when the alleged victim and the accused share an intimate relationship, have family ties, are cohabitants, or have previously been intimately involved. In cases where such an intimate relationship exists, domestic violence may be interchangeably referred to as ‘intimate partner violence’ (IPV).
Domestic violence (DV) charges may commonly be included alongside other charges, such as:
- Penal Code 243(e)(1) Domestic Battery
- Penal Code 422 Criminal threats
- Penal Code 368 Elder Abuse
- Penal Code 273 (a) Child endangerment and/or neglect
- Penal Code 273 (d) Child abuse
- Penal Code 646.9 Stalking/Harassment
In San Diego County, domestic violence cases are taken very seriously. Victims of domestic violence and intimate partner violence may suppress their trauma, remain silent about their experiences, or try to keep their abuse a secret – all at the cost of their own psychological well-being. Many prosecutors have taken it upon themselves to act on behalf of these victims, becoming increasingly heavy-handed in their quest to convict. However, often times, vindictive, upset, or otherwise misled persons may file completely-false domestic violence charges to inflict pain and punishment on someone else for a wide variety of inappropriate reasons. Regardless of the accusations if you’ve been charged with domestic violence you need to prepare a defense strategy before entering the courtroom and you need an experienced defense team on your side.
Accused of Domestic Violence
There are numerous ways you can be charged with domestic violence in San Diego, and it is not always up to the complaining witness if they wish to press the charges. The District Attorney’s Office will ultimately determine whether to proceed with the filing of charges, and, often times, they usually err on the side of caution and do file charges.
When the police respond to a domestic violence call it is highly likely that someone will be removed from the scene and taken to jail as a precautionary measure consistent with law enforcement’s internal policy. The police must decide then and there who to arrest; unfortunately, they are not always correct. The person arrested is almost immediately made to look and feel guilty, regardless of the circumstances and state of the evidence.
While charges can be filed, the accusations may not always be founded. In far too many cases, false allegations of domestic violence are made in the heat of the moment, or with an ulterior motive in mind. Once you’ve been accused, it’s up to you to hire the best criminal attorney possible to protect your interests and freedom. No matter how you’ve found yourself on the receiving end of a domestic violence charge, you’re going to need experienced legal help to best prepare your defense.
Defending Against Domestic Violence Charges
The County will perform their own investigation – so should you. The team at the Law Office of David P. Shapiro will investigate every aspect of your case, leaving no avenue unexplored as we seek a charge reduction or outright dismissal of the charges. In domestic violence cases, there may be several overlapping charges, conflicting statements, and a lack of firm evidence against you. Regardless of your innocence you may still be convicted if you are unable to prove you are. The complex system of laws, the fervor with which domestic violence cases are prosecuted, and the severity of punishments mean you need an experienced, savvy, and dedicated legal team in your corner from the beginning.
The Potential Punishments for Domestic Violence
Each domestic violence case is unique, and as such the punishments will vary based on a wide range of circumstances. Some of the more common punishments and penalties for domestic violence include:
- Monetary fines/Victim restitution
- Up to one (1) year in jail
- Up to six (6) years in prison
Additionally, you could also:
- Receive a felony conviction and possible strike under the California Three-Strikes Law
- Spend even longer in prison based off the specifics of your case, and your background.
No two cases are ever the same – if you’d like to know more about the charges your facing, or if you’re ready to get the help of an experienced legal defense team on your side, contact us at 619-295-3555 for your free, no obligation domestic violence charge consultation today!