Domestic Violence Lawyers in San Diego

Definition

Domestic Violence is a general term that involves violence or threats of violence upon either a:

1. 1. Spouse; or
2. 2. person with whom he/she is cohabitating; or
3. 3. person who is the mother/father of his/her child

 

Typical Criminal offenses that are charged in a Domestic Violence case:

1. 1. PC 273.5 – Spousal Abuse
2. 2. PC 242-243(e)(1) – Battery
3. 3. PC 240-241(a) – Assault
4. 4. PC 422 – Criminal Threats
5. 5. PC 653m(a) – Threatening phone call
6. 6. PC 591 – Damage phone/cable/ or TV line
7. 7. PC 136.1(B)(1) – Intimidating a witness or victim

 

Consequences

Domestic Violence charges are classified as “wobblers”, which means they can be charged as either a felony or a misdemeanor. Usually this is determined by the seriousness of the case. Severe cuts and broken bones will almost always be charged as felonies. No injury or slight injury cases will be charged as misdemeanors. Prior acts of violence by the person charged may also factor in the Prosecutor’s decision to file it as a felony.

If charged as a felony, the defendant could serve at least 2 years or more in the state prison. If charged as a misdemeanor, the punishment is not more than 1 year in the county jail.

Also, the law requires that the defendant complete a 52-week program. The Court will most likely order a stay away order, which prohibits the defendant from having any contact with the victim.

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Kerry Steigerwalt's Pacific Law Center

At Kerry Steigerwalt's Pacific Law Center, our experienced legal team believes in an aggressive criminal defense. We feel this is necessary because many of California’s criminal statutes are zealously enforced and provide substantial punishments. We are dedicated to protecting individual rights. We sill not recommend that a client plead guilty to the criminal case originally charged unless, after our investigation, we believe such a plea would be in our client’s best interest.

Domestic violence also known as D/V cases are more aggressively prosecuted today than ever before because of heavy funding the police and prosecutors are receiving from special interest groups devoted to the cause of domestic violence.

In the past, the police would not arrest a man or a woman in a domestic dispute in the absence of obvious evidence of serious abuse. Now, police action at domestic violence calls is dictated by a strict agenda which requires police to arrest a husband or a wife or a boyfriend or a girlfriend, if one or the other has any visible injury upon them.

The police take very brief statements and with almost no real deliberation, decide that the injured person is the victim and the non-injured person is a suspected domestic abuser.

If you have been arrested for domestic violence, you must find an experienced attorney who will assign a professional investigator to interview you and if possible, you’re domestic partner and any children, relatives, friends or neighbors who may have witnessed the incident.

Your lawyer can work quickly to present sworn statements to domestic violence prosecutors before a decision is made to file criminal charges against you. This may avoid a prosecution or defer it until a fairer investigation can be conducted which ultimately may result in no charges being issued.

If charges are issued, notwithstanding sworn statements submitted on your behalf, at least your attorney has made an early showing of strength which will help your attorney prepare a strong trial defense.

If you or someone you know has been charged with criminal offense of a DUI, call or e-mail us to set up a free private consultation with a criminal defense lawyer at our San Diego practice. Again, please do not plead guilty. If you do not contact our firm, please seek the advise of another experienced criminal defense lawyer.

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