Cardiff Domestic Violence Defense Lawyers
Domestic violence is any form of abuse committed against an “intimate partner.” It may involve intentional or reckless use of physical force or threatening to use force against the victim. In California, domestic violence offenses are wobblers – they may be charged as either misdemeanors or felonies.
A domestic violence conviction can have serious consequences. If you are facing charges, consult with an experienced Cardiff domestic violence defense attorney as soon as possible.
Under the California Penal Code, an intimate partner in domestic violence cases may be a:
- Spouse or former spouse
- Domestic partner
- Person with whom the defendant has had a child
- Cohabitant or former cohabitant
- Person the defendant is dating or has previously dated
Certain misdemeanor and felony crimes may be considered domestic violence, including criminal threats, assault, battery, sexual assault, rape, and stalking. Domestic violence offenses in California include:
- Domestic battery: Using force against another person with actual physical contact is battery. Domestic battery occurs when force is used against any person who may be considered an intimate partner under California law, as described above.
- Corporal injury on a spouse or cohabitant: This felony crime occurs when force used against an intimate partner results in corporal injury leading to a traumatic condition.
Criminal penalties for a domestic violence conviction may include mandatory minimum jail time, fines, victim restitution, mandatory participation in domestic violence classes, and a restraining order against you. Conviction of a domestic violence offense can have other serious consequences, such as loss of child custody and loss of California gun rights. A permanent criminal record could significantly impact your future opportunities for education, employment, housing, and professional licensing.
- Domestic battery is a misdemeanor offense, punishable by up to a year in jail and/or a fine of $2,000, community service, domestic violence classes, and a restraining order.
- Corporal injury to a spouse or cohabitant is a wobbler. When charged as a felony, it carries a prison sentence of up to four years, with a possible additional five years if the victim suffered “great bodily injury.”
Depending on the circumstances of your case, our Cardiff defense lawyer may be able to assert legal defenses against domestic violence changes. Common defenses include the following:
- The alleged victim’s injuries were the result of an accident.
- The alleged victim’s injuries were not the result of your actions.
- You were acting in self-defense or in defense of another person.
- You were falsely accused due to anger, jealousy, an attempt to gain the upper hand, or for another reason.
If you have been charged with a domestic violence offense, our experienced Cardiff domestic violence attorney can guide you skillfully through the criminal justice process, protect your rights, and work to achieve the best possible outcome in your case. We can search for any flaw in the prosecution’s case against you, assert all applicable legal defenses, and negotiate to have your charges reduced or dismissed.
If you qualify for a domestic violence diversion program, we can work to get you enrolled. Successful completion of a pretrial diversion program can result in your charges being dismissed. Factors that determine whether you qualify include your specific charges, your criminal history, and where you live in relation to the alleged domestic violence victim. Contact jD Law Criminal Defense Attorneys at (760) 630-2000 for a Cardiff domestic violence defense lawyer you can trust.
Don’t Waste Any Time!
Call us today for a FREE Consultation