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Carlsbad Domestic Violence Defense Attorneys


Fighting for Your Freedom

Being charged with domestic violence is embarrassing and stressful. It can also do great harm to your reputation. False allegations are common in domestic violence cases, which are often made as an act of revenge by someone with a personal agenda.

District attorneys and law enforcement officials tend to be highly prejudicial against defendants who have been charged with domestic violence. That’s why it’s essential to have an experienced Carlsbad criminal defense attorney by your side.

Our founding attorney James N. Dicks has over 30 years of experience navigating the criminal justice system in San Diego County. If you’ve been accused of domestic violence, your first call should be used to contact jD Law Criminal Defense Attorneys at (760) 630-2000.

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Penalties for Domestic Violence in Carlsbad

Domestic violence is classified as a wobbler offense in California. That means the district attorney may choose to prosecute domestic violence as a misdemeanor or a felony, depending on the circumstances involved. Factors that prosecutors consider when charging a defendant for domestic violence include:

  • Is it a first offense?
  • How serious are the injuries?
  • Does the defendant have a criminal record?

Prosecution for misdemeanor domestic violence does not require the presence of visible injuries. Penalties may include probation, restitution, public service, up to $2000 in fines, mandatory classes, and up to a year in jail.

Prosecution for felony domestic violence may result in penalties including probation, public service, mandatory classes, restitution, fines of up to $10,000, mandatory classes, and five or more years in prison.

Additional negative consequences following conviction for domestic violence may include:

  • A restraining order
  • Loss of custody rights
  • Revocation of a professional license
  • Loss of gun rights
  • A permanent criminal record
  • Difficulty finding employment
  • Damage to your immigration status
  • Harm to your military career

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What Is Domestic Violence in California?

Under California law, a person may be charged with domestic violence for committing the following criminal offenses:

  • Assault
  • Battery
  • Stalking
  • Rape
  • Sexual assault
  • Criminal threats

Battery is defined as any willful and unlawful use of force against another person. Corporal injury is the intentional infliction of bodily injury.

Domestic violence, battery, or corporal injury may be charged when the alleged victim has one of the following types of relationships with the defendant:

  • Current or former spouse
  • Current or former fiancé or fiancée
  • Current or former domestic partner
  • Person in a dating relationship
  • Parent of the defendant’s child

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Legal Defenses Against Domestic Violence

Your criminal defense attorney will examine the police report, witness statements, physical evidence, and other factors related to the reported incident.

The emotional state of the victim at the time of the incident, implausible statements made by witnesses, inconsistencies in the police report, and forensic data can all be used to poke holes in the prosecutor’s version of events and disprove the charges against you.

Effective defense strategies in a domestic violence case may include:

  • There is a lack of proof.
  • The defendant didn’t commit the crime.
  • The defendant was falsely accused.
  • The defendant has an alibi.
  • The defendant was acting in self-defense.
  • The defendant’s rights were violated by the police.
  • There was no probable cause to conduct a search.
  • There was no probable cause to conduct an interrogation.

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We’re on Your Side

If you are facing charges of domestic violations or any other criminal offense, we’ll provide a vigorous offense and do everything we can to get your charges dropped or reduced.

Our team at jD Law Criminal Defense Attorneys has been recognized for outstanding service to our clients by Super Lawyers, an independent rating agency. Call (760) 630-2000 to schedule a FREE consultation today.

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(760) 630-2000

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James N. Dicks

About James N. Dicks