San Diego Domestic Violence Defense Attorney

Are You in Need of a Proven San Diego Domestic Violence Lawyer?

Being arrested for domestic violence in San Diego can be a devastating experience, and it is important to contact an attorney right away. You may be facing protective orders, loss of gun rights, and serious damage to your reputation. A conviction can lead to jail time, deportation, probation, and future restrictions on employment and housing.

Unfortunately, allegations of domestic violence allegations are often based on false claims and misunderstandings. But police and prosecutors aggressively pursue these cases in California. Once law enforcement is involved, you cannot assume the matter will go away.

James N. Dicks at jD Law Criminal Defense Attorneys has a strong track record of successfully defending our clients. He will guide you through the legal process and fight for your rights.

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Why Choose Us Over Other Domestic Violence Lawyers in San Diego?

• We are available to answer your call 24/7.
• We offer a free consultation.
• Attorney James N. Dicks is a former LAPD investigator.
• Attorney James N. Dicks is a Certified California Criminal Law Specialist.
• We have successfully defended thousands of clients.
• Spanish-speaking staff is available to assist clients.
• James N. Dicks is a seven time-recipient of the Avvo Client Choice Award.
• Attorney James N. Dicks has over 30 years of criminal defense experience in San Diego courts.
• Our attorney is recognized by Super Lawyers based on peer reviews and independent research.

Accused of Domestic Violence in San Diego?

The sooner you involve an experienced attorney, the stronger your case will be. Call jD Law Criminal Defense Attorneys at (760) 630-2000 for a free consultation today.

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What Is Considered Domestic Violence in California?

Under California law, you could be charged with a felony or misdemeanor for committing crimes that are considered domestic violence, which include:

• Assault. Under California Penal Code § 240, assault is basically when someone tries to physically hurt another person and has the ability to follow through. You don’t actually have to touch or hit the person, just making a move to cause harm and being in a position to do it is enough. In most cases, assault is charged as a misdemeanor, which can mean fines, probation, or up to six months in county jail. However, if the person has a prior record or the circumstances make the situation more serious, the punishment can be more severe.
• Battery. According to California Penal Code § 242, battery happens when someone intentionally uses force or violence against another person. Unlike assault, actual physical contact has to happen for it to count as battery. Depending on how serious the situation is, battery can be charged as either a misdemeanor or a felony. If it is a misdemeanor, penalties might include fines, probation, or up to six months in county jail. When battery is charged as a felony, usually due to circumstances like serious injuries or special circumstances, the consequences can include bigger fines and time in state prison.
• Criminal threats. Under California Penal Code § 422, a criminal threat happens when someone seriously threatens to kill or badly hurt another person, and they mean for that person to feel scared. If the threat is taken seriously and causes real fear, either for their own safety or their family’s, it can be considered a criminal threat. These cases are often charged as felonies in California, and the penalties can include fines, probation, or up to four years in state prison.
• Stalking. Under California Penal Code § 646.9, stalking is when someone repeatedly follows, harasses, or threatens another person in a way that makes them fear for their safety or the safety of their family. It has to be done on purpose and with bad intent. Depending on the circumstances, such as a restraining order in place or a prior conviction, stalking can be charged as either a misdemeanor or a felony. Penalties can include fines, probation, or up to five years in state prison.
• Sexual assault. Under California Penal Code § 243.4, sexual assault covers a range of serious offenses like rape, forced oral sex, forced sodomy, and unwanted sexual penetration with a foreign object. These are considered major crimes in California and come with tough penalties. If someone is convicted, they could face a long prison sentence, be required to register as a sex offender, and may have to go through mandatory counseling or treatment programs.
• Rape as defined in California Penal Code § 261, means having sexual intercourse with someone without their consent. It is always charged as a felony in California and comes with serious consequences. A conviction can lead to up to eight years in state prison. If there are aggravating factors like use of a weapon, multiple attackers, or a prior record, the sentence can be even longer.
• Attempted rape. Under California Penal Code §§ 261 and 664, attempted rape occurs when someone intends to commit rape and takes a direct step toward doing so but does not complete the act. Attempted rape is a felony offense in California. Penalties can include up to four years in state prison. A conviction may also require sex offender registration.
• Kidnapping. As defined under California Penal Code § 207, kidnapping involves taking or moving another person a substantial distance without their consent, often using force, fear, or deception. It’s a serious felony offense in California. Penalties for kidnapping typically include three, five, or eight years in state prison. However, if the victim is a child, if a ransom is involved, or if the kidnapping results in physical harm, the sentence can be much longer—up to life in prison. Kidnapping convictions also carry major long-term consequences.

Domestic battery is different than battery. While battery is generically defined as any willful and unlawful use of force or violence against another person, section 243(e)(1) of California's penal code defines “domestic battery" as an offense committed against:

• A spouse or former spouse;
• A person with whom the accused was cohabiting;
• A present or former fiancé or fiancée;
• A person the accused is or was dating or engaged to; or
• The parent of the accused’s child.

Corporal injury on a spouse or cohabitant requires the use of force, just like battery. But when that force results in "corporal injury" leading to a traumatic condition, the accused may be charged with a felony. Under section 273.5 of the California Penal Code, intentional infliction of corporal injury is punishable by imprisonment when committed against the following persons:

• A parent of the accused’s child;
• A person that is, or was, in a dating relationship with the accused; or
• A current or former:
  • Spouse;
  • Fiancé or fiancée;
  • Registered domestic partner; or
  • Live-in partner.

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What Is the Process for a San Diego Domestic Violence Case?

In San Diego, domestic violence charges are handled the same regardless of the type or severity of violence.

• Arrest: While California law does not require it, police are strongly encouraged to make an arrest when responding to a domestic violence call. Arrest is mandatory, however, when a protective or restraining order has been violated. While officers making these arrests may be doing so according to their best judgment and in the interests of public safety, it can have serious consequences for innocent people who are taken into custody after being wrongfully accused.
• Before Charges are Filed: After the initial arrest, the district attorney will gather information to allow the individual to decide whether to file formal charges. It is important for you, the accused, to use this time to gather as much information as possible. Not only should you immediately begin collecting evidence to support your defense, but your attorney may speak to the prosecutor before charges are filed and be able to get them reduced or even prevent a charge from being filed at all.
• Arraignment and Pretrial: Once charges are filed, there will be an initial court date called an arraignment. This is where the judge will formally read to you the charges and ask how you plead. If you plead guilty, the judge will sentence you right away. If you plead not guilty, depending on whether you have been charged with a misdemeanor or felony, one of two things will happen. In the case of a misdemeanor, a pretrial conference will be set, where the judge, the district attorney, and your lawyer will meet to discuss the case. If you have been charged with a felony, there will be a preliminary hearing so the judge can determine whether the district attorney has enough evidence to prosecute.
• Trial: The final part of the process is the trial. Few domestic violence cases get that far, as most defendants enter into a plea agreement before it gets to that point. If the case goes to trial, the prosecution must prove the charges against the defendant "beyond a reasonable doubt." Without a subpoena, the alleged victim does not have to testify. But, in cases where the alleged victim did not wish to press charges and the district attorney filed the case anyway, the alleged victim's testimony might benefit the defense. If you are the defendant, the trial is your last opportunity to prove your innocence, so you want to make sure you have the best representation possible to make sure you are not wrongfully convicted.

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When Everything Is on the Line, Trust Experience That Delivers

At jD Law Criminal Defense Attorneys, we use decades of experience to provide the strongest possible representation. Trust a firm with decades of experience and a proven record of results.

Call a San Diego criminal defense lawyer at (760) 630-2000 now; we are ready to defend your future.

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Taking Steps to Protect Your Rights in San Diego

When accused of domestic violence, it is crucial to take proactive steps to protect your rights and interests immediately after an arrest. Taking the following steps can go a long way toward protecting your legal rights and interests:

• Exercise Your Right to Remain Silent: Upon being accused of domestic violence, exercise your right to remain silent. Refrain from making any statements to law enforcement officers or investigators without the presence of your attorney. Anything you say can be used against you in court, so it is essential to avoid discussing the allegations without the protection of legal representation.
• Contact an Experienced Attorney: Seek legal representation from an experienced criminal defense attorney specializing in domestic violence cases. A skilled attorney can provide personalized legal advice and develop a robust defense strategy tailored to your case. Choose an attorney with a successful track record in resolving domestic violence cases.
• Gather Evidence and Documentation: Collect any evidence or documentation that may support your defense. This may include text messages, emails, voicemails, photos, or witness statements that contradict the allegations or provide context to the situation. Preserve any evidence that could be relevant to your case.
• Adhere to Court Orders and Restraining Orders: If a restraining order or other court orders are issued against you, it is crucial to comply. Violating court orders can have serious consequences and may further harm your case. Follow all instructions from the court and avoid contact with the alleged victim or other parties involved in the case unless otherwise permitted by the court or your attorney.
• Attend All Court Proceedings: Attend all court hearings and proceedings related to your case. Failing to appear in court can result in additional legal consequences, including a bench warrant for your arrest. Be punctual, respectful, and cooperative during court appearances, and follow your attorney's guidance throughout the legal process.

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What Are Defense Strategies for Domestic Violence Charges?

When facing domestic violence (DV) charges, various defense strategies may be employed to protect your rights and challenge the prosecution's case. Commonly used defense strategies include:

• False Accusation or Mistaken Identity: One of the most common defense strategies in DV cases involves asserting that the accused is falsely accused or mistaken for the perpetrator.
• Self-Defense or Defense of Others: In some cases, the actions were taken in self-defense or defense of others to protect against the fear of imminent harm.
• Lack of Evidence or Credibility: Additional defense strategies involve challenging the sufficiency or credibility of the evidence presented by the prosecution, questioning the reliability of witnesses, noting inconsistencies in the accuser's statements, or having insufficient physical evidence to support the charges beyond a reasonable doubt.
• Violation of Constitutional Rights: Our criminal lawyer also argues that law enforcement officers violated the accused's constitutional rights, such as the Fourth Amendment protection against unreasonable searches and seizures or the Fifth Amendment right against self-incrimination.

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What Penalties Are Enforced for Domestic Violence in San Diego?

Whether you are charged with a misdemeanor or a felony, it is important to understand that your future and freedom may be at stake when facing allegations of domestic violence or abuse in Vista or San Diego.

Criminal penalties can include:

• Three years of probation;
• 52 weeks of domestic violence counseling;
• A fine;
• Restitution to the victim;
• Public service work; and/or
• Jail time.

In addition to the penalties enforced by a criminal court, a domestic violence conviction could lead to a family court stripping you of custody rights and barring you from spending time with your children. The risks to your future freedom and happiness are too great to take any chances. No matter your situation, make sure you have qualified legal support on your side.

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The Broader Impact of Domestic Violence Convictions

Accusations of domestic violence can profoundly impact your life, regardless of their validity. These allegations can strain your relationships and tarnish your reputation. If you live with the accuser, prioritize your safety and seek support from trusted friends or family. It is crucial to remain calm and composed and ensure you are represented by counsel. Remember, an accusation does not define your character. The stigma associated with such accusations can be shocking and emotionally devastating, and our attorney can assist you in navigating these challenging times.

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Other Locations We Serve in California

• Bonsall
• Camp Pendleton
• Cardiff
• Carlsbad
• Del Mar
• Encinitas
• Escondido
• Fallbrook
• Leucadia
• North County
• Oceanside
• Rainbow
• Rancho Santa Fe
• San Marcos
• Solana Beach
• Valley Center
• Vista

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What Clients Are Saying About Us

Jim was extremely helpful through the whole process - E.H. (5-Star Google Review)

Thank you guys, again, for the wonderful work you did for me. Jim was extremely helpful through the whole process and made sure I understood what was happening while making sure I got the best results. Would give an extra star if it was possible.

You can't go wrong by having jD Law represent you -Scoozy (5-Star Google Review)

After speaking with many different lawyers for a recent case of mine, I happened upon jD Law. Instantly after being greeted on the phone and speaking with Jim and his assistants about my situation, I was immediately relieved. Jim restored my confidence that I was going to be taken care of and that I was in the best hands possible. Professional is an understatement in regards to jD Law. Jim is pleasant, charming, and very amicable. Everyone seems to know him and he has a very good disposition in work and life. You can't go wrong by having jD Law represent you.

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Case Studies

Domestic Violence - Charge Reduced

Our client was charged with PC273.5(a)-Corporal Injury to a roommate and PC242(e)(1)-Battery of a current or former significant other. The San Diego District Attorney’s Office takes a very hard stance with these cases, but our team worked tirelessly to show mitigating factors surrounding the case. After several hearings, the case was dropped down to only battery but not upon a “significant other.”

Domestic Disturbance - Charges Dropped

Penal Code Section 273.5 (A) makes it a felony to inflict corporal injury on current or former spouse or cohabitant with a punishment of imprisonment in state prison for two, three, or four years, or in a county jail for not more than one year. We represented a mother of two children who had been charged with this because she had been the victim of a domestic disturbance and in the process had injured her husband. She was arrested, but bailed out of jail. Mr. Dicks had a conference with the District attorney and explained that she had acted in self-defense to protect herself and their children since her husband had been intoxicated at the time of the incident. After we provided corroborating statements to prove that her husband had been the aggressor and that our client had been the victim, the charges were dropped against her.

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Facing a Restraining Order or Arrest? Get Immediate Legal Help

California law enforcement agencies and courts have become increasingly harsh in their handling of domestic violence cases. Heightened pressure from political groups, as well as extensive media coverage and public outrage, have contributed to California's strict enforcement of domestic violence laws.

If a member of your household calls the police to report an incident, no matter how minor, you could face arrest and formal domestic violence charges. Even if your accuser does not want to press charges, the state prosecutor is empowered to decide whether or not to follow through with filing a case against you.

Call (760) 630-2000 and speak with jD Law Criminal Defense Attorneys.

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Frequently Asked Questions

What is considered domestic violence under California law?

Domestic violence includes physical harm, threats, stalking, or abuse committed against an intimate partner, spouse, former spouse, dating partner, cohabitant, or family member.

Can I be arrested for domestic violence without physical injury?

Yes. Law enforcement can make an arrest based on visible injuries, alleged threats, or testimony from the alleged victim. Even minor contact or verbal threats may result in charges.

What happens after a domestic violence arrest in San Diego?

You will probably be booked into custody, and the prosecution may file formal charges. The judges could issue a protective order that limits contact with the alleged victim, your children, or your residence.

Will my charges be dropped if the alleged victim does not want to press charges?

Not necessarily. Prosecutors may pursue charges independently. The decision to proceed rests with the District Attorney’s Office, not the individual.

What are the possible penalties for a domestic violence conviction?

Penalties can include jail time, probation, fines, mandatory batterer’s intervention programs, loss of firearm rights, and possible deportation for non-citizens.

Can domestic violence be charged as a felony?

Yes. Depending on the circumstances, including prior convictions, the severity of alleged injuries, or the use of weapons, prosecutors may file charges as felonies, which carry harsher sentences.

What defenses can be raised in domestic violence cases?

Possible defenses include false accusations, self-defense, lack of evidence, inconsistent witness statements, and violations of your constitutional rights during investigation or arrest.

Will a domestic violence conviction affect my custody rights?

Yes. A conviction can impact family law proceedings, including custody or visitation rights, as courts often consider domestic violence a factor when determining the best interests of a child.

Why should I hire a domestic violence lawyer immediately?

The prosecution begins building its case the moment you are arrested, so it is critical to secure representation right away. Your attorney can challenge protective orders, gather evidence, and protect your rights during questioning and court proceedings.

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Meet Our San Diego Domestic Violence Defense Attorney

James N. Dicks

License Number: 132990

James N. Dicks is the founder of jD Law Criminal Defense Attorneys Mr. Dicks has successfully defended thousands of clients in cases ranging from DUI and domestic violence to complex federal offenses. He has been consistently recognized for his skill and dedication. James N. Dicks is committed to providing strategic, aggressive, and personalized defense to every client.

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