San Diego Criminal Defense Lawyer
Domestic Violence
California Law: Domestic Law States California’s domestic violence laws are designed to prevent violence between close family members and partners. Several sections of the state’s penal code could be implicated, depending on the alleged offense. You should know the following two key domestic violence statutes:
- Domestic Battery: Under California Penal Code Section 243(e)(1), a defendant can be charged with domestic battery if they inflict force or violence on an intimate partner. The terms ‘force’ and ‘violence’ are used broadly under this state statute. A defendant does not need to cause a visible injury to their partner to be charged with domestic battery in California. A person could face domestic battery charges even if there was no physical contact. Domestic battery is a misdemeanor offense. It is punishable by a $2,000 financial penalty and up to one year in jail.
- Corporal Injury to a Spouse or Inhabitant: Under California Penal Code Section 273.5(a), a defendant who inflicts a ‘corporal injury’ on a close family member or intimate partner may be charged with a felony offense. Many different types of injuries are covered by this statute. Any unlawful acts that cause a visible injury or pain to the other party could be covered by this domestic violence law. A conviction for domestic violence under Section 273.5(a) carries up to four years in prison.
What to do if you are accused of Domestic Violence in Cali?
If you were arrested for or accused of spousal abuse or domestic violence in San Diego, you need to know how to protect your legal rights. In far too many cases, defendants end up making things even worse for themselves.
If you are facing domestic violence charges, be sure to do the following three things:
1. Stay Away from Accuser
If you are facing false charges, it is understandable to want to say something to defend yourself. However, this is a huge error. If you were charged or even accused, you will have already been served with an emergency protective order. Violating this order will create very serious problems for you.
2. Secure Exonerating Evidence
You should secure exonerating evidence. For example, if you have texts or social media messages that prove your innocence, make sure that you secure this information. Exonerating evidence will help you build your legal defense.
3. Call a San Diego Defense Attorney
Domestic violence is a serious crime. You should not go up against prosecutors on your own or with an inexperienced attorney. Exercise your right to remain silent and be sure to consult with an experienced San Diego domestic violence lawyer right away. Your lawyer will answer your questions and give you legal advice.