San Diego Domestic Violence Attorney
Facing domestic violence allegations can be an overwhelming and frightening experience. A conviction can carry severe, life-altering consequences, including jail time, heavy fines, and a permanent criminal record. If you or a loved one has been arrested, securing representation from an experienced San Diego domestic violence attorney is the most critical step you can take to protect your future.
Understanding California Domestic Violence Laws
California’s domestic violence laws are strictly enforced and designed to prevent violence between intimate partners, spouses, and close family members. Depending on the specifics of the alleged offense, prosecutors typically charge defendants under one of two primary statutes in the California Penal Code:
1. Domestic Battery (California Penal Code Section 243(e)(1))
Under CPC § 243(e)(1), a defendant can be charged with domestic battery if they inflict force or violence on an intimate partner.
The Threshold: The terms “force” and “violence” are interpreted broadly. A defendant does not need to cause a visible injury—or even make direct physical contact—to be charged.
The Penalties: Domestic battery is typically charged as a misdemeanor offense. A conviction carries a maximum penalty of up to one year in county jail and a $2,000 fine.
2. Corporal Injury to a Spouse or Inhabitant (California Penal Code Section 273.5(a))
Under CPC § 273.5(a), a defendant who inflicts a “corporal injury” resulting in a traumatic condition on a close family member or intimate partner faces much harsher penalties.
The Threshold: This statute covers any unlawful act that causes a visible injury, internal injury, or illness to the other party, no matter how minor.
The Penalties: A conviction under Section 273.5(a) is a “wobbler,” meaning it can be prosecuted as a felony. It carries a severe penalty of up to four years in California state prison.
What to Do If You Are Accused of Domestic Violence in San Diego
If you have been arrested for or accused of spousal abuse in San Diego, the actions you take immediately following the accusation will heavily impact your case. To protect your legal rights and avoid making the situation worse, be sure to take the following three steps:
1. Maintain Strict Distance from Your Accuser
Even if you are facing completely false charges, your natural instinct may be to contact the accuser to clear the air or defend yourself. Do not do this.
In almost all domestic violence arrests, an emergency protective order (EPO) or restraining order is issued. Violating a protective order is a separate criminal offense that will severely damage your defense, regardless of the validity of the initial accusation.
2. Preserve and Secure Exonerating Evidence
Begin gathering any evidence that could support your innocence or show the context of the argument. Do not delete anything. Ensure you preserve:
Text messages, emails, and direct messages on social media
Voicemails or audio recordings
Photos or videos of the incident or any injuries you sustained
GPS data or receipts that establish your timeline
3. Consult an Experienced San Diego Domestic Violence Defense Lawyer
Domestic violence charges are aggressively pursued by prosecutors. Do not attempt to navigate the legal system alone or speak to law enforcement without counsel. Exercise your constitutional right to remain silent and contact a skilled San Diego domestic violence defense lawyer immediately.
Schedule a Confidential Consultation Today
Domestic violence charges are aggressively pursued by prosecutors. Do not attempt to navigate the legal system alone or speak to law enforcement without counsel. Exercise your constitutional right to remain silent and contact a skilled San Diego domestic violence defense lawyer immediately.
Are you accused of Domestic Violence in California?
Domestic violence is a serious criminal offense in California. A conviction could damage your future and even cost you your freedom.
Domestic violence cases are often complicated, sensitive, and emotional. During such a difficult time, defendants need supportive legal representation.
At the Law Offices of William R. Burgener, APC, we will provide effective legal representation to our clients. We will fight to protect your rights and to get you the best results.
San Diego’s Trusted Criminal Defense Attorney
Attorney William R. Burgener is a certified Criminal Law Specialist, authorized and recognized by the State Bar of California. With over 44 years of experience as a Criminal Justice Act (CJA) attorney on the San Diego panel, he has an in-depth understanding of the court system, having represented clients in all San Diego County courts both state and federal, including Downtown, South Bay, Vista, and El Cajon. He is able to represent statewide and nationally.
With more than 35 years of experience in handling federal and state felonies and misdemeanors, Attorney Burgener has successfully managed thousands of cases, frequently securing favorable resolutions. His extensive trial experience includes over 100 federal and state jury trials, as well as numerous successful motions and expungements.
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