Unfortunately, domestic violence is a serious problem in Southern California and other cities in the United States. Thus, a charge of domestic violence is not something that should be taken lightly. A conviction can have serious and wide-ranging consequences for various aspects of your life. However, the facts are often less straightforward than they initially seem, and not every arrest or charge is warranted. Many people charged with domestic violence are able to avoid a conviction or at least minimize the consequences with the assistance of a criminal defense lawyer. If you have been charged with domestic violence, you should reach out to San Diego domestic violence lawyer Roseline D. Feral without delay. She can thoroughly review the circumstances of your case and help you assert any defenses or mitigating factors that may apply.Fighting Charges of Domestic Violence
Domestic violence cases tend to be complicated due to the emotional nature of the relationship between the victim and the accused. The California law on domestic abuse defines it as physically hurting or trying to hurt someone, committing a sexual assault, or making someone reasonably fearful that they or someone else are about to be seriously hurt. Behavior that may constitute domestic violence includes harassment, stalking, threatening or hitting someone, throwing objects at them, engaging in psychological or emotional abuse, or destroying property.
There is not one specific domestic violence law in California. The crime with which a person will be charged depends on the defendant’s actions in that particular situation. Some examples of domestic violence charges include the infliction of a bodily injury on a spouse or cohabitant, domestic battery, and child abuse.
California Family Code Section 6211 codifies the categories of people who are protected under the state’s domestic violence statutes. A domestic violence attorney can explain to San Diego residents how the statutes may apply to their specific case. You may be charged with domestic violence if you are accused of abusing one or more of the following parties:
- A current or former spouse;
- A domestic partner;
- Someone who currently lives or who previously lived with you;
- Someone whom you are dating or used to date;
- Someone who has a child with you;
- Your child; or
- Someone related to you by blood or marriage.
Domestic violence may be charged as either a misdemeanor or a felony offense. Some important factors that the prosecutor and the court will consider in charging and punishing a defendant are the seriousness of the victim’s injuries, if any, and the defendant’s criminal record. If they are convicted of a domestic violence offense, the defendant may face prison time and be required to attend a 52-week (one-year) domestic batterers class. It is important to note that domestic violence convictions are considered crimes of moral turpitude, which means that if you are not a U.S. citizen, you may face the possibility of deportation and removal proceedings in the immigration process if you are convicted.
While domestic violence allegations should never be taken lightly, the sad reality is that many people make false claims to exact revenge or gain an upper hand in child custody proceedings. There may be other defenses that arise in a particular case as well. The act giving rise to the charge may have been accidental rather than intentional, or the accused individual may have been acting in self-defense or in defense of someone else, such as their child.Contact a Domestic Violence Lawyer in San Diego When Facing a Charge
A criminal conviction for domestic violence is something that you want to avoid if at all possible. If you are facing a domestic violence charge, you need to hire a skilled attorney who can help you protect your rights. With nearly 30 years of experience, assault defense lawyer Roseline D. Feral can investigate the facts of your case and build a defense strategy accordingly. Domestic violence charges can be difficult to defend, and having the right attorney on your side can make a major difference in your case. We assist people in Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista, among other cities. To discuss your case in more detail with a San Diego domestic violence attorney, contact us online or call us at 619-232-1010, or you can call Attorney Feral directly at 619-301-1191.