One Phone Call Changes Everything When It Comes To Domestic Violence Defense In San Diego
Disagreements and heated arguments happen. Even couples in healthy relationships can get into a fight and make mistakes such as tossing a phone across the room or slamming doors. Unfortunately, San Diego police are often called to remedy domestic disputes while tempers are still flaring and thoughts of revenge are simmering.
It is not uncommon for accusers to change their statements or no longer wish to pursue charges once cooler heads have prevailed. Unfortunately, at that point, it is no longer up to the accuser; the prosecutor will be the one making decisions about whether to pursue misdemeanor domestic violence charges that can change your life forever. In some cases, these situations can spiral into charges of child endangerment, domestic abuse and even sexual abuse or child abuse. Be proactive and contact Premier Domestic Violence Law Group for help in San Diego County.
Tell Us Your Side Of The Story
Premier Domestic Violence Law Group is not here to judge. We know good people can find themselves on the wrong side of domestic violence allegations. We are here to listen to your side of the story and make sure that your interests are protected as we defend you against misdemeanor or felony domestic violence charges in San Diego. Your accuser, the police and others may not care about your side of the story. We do.
Former Prosecutor Looking Out For You
Our firm is led by Mark Deniz, a former senior domestic violence prosecutor in San Diego with a proven track record of resolving domestic violence offense cases as favorably as possible. He takes a dual-track approach of fighting for a dismissal while, at the same time, negotiating the best possible terms for a plea agreement. He is always preparing for the next move and knows what it takes to win no matter the circumstances.
Proven Results And Case Dismissals
The testimonials we have received from clients throughout San Diego speak strongly of our ability to deliver results for clients facing DV and related charges. This includes many cases where we are able to get the charges dismissed completely by taking timely and effective action.
California Domestic Violence Charges
Misdemeanor domestic violence in San Diego is charged in situations with accusations of battery against a spouse, live-in partner, roommate, the other parent of a defendant’s child, former spouse or partner, or someone with whom the defendant currently has or has had a relationship. Potential penalties include a fine of up to $2,000 and a county jail sentence of up to one year. Domestic violence charges are not typically brought for allegations of emotional abuse or verbal abuse, however.
Felony domestic violence charges can be brought in situations with evidence of “corporal injury” resulting in a “traumatic condition.” The criminal consequences include a prison sentence of up to four years in length.
What Constitutes Domestic Violence In San Diego?
Domestic violence falls under California Penal Code Section 1203.097 PC. The law applies to criminal offenses where the underlying victim is a person listed in California Family Code Section 6211 FC.
Once a San Diego prosecutor can establish the persons fit within the domestic violence statute, they can charge virtually all types of charges that would fit within a domestic violence case, such as criminal threats (PC 422), PC dissuading a witness (PC 136), Assault with a deadly weapon (PC 245), and all other penal codes.
The two main charges that are levied on a person are California Penal Code Section 243(e) or Section 273.5, depending upon the exact circumstances involved in any given case.
Penal Code 243(3) is a misdemeanor offense, and it takes very little for charges to be brought under this section of the law. Something as simple as a light shove in the middle of a heated argument is enough to do it, even if there is no serious physical injury. A charge under Penal Code Section 273.5, however, can be either a misdemeanor or a felony, and it requires the “willful and intentional” injury of a spouse, romantic partner or co-parent.
What Are The Penalties For A Domestic Violence Conviction In San Diego?
For misdemeanor battery offenses charged under California Penal Code Section 243(e), a conviction can result in a fine of up to $2,000 and six months in prison. Penalties can be increased if the alleged victim is a first responder, peace officer, custodial officer or falls into certain other protected classes.
For offenses charged under California Penal Code Section 237.5, the penalties vary depending on the situation. Upon conviction, punishment can range between a year in county jail and up to four years in state prison, plus a fine of up to $10,000. Subsequent offenses come with mandatory time behind bars.
It’s also important to keep in mind that a conviction for felony domestic violence can fall under California’s Three-Strikes Law. That makes it increasingly important to fight these kinds of charges with all the legal power at your disposal since a conviction today could drastically increase your risk of felony charges, which includes serious prison time in the future if you are ever charged with another crime in San Diego.
Can My Domestic Violence Charges Be Dismissed Or Reduced?
In many cases, domestic violence charges are an overreaction on the part of responding officers who arrive while tempers are still flaring. But this can lead to false allegations and false accusations of physical abuse. Once an arrest is made, however, the legal mechanisms start rolling – and it can be hard to get them to stop.
See how we implement this strategy for our domestic violence clients in the greater San Diego area.
Early intervention by a former domestic violence prosecutor and experienced domestic violence attorney can often result in dismissed or reduced charges. When you work with our attorneys, we immediately begin looking at ways to humanize you to the prosecutor and mitigate the charges and reduce the chance of jail time. In some cases, enrollment in an anger management program or a substance abuse program can show the prosecutor that your actions in the moment that led to charges was an aberration, not the norm – and you are determined to avoid a repeat occurrence.
How Can A Former San Diego Domestic Violence Prosecutor Help With My Criminal Defense Case?
Attorney Mark Deniz was a senior domestic violence prosecutor for nearly a decade, which means that he has a unique familiarity with the specialized processes and courts used in domestic violence cases.
He also has good working relationships with many of the professionals involved in these cases, which makes it easier for him to approach them in negotiations. In addition, his “insider” perspective allows him to provide clients with a no-nonsense take on what can be done to minimize the fallout of these charges on their lives.
I Was Falsely Accused Of Domestic Violence In San Diego? What Should I Do?
The most important thing to do is not to panic or react emotionally. Pay close attention to the terms of your restraining order and do nothing that could put you in violation of that order – since that could result in additional criminal charges that will stick with you even if the original charges are eventually dismissed. Second, talk to an experienced domestic violence attorney like those at San Diego’s Premier Domestic Violence Law Group. If left unaddressed, charges involving domestic violence offenses can strip you of your legal rights. We can help you document everything that happened, build a mitigation packet that illustrates your good character and start building your legal defense.
Act Fast To Protect Your Rights, Your Reputation And Your Future
Criminal charges can often be prevented or dismissed based on early intervention and proactive measures taken by an attorney. We will start creating a “mitigation packet” immediately, presenting you in the most positive light possible and letting the prosecution get to know the real you rather than the caricature presented in the police report.
Other mitigation actions include prompt enrollment in substance abuse or anger management programs in order to demonstrate how serious you are about rectifying any underlying issues. Our San Diego domestic violence attorneys know how to advocate effectively the accused at all stages of the domestic violence legal process.
The time to act is now if you have been arrested or are under investigation for domestic violence or are facing a domestic violence conviction. Call 619-752-3702 now for a free consultation with a proven domestic violence defense lawyer in San Diego County.
