Getting the Best Possible Outcome for a San Francisco Domestic Violence Charge

Getting the Best Possible Outcome for a San Francisco Domestic Violence Charge

Dealing with a domestic violence charge in San Francisco can be scary and overwhelming. As someone who’s been accused, you’re probably feeling anxious, angry, and confused. You may not know where to turn or what your options are. The good news is there are things you can do to get the best possible outcome for your situation.

First off, don’t panic. Take a deep breath. Although domestic violence charges need to be taken very seriously, they don’t necessarily mean your life is over. With the right legal help and strategy, many people are able to get charges reduced or dismissed. The key is being proactive and informed.

Understand the Charges

In California, domestic violence can include both felony and misdemeanor offenses. Some common charges include:

• Penal Code 273.5 – Willfully inflicting corporal injury on a spouse or cohabitant
• Penal Code 243(e) – Battery against a spouse, cohabitant, fiancé/fiancée, person of a previous dating relationship, mother/father of your child
• Penal Code 273a – Child endangerment
• Penal Code 368 – Elder abuse

The district attorney decides what you’ll be charged with based on the police report and evidence. Domestic violence charges can carry heavy penalties like jail time, probation, fines, mandatory counseling, and restraining orders. Felony charges are the most serious and can result in state prison time.

Get an Attorney

Trying to navigate the legal system alone when facing domestic violence charges is extremely unwise. These cases can get highly complex. An experienced domestic violence defense attorney will be your best ally. They can:

• Advise you on the best legal strategies
• Protect your rights and hold the prosecution accountable
• Negotiate with the district attorney for reduced charges or dismissal
• Defend you if the case goes to trial

When hiring a lawyer, find someone who specializes in domestic violence defense. They will understand all the nuances. Also, make sure to be completely open and honest with them so they can build the strongest case.

Consider Diversion Programs

For some first-time or lower-level domestic violence offenses, you may be eligible for a diversion program. These are structured rehabilitation programs that can lead to your charges being dismissed if completed. Common ones include:

• Deferred entry of judgment – Plead guilty upfront but prosecution is postponed as you complete classes, counseling, community service, etc. If successful, your plea is withdrawn.
• Integrated Domestic Violence Court – Intensive court-monitored treatment program for felony domestic violence charges. Graduates can earn reduced charges or dismissals.
• Behavioral Health Court – Supervised mental health and substance abuse treatment. Can lead to convictions being stricken after completion.

Diversion programs require admitting guilt and compliance with all conditions. They can help mitigate penalties but you give up certain rights. Consult with your attorney to see if one might be right for your situation.

Prepare a Strong Defense

If you intend to fight the charges and take your case to trial, your defense strategy will be critical. Possible defenses in domestic violence cases include:

• Self-defense – You acted in self-defense against violence initiated by the other person.
• False accusations – The alleged victim is fabricating or exaggerating claims out of anger, jealousy, or manipulation.
• Mistaken identity – You are being confused with someone else who committed the crime.
• Consent – Any physical harm was the result of consensual acts agreed upon by both parties.
• No visible injury – There is no evidence of harm or injury to the alleged victim.

Your attorney will determine if any of these defenses could apply based on the facts of your case. You’ll also want to provide them with any evidence that could contradict the charges, such as texts, emails, photos, receipts, etc.

Explore Plea Bargains

Over 90% of criminal cases end in plea bargains rather than trials. Your lawyer can negotiate with the DA to try to get charges reduced or dropped in exchange for a guilty plea. This avoids the risk and expenses of trial. Common plea bargains include:

• Pleading to a lower charge – Plead guilty to a less serious misdemeanor rather than felony.
• Probation and counseling – Plea guilty in return for probation and mandated counseling only.
• Deferred sentencing – Plea guilty but sentencing is postponed as you complete probation terms. Charges can then be reduced or dismissed.

Weigh the pros and cons of any offered plea deal carefully with your lawyer before accepting. Plea bargains can still carry life-long consequences.

Expect Court Mandates

If convicted of domestic violence, even with a plea bargain, expect the court to impose some mandatory requirements as part of your probation. These frequently include:

• Batterer intervention programs – Weekly group counseling classes to address violence issues.
• Alcohol counseling – Treatment if substance abuse contributed to the crime.
• Restraining order – Court order prohibiting contact with the victim.
• Surrendering weapons – Relinquishing any guns or firearms.
• Fines and fees – Monetary penalties.

While burdensome, completing all court mandates is essential for avoiding probation violations that could lead to jail time. They also demonstrate to the court you are committed to rehabilitation.

Consider the Consequences

Domestic violence convictions, even misdemeanors, carry life-long repercussions. Some examples beyond jail time are:

• Difficulty finding employment, especially in healthcare, education, law enforcement, etc.
• Barred from certain professional licenses
• Potential issues with Child Protective Services if you have children
• Deportation if not a U.S. citizen
• Inability to own firearms
• Impacts child custody and visitation rights
• Civil lawsuits by the victim

This is why specialized legal help is so important. An experienced attorney’s sole job is to get you the best resolution possible and mitigate long-term damage.

Take Responsibility and Seek Help

If you have issues with anger, violence, or substance abuse, be proactive about getting professional counseling and treatment, even before your court outcome. This shows the judge you take the charges seriously and are committed to personal change. It may also open up more diversion program options. Some resources in San Francisco include:

• Healthy San Francisco – Free and low-cost health services
• Adult Probation Department – Court-ordered counseling and batterer intervention
• Behavioral Health Services – Mental health and substance abuse treatment

Showing the court you are committed to real change can help you get the most lenient and rehabilitation-focused sentence possible.

Conclusion

Being arrested for domestic violence can be devastating. But with an experienced criminal defense lawyer guiding you, understanding your options, and being proactive, many people are able to achieve outcomes like reduced charges, diversion programs, or dismissals. Don’t wait to act. The sooner you engage professional legal help, the better your chances of the best possible resolution. There are ways forward, even from the darkest places.