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Hiring a domestic violence lawyer in San Diego

March 21, 2024 Uncategorized

 

Hiring a Domestic Violence Lawyer in San Diego

So you’re looking for a domestic violence lawyer in San Diego? I feel you. Let’s talk.

Domestic violence charges are super serious–the DA don’t play around. But there’s hope. A good lawyer can help get charges reduced or even dismissed.

This article will give you the DL on domestic violence laws in SD, penalties you may face, and tips for finding the right lawyer. I’ll try to keep it real–no fancy legal mumbo jumbo. Just useful info from someone whose been there.

What is Domestic Violence in California?

First, what qualifies as domestic violence in Cali? It covers a lot of ground:

  • Physical abuse – hitting, shoving, grabbing, etc.
  • Sexual abuse – rape, unwanted touching, etc.
  • Emotional abuse – threats, intimidation, isolation
  • Financial abuse – controlling money
  • Stalking
  • Violating a restraining order

The victim must be an intimate partner, spouse, co-parent, or family member. Roomies and dating partners count too.

Some common charges:

  • Penal Code 273.5 – Willfully inflicting bodily injury on a spouse, cohabitant, etc. This is the main domestic violence charge.
  • Penal Code 243(e) – Battery against a spouse, cohabitant, etc.
  • Penal Code 646.9 – Stalking.
  • Penal Code 166 – Violating a restraining order.

There may be other charges too depending on the situation – child endangerment, false imprisonment, etc.

Penalties for Domestic Violence Convictions

Here’s what you’re looking at if convicted:

Misdemeanors

  • Up to 1 year in county jail
  • Up to $6,000 fine
  • Probation
  • Batterer’s intervention program
  • Restraining order

Felonies

  • 16 months – 4 years in state prison
  • Up to $6,000 fine
  • Probation
  • Batterer’s intervention program
  • Restraining order

Domestic violence charges can be filed as misdemeanors or felonies. It depends on the circumstances of the case and your criminal record.

These convictions stay on your record permanently. They can affect jobs, housing, custody rights, and immigration status.

Finding the Right Lawyer

With so much on the line, getting a good lawyer is crucial. Here’s how to find one:

Experience Matters

Look for an attorney with plenty of experience handling domestic violence cases in San Diego. They’ll know all the prosecutors and judges and have relationships that help get good results.

Specialization Helps

Find someone board certified in criminal law by the California Bar. This shows they have deep expertise in criminal defense. Not all lawyers have this certification.

Personality Counts

Make sure your personalities click. You’ll be working closely so trust and communication are key.

Resources Rule

Bigger law firms have more resources to dedicate to your case – investigators, legal research, expert witnesses, etc. This stuff costs money but can win cases.

Reviews Reveal

Online reviews can give insight into a lawyer’s skills and track record. Take them with a grain of salt but patterns often emerge.

Free Consultations

Most lawyers offer free case evaluations. This lets you get professional advice and weigh options before hiring.

Payment Plans

Many lawyers work on payment plans if the fee is beyond your means. Don’t let finances stop you from getting help.

What a Lawyer Can Do

Once you’ve got representation, here’s how a lawyer can help:

  • Review police reports and evidence for illegal conduct, mistakes, or credibility issues.
  • Interview witnesses to poke holes in the prosecution’s case.
  • Hire investigators and experts to analyze evidence and testify.
  • Negotiate with the DA to get charges reduced or dismissed pre-trial.
  • File motions to suppress illegally obtained evidence.
  • Advise you on whether to take a plea deal or go to trial.
  • Present evidence and cross-examine witnesses at trial.
  • Craft persuasive legal arguments to win motions and at trial.
  • Guide you through the legal process and protect your rights.

A skilled lawyer knows how to fight these cases and get charges dropped or reduced. Don’t go it alone.

Bottom Line

Domestic violence charges can ruin your life if convicted. But an experienced criminal defense lawyer can help beat the charges or minimize the penalties.

Do your research to find the best attorney for your case in San Diego. Look for someone experienced, highly reviewed, and affordable.

With the right legal defense, you can move forward and put this behind you. Best of luck–you got this!

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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