Domestic violence in San Diego is something that happens and that is never expected. The majority of the cases we see are innocent people that made small mistakes. However, often times we get cases where there was no physical violence whatsoever and the police still arrest our clients and take them to jail. These are the types of cases that we love to fight for and these are the types of cases that built our firm and our reputation.
There are two main types of felony domestic violence that can be charged in San Diego. The first is California Penal Code 273.5 and the other is California Penal Code 243. It is very common for people to be charged with both counts. The reason for this is that generally the district attorney will offer to dismiss one of the counts in exchange for a plea.
PC 273.5 Corporal Injury to a Spouse
This penal code is the most commonly charged in California for felony domestic violence. It is one that is basically a battery but saying that there was some kind of a visible injury. The term “corporal injury” in the law just means a visible injury that resulted in a traumatic condition. There is a problem that is currently occurring in San Diego with this charge. That is officers will commonly arrest and book someone into jail where no visible injury exists. They book them into jail on a felony and the individual has to pay felony bail but then the case is never filed as a felony. That is common in San Diego and we hope that it will soon be corrected.
PC 243(e) – Battery on a spouse
This penal code can be charged as a misdemeanor or a felony depending on how serious the conduct is. It is a charge that is considered a “wobbler” which means that it is up to the discretion of the prosecutor to decide how to file the case. All this count requires to prove is that there was harmful or offensive touching to another and that the other person who was touched was your spouse. This charge is often charged in conjunction with the above offense.
What should I do if I am arrested for Domestic Violence in San Diego?
If you are arrested for felony domestic violence in San Diego you should follow these quick and simple tips:
- Do not talk to law enforcement. Giving them “your side of the story” is never a good idea. All they are going to do is twist what you say and use it in the prosecution against you.
- Take pictures of any injuries that you have. After you bail out you should take pictures of any injuries that you have that may have resulted from the confrontation.
- Call a lawyer immediately. Domestic violence cases are some of the only cases in the law where an attorney can literally start working from day one. They are cases that can be resolved out of court before the process even starts. Don’t let the prosecutor get the upper hand and make sure you have representation throughout the process.
What can help my domestic violence case?
This is a question we get asked all the time. The answer is first hiring a lawyer. After that, getting a package to your lawyer about yourself. In domestic violence cases it is important to show the prosecutor what kind of a person you are. For us this often includes getting a resume, a pay stub, character letters from other people and some other important items as well. These are the types of things that can get you the advantage which will get you best possible result in your case.
If the victim doesn’t show up do I win my case?
This is a common myth that we want to address as much as we can. The short answer is no. The long answer is also no, but we have an explanation. When someone gives a statement to the police, for example the 911 call, that statement can be admitted at trial. That means that if the victim does not show up to the trial then the jury is going to hear the 911 call without any other explanation. The prosecutors are not afraid to move forward without the victim there. So even if the victim is willing to cooperate in the case, that does not mean that the case will be dismissed.
Experienced Felony Domestic Violence Lawyers
At San Diego Domestic Violence Lawyers, we are here to help. We have experienced attorneys that have dealt with these types of cases and have an amazing track record getting the results that our clients deserve. You never want to limit yourself when your life is on the line and there is no reason why you should not have someone fighting for you. If you have been arrested or charged with domestic violence, feel free to give us a call for a free consultation.