Domestic Violence

If you are charged with domestic violence as a felony, it probably means that your case involves significant injuries, a serious battle, or a history of fighting and violence towards your spouse or other lovers. The system is fairly decent about separating those cases that should start out as felonies and those that should start out as misdemeanors. Domestic violence felonies can result in significant time in custody, especially if there is a history of violence or if there was a significant beating.

If the facts are bad and show a beating, your attorney needs to assist you to get the right help and attitude necessary to get lenience from the courts. If you show great remorse and a willingness to get treatment, you stand a much better chance for mercy. In many of these cases the facts are ugly, and you will need a good lawyer to fashion the right strategy to obtain a good plea bargain. If you are innocent, you will need a good violent crime lawyer to prove the same type of issues that are found in other violent crime cases. Sometimes even less serious domestic violence cases start out as felonies.

Unfortunately for the accused, domestic violence or “DV” cases are the focus of much attention. Law enforcement, in a concerted effort to break the cycle of violence among families, is taking a hard line approach to the prosecution of these cases. Under Penal Code Section 273.5 even the slightest injury can be a felony. Forget a second chance. If the police are called and your spouse or significant other says you touched her roughly, you will be jailed and prosecuted. There is no more diversion or pre-charging probation to keep your record clean.

Sometimes a good lawyer with good facts can prevent prosecution, but the order of the day is to prosecute. This means that many good people end up with some sort of record after a family dispute. Unfortunately, the problems with having a criminal record hurt the careers and lives of these good people. One of the most important jobs of your defense lawyer is to assess and protect your career. If you have a job, such as police, security guard, or military, that requires you to carry a weapon, a conviction can destroy your career. Imagine if you have spent twenty years in the military to be thrown out because domestic violence firearm laws prevent you from possessing a firearm. Other consequences on the less serious cases involve anger management counseling, public work service, and a fifty-two week domestic violence program with once a week classes. Other consequences on the less serious cases involve anger management counselling, public work service, and a fifty-two week domestic violence program. Due to the current state of domestic violence law, there really is no such thing as a minor offense. No matter how minor, these types of cases can be time consuming and involve numerous court appearances, aggressive and prolonged negotiations and emotional trials with severe and permanent consequences.

Attorney Stephen G. Cline has been practicing criminal defense for nearly 20 years. His reputation and experience will be the key to the aggressive defense of your Domestic Violence case. Call today at (619) 235-5638 to discuss your specific case!

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