Domestic Violence Crimes

San Diego Domestic Violence Attorney

Domestic Violence crimes can include a variety of serious charges. These types of cases involve allegations of abuse or threats of abuse against family members or domestic partners. Clients facing these types of charges, if convicted, can be fined, sentenced to jail time and in felony cases, be sent to prison. Some clients may face immigration issues as a result of a conviction.

Contacting an experienced San Diego domestic violence attorney about your case is a very good idea. A good lawyer with good facts may be able to prevent prosecution, but more often than not, prosecutors pursue a domestic violence conviction. As a result, many otherwise good people end up with a career-damaging criminal record after a family dispute. A felony domestic violence conviction can destroy a career, especially those employed as police officers, security guards, or in the military. Your attorney’s top priority must be to protect your career. There are many reasons why someone may find themselves facing a domestic violence case and in our experience they should have a lawyer to help them through this process.

San Diego domestic violence attorney, Stephen G. Cline, has handled many domestic violence cases over the last 20 years. Successfully getting charges dropped or reduced for many clients.

Misdemeanor or felony domestic violence cases are serious and you need a serious attorney working for you.  Give Stephen Cline a call today at (619) 235-5638 to discuss your case with no cost or obligation.

Types of Domestic Violence Crimes

The attorneys at the Law Offices of Stephen G. Cline have handled all kinds of domestic violence cases in San Diego, including:

  1. Domestic Violence – Misdemeanor (PC 273.5)

Misdemeanor domestic violence charges result when a client is accused of striking or hitting their intimate partner in a violent way and causing some sort of visible injury. Even a red mark or bruise counts as a visible injury. The California domestic violence law can be charged if the alleged victim is a current or former spouse or cohabitant or the parent of your child. Law enforcement, in a concerted effort to break the cycle of violence among families, is taking a hardline approach to the prosecution of domestic violence cases. Even the slightest injury to a spouse or partner can be charged. Prosecutors no longer offer diversion or pre-charge probation to help the accused keep their record clean.

  1. Domestic Violence – Felony (PC 273.5)

Similar to above but more serious. Felony domestic violence cases most likely involve significant injuries, a serious battle, or a history of fighting and violence among spouses or partners. Domestic violence felonies can result in considerable time in custody, especially if there is a history of violence or significant injuries.

  1. Elder Abuse (PC 368)

Elder abuse crimes usually involve fraud (i.e. misuse of checks, credit cards, or bank accounts) or the physical abuse of a family member relative. makes it a crime to inflict physical abuse, emotional abuse, neglect, endangerment or financial fraud on a victim 65 years of age or older. The crime is usually charged against caregivers, but can also be charged against anyone who commits these sorts of offenses against a senior citizen victim.

  1. Child Endangerment (PC273a)

Any of these crimes listed under domestic violence in San Diego can also be charged with Child Endangerment if a minor child was present during the domestic violence behavior.  Child endangerment can also be charged against the other parent if the prosecutor believes they did nothing to protect their child from a dangerous situation.

  1. Restraining Orders (Stay Away Order and No Negative Contact Orders)

Restraining orders come in various forms: some are related to claims of domestic violence and bar a person from any contact with the protected party; others involve court orders specifically barring certain conduct like entering a particular location.

Many people mistakenly believe that when the protected party consents to contact, there is no violation of law. This is, in fact, not true. Instead, even consensual contact or contact initiated by the protected party violates the court order and can result in arrest and prosecution.

  1. Battery (PC 243(e)(1))

Battery is similar to domestic violence charges, however, no visible injury is required.  This includes pushing or shoving.  As with domestic violence, the victim can be a current spouse or domestic partner, former spouse or domestic partner or mother/father of your child.

  1. Criminal Threats (PC 422)

Criminal threats charges in San Diego can be complicated and confusing.  You can be charged with making criminal threats even if you “didn’t mean it”.  Criminal threats involves making statements to another person that cause that person to feel fear or sustained fear.  If the statements are serious enough or particularly violent, the can be charged as felony criminal threats and carry a strike according to California’s Three Strike Laws.

  1. Attempting to Dissuade a Witness (Vehicle Code 14601)

makes it illegal to prevent (or attempt to prevent) any witnesses or victims of a crime from reporting the crime or testifying about the crime..

Facing these Charges Calls for a Domestic Violence Attorney

You will experience many challenges with job applications, rental applications, professional licensing, higher education and even credit with a conviction for any of the above listed domestic violence charges.  You have every reason to do everything you can to fight the charges for a dismissal or reduction if you have been charged with a domestic violence crime in San Diego. And doing everything you can includes hiring a domestic violence attorney.

Criminal statues in California are more complex than defined above here.  The charges and possible penalties are factored on several items including injury, repeat offense, violations of restraining orders, children present, weapons involved, and realism of the threat.  Our experienced domestic violence attorneys know how to make these arguments.

In the last 20 years, Stephen Cline has represented hundreds of clients facing these types of cases and successfully resolved their charges.  You need experience like this working for you.

Defenses of Domestic Violence Crimes

Several points must be proven beyond a reasonable doubt by the District Attorney or City Attorney for a conviction on a domestic violence crime.  For example, in a Criminal Threats case, they must prove:

  1. That person is thereby placed in a state of reasonably sustained fear for his/her safety or for the safety of his/her immediate family,
  2. The threat is specific and unequivocal and
  3. You communicate the threat verbally, in writing, or via an electronically transmitted device.

There are a variety of ways an experienced domestic violence crimes attorney can defend you in a Criminal Threats case. For example, if the threat was made non-verbally (body language), or the person threatened did not actually feel fear or take the threat seriously, or if the alleged threat was vague and ambiguous our experienced domestic violence crimes attorneys can use these to craft defense arguments on your case.

We make serious efforts to get to know the details of every client’s case because defense is case specific. The client’s Stephen Cline represents are provided the best defense possible so you know at the end of you matter that the best possible outcome was achieved.

Contact Stephen Cline

You will be faced with very serious consequences if you are convicted of a domestic violence crime in San Diego. The Law Offices of Stephen G. Cline has the defense you need to protect your freedom and future. Your first call should be to Stephen Cline if you are serious about hiring a private domestic violence crimes attorney.

Your case is going to move quickly and so should you. Our FREE consultations are without obligation.