Fighting Charges With a
Vista Domestic Violence Attorney
Domestic violence is a serious crime to the point where even a false allegation can get you arrested. That’s because in order to ensure all victims are protected, the police generally assume the “victim” is telling the truth and take action against the “abuser.” They do this by nearly always arresting the person they believe to be the aggressor, even against the wishes of the alleged victim. This is why anyone who has been accused of domestic violence should always contact an experienced Vista domestic violence lawyer as soon as possible.
I am Vista domestic violence attorney Peter M. Liss, and I can help you. I have personally defended hundreds of individuals after they were arrested and charged with spousal abuse. When you call me, I can guarantee you will receive a free consultation, and top representation for a reasonable fee.
About California’s Domestic Violence Law
Domestic abuse occurs when one person harms someone they are involved in a romantic or sexual relationship with. It is important to recognize that while the law protects those living together in a romantic context, even if they have not had sexual intercourse, roommates are not protected by the law. Additionally, the romantic or sexual involvement must be genuine and not involve financial gain, so prostitutes are not protected by the law. In other words, for someone to be the victim of domestic abuse in California, they must have suffered from the use of violence, or threats of violence, by:
- A spouse (either husband or wife)
- A person they were cohabiting (living) with
- A person who is the other parent of their child
- A person they were romantically or sexually intimate with
- A former spouse, cohabitant, or other person they were formerly intimate with
While many people envision domestic violence as something a man does to a woman, it can also occur in same-sex relationships and in male/female relationships, the woman can also be the abuser and the man can be the victim.
Charges Filed in San Diego Domestic Violence Cases
Offenses in the “domestic violence” category include corporal injury to a spouse or inhabitant (California Penal Code section 273.5) and domestic battery (California Penal Code section243(e)(1)), making criminal threats, stalking, aggravated trespassing, threatening phone calls, harassment, damaging a phone line, violating restraining orders and domestic violence vandalism. This is a very serious crime that can affect children and couples in any type of intimate relationship. If children are present during the attack, child endangerment charges can be brought up even if they were not touched during the incident.
Once you are arrested, you should not try to reason with or confront a victim or witness because this may lead to more charges, such as witness or victim intimidation, particularly if a restraining order is already in place. You should instead get in touch with a skilled Vista domestic violence defense attorneys as soon as possible.
The two most commonly filed domestic violence charges in San Diego County are corporal injury to a spouse or inhabitant and domestic battery. Corporal injury to a spouse or inhabitant can be a misdemeanor or felony and occurs when someone injures their intimate partner, even if the injury is only minor. Just throwing an object at someone or restraining them in a way that causes injury can qualify. As a top Vista spousal abuse attorney, I can often convince the prosecutor to file these charges as a misdemeanor, rather than a felony, punishable up to four years in prison as opposed to the maximum one year jail sentence a misdemeanor carries.
Domestic battery charges are always misdemeanors and are thus less serious than corporal injury charges. Domestic battery occurs when someone uses force or violence against their partner. This charge may also be filed if someone was emotionally abusive and threatened to act in a violent manner. The victim does not need to be injured for domestic battery charges to be filed.
In most of these cases, you will likely be forced to take part in mandatory counseling, community service and may be issued a domestic violence restraining order to stay away from the victim. You will also permanently lose your right to bear arms and a conviction will also affect your right to serve in the U.S . Military or as a police officer.
How A Vista Domestic Violence Lawyer Can Help You
When police make a domestic violence well check, they almost always make an arrest. When both parties seem at fault, the police will generally arrest one person who they believe to be responsible for more of the violence.
When someone is arrested for domestic violence charges, the District Attorney often files charges despite the fact that the victim says they do not want to press charges and sometimes even if the victim recants their statement. There does not need to be other witnesses or other evidence beyond what police officers recorded in their report during the time of arrest. Additionally, there do not need to be any substantial injuries, or even any injuries at all.
That is why you need to hire a Vista domestic violence defense attorney as soon as you have been arrested, even if you believe your partner would never press charges against you. Since the D.A. does reject some San Diego domestic violence cases, you want your side presented as soon as possible before the D.A. makes a filing decision in your case. This is just one way I can help you fight the charges whether you and your partner are reconciling or in the middle of a messy breakup.
This means that even if you and your spouse or other type of partner have reconciled, the case will likely go forward, and you will need a skilled Vista domestic violence defense lawyer to help you. Even if the allegations are false, you may still be charged and forced to defend yourself in court. An attorney experienced with complex domestic battery cases is essential to obtain the best result based on both the facts and law.
The sooner you hire me as your domestic violence defense attorney, the sooner I can begin working on your behalf to have the charges dropped, reduced or to fight the charges in court or arrange for a plea bargain to minimize your sentence. In some cases, I may contact the District Attorney long before your first court date is scheduled in order to provide statements or other evidence on your behalf to show the charges should be reduced or dropped.
You Can Fight and Win Against These Charges
While many people wonder whether it is really worth trying to fight domestic violence charges, I can assure you that this is one investment that is absolutely worth it. These criminal charges mostly rely on the testimony of the police, the testimony of the victim and medical records (if either party received treatment). Your attorney in San Diego can show that (in most cases) the police only witnessed the aftermath of the fight and did not see what happened firsthand.
In many cases, each party involved will have drastically different stories and your story may be just as credible, if not more so, than the alleged victim. And while medical records can back up a victim’s claim that they were injured, they can also often backup the defendant’s claim that they were acting in self defense, which can serve as a total criminal defense to these charges in some cases.
There are many different defenses to these charges and it is up to you and your Vista domestic violence defense lawyer to determine the right course of action for your case based on the specific facts and laws involved in your situation. Some of the most common defenses include:
- Lack of evidence
- False accusations
- Self defense
- Mental incapacity
It’s important to remember that not all defenses apply to all situations and attempting to use the wrong defense could hurt your domestic violence case more than help. This is why it is important to remain silent until you have obtained legal advice from your defense attorney.
I Can Help You if You Have Been Arrested
As a top Vista domestic violence attorney, I can help you no matter what the unique details of your case. This can include advising you to avoid acting in ways that may result in additional charges or add to the evidence against you. Additionally, I can help negotiate for reduced bail or even no bail; interview witnesses and police on your behalf; evaluate and help you decide on the best possible defense for your situation; collect evidence supporting your defense; make court motions on your behalf; seek reduction of charges against you; negotiate a strong plea bargain on your behalf or represent you in trial; and seek out the lowest possible sentence or alternative sentencing options such as probation or anger management classes.
My law firm office is located just across the street from the North County San Diego jail and courthouse and offers 24 hour answering services, guaranteeing someone will always answer your call and I will respond promptly to your questions and concerns. I have over 35 years experience helping fight corporal injury, domestic battery and related charges and I can help you as well. I understand the delicate nature of these cases, which often involve couples and families who wish to stay together. I personally handle all cases from start to finish, offer top-rated services at affordable rates and accept all major credit cards. If you have been arrested after an altercation with your spouse or romantic partner, please call my offices at (760) 643-4050 to schedule a free initial consultation at my office.
To learn more about how I can help you with family concerns, please go to the Domestic Violence Family Concerns page of this website. If you still have any questions about these charges, please see this FAQ section.
How to Contact Attorney Peter Liss
For skilled, IMMEDIATE help with your concerns after a domestic violence arrest, call Vista domestic violence lawyer Peter M. Liss:
Call 24/7 – any time, any day. I can help you.
For more information on domestic violence, please see: