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 like myself as soon as possible.

Who is Protected by Domestic Violence Law

Domestic abuse occurs when one person harms someone they are involved in a romantic or sexual relationship with. This can be a current or former spouse, fiancé, sexual partner or co-parent of a child. 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.

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 Domestic Violence Cases

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. 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 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.

The two most commonly filed domestic violence charges 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 partner, even if the injury is only minor. Even throwing an object at someone or restraining them in a way that causes injury can qualify. As a top Vista domestic violence 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.

If you hire me as your Vista domestic violence lawyer, I may be able to arrange for corporal injury charges to be reduced to domestic battery, but it is worth knowing that either way, you will likely also be forced to take part in mandatory counseling, community service and may be issued a 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.

Domestic violence 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. Other charges that may be filed in domestic violence cases may include making criminal threats, stalking, aggravated trespassing, violating a restraining order and domestic violence vandalism.

As Your Vista Domestic Violence Lawyer, I Can Help You

These charges are particularly difficult for the defendant because the prosecutor may press charges even if the victim does not want you to be prosecuted or recants. Even if the allegations are false, you may still be charged and forced to defend yourself in court. When you have been accused of domestic violence, it is critical you immediately contact a Vista domestic violence attorney who can defend you against these charges.

The sooner you hire me as your domestic violence lawyer, 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 Domestic Violence 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 cases mostly rely on the testimony of the police, the testimony of the victim and medical records (if either party received treatment). Your Vista domestic violence attorney 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. 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.

As a top Vista domestic violence attorney, I can help you no matter what the unique details of your case. I have over 35 years experience helping fight corporal injury, domestic battery and related charges and I can help you as well. 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, which is located just across the street from the Vista jail and courthouse.

For more information on domestic violence, please see:

• Domestic Violence Defense Overview
• Domestic Violence FAQ
• Domestic Violence and Family Concerns