Vista Domestic Violence Attorney

Domestic Violence Charges Filed in San Diego

Offenses in the “domestic violence” criminal law category include:

• Corporal injury to a spouse or inhabitant (California Penal Code section 273.5)
• Domestic battery (California Penal Code section243(e)(1))
• Making criminal threats
• Stalking
• Aggravated trespassing
• Violating restraining orders
• Domestic violence vandalism
• Threatening phone calls
• Harassment
• Damaging a phone line

If children are present during the attack, child abuse or child endangerment charges may apply even if no one touched them during the incident.

Corporal Injury to a Spouse or Cohabitant

Corporal injury to a spouse or cohabitant is one of the two most commonly filed domestic violence charges in San Diego County. This charge occurs when someone injures their intimate partner, even if the injury is only minor. Acts that may fall under this offense include obvious violent behaviors such as kicking, punching and slapping, but can also include things such as throwing an object at someone or restraining someone in a way that causes injury. Corporal injury charges are either a misdemeanor or a felony.

Domestic Battery Charges

The other most commonly filed domestic violence charge in San Diego, domestic battery, is always a misdemeanor, making it a less severe charge than corporal injury. Domestic battery occurs when someone uses force or violence against their partner. If someone was emotionally abusive and threatened to act violently, prosecutors may also file this charge.  The victim does not need to be injured.

Making Criminal Threats

Many people accused of hurting or threatening their partner are also charged with making criminal threats. This crime occurs when someone threatens to commit a crime likely to result in significant bodily injury or death and causes the victim to fear for their safety. Criminal threats can be either a misdemeanor or felony. As a felony, the offense is punishable by up to four years in prison and will result in a strike being added to your record.

Stalking Charges in California

Many people facing domestic violence charges are also brought up on stalking charges. Stalking occurs when someone harasses or threatens another person until the victim fears for their safety or the safety of their family. Stalking can be a misdemeanor or felony, and as a felony, it is punishable by up to three years in prison.

Aggravated Trespassing

When someone takes stalking or criminal threats to another level and makes a criminal threat and then trespasses within 30 days into that person’s home or workplace with the intent to carry the threat out, they have committed aggravated trespass. This crime is punishable by up to three years in prison.

Restraining Order Violations

Suppose a victim already has a stay-away order when the aggressor commits domestic violence. In that case, the suspect may also be charged with violating a restraining order, a misdemeanor punishable by up to one year in jail. There are many defenses to violating a stay order, including doing so accidentally. If you have been accused of violating a restraining order, do not talk to the police until you have a domestic violence defense attorney present.

Vandalism and Domestic Violence

While it’s legal to destroy your own property when angry, damaging communal property, property of your intimate partner or any other person’s property is not legal and is considered vandalism. Even if the victim suffered no physical harm, prosecutors may file domestic battery charges if you damaged communal property. While domestic violence vandalism charges are similar to other vandalism charges, it’s worth noting that because they occur between domestic partners, there are mandatory penalties.

When the value of the damaged property is less than $400, the charge will be a misdemeanor, otherwise it may be filed as a felony or misdemeanor. The minimum penalties for misdemeanor domestic violence vandalism charges include a 3 year probationary period, fines, community service, a year-long batterer’s class, and a restraining order. Additionally, those convicted must pay restitution for the damages resulting from their actions. As a felony, this offense is punishable by up to three years imprisonment.

To secure a conviction for this charge, the prosecution must prove that the victim was at least a partial owner of the property and that you intentionally damaged it. If your domestic violence attorney can show you accidentally damaged your partner’s possessions or that the destroyed items were yours, you aren’t guilty of domestic violence vandalism.

Child Abuse or Endangerment

While not technically domestic violence because the victims are children and not intimate partners, child abuse and endangerment are charges regularly filed against those accused of domestic violence. In child abuse cases where the defendant has a prior domestic battery or corporal injury charge, prosecutors often use this fact as evidence that the defendant has a violent nature and is, therefore, guilty.

Child abuse can result in a prison sentence of up to three years, whereas child endangerment is usually a misdemeanor punishable by up to six months in jail. When child endangerment places the child at risk of substantial bodily injury, it may be a felony or misdemeanor. As a felony, it can carry a sentence of up to six years in prison. Always work with a top domestic violence attorney in San Diego County if you have been accused of harming your children or those of others, such as a spouse or girlfriend/boyfriend.

How Prosecutors Show Domestic Violence Occurred

Prosecutors use numerous tactics to convince the court that the defendant is guilty of abusing their intimate partner, even if the alleged victim later recants their story. A domestic violence defense lawyer must be familiar with these methods to effectively develop a strategy to counter the charges.

Sticking With the Victim’s Original Story

In many domestic violence cases, the victim will recant or change their statements from what they told the police. One tactic that prosecutors use in these situations is to claim the supposed victim revised their statement or testimony because of fear of the abuser or the consequences of a conviction.

Your attorney is responsible for finding reasons the original statements are not credible or corroborated by the facts. If the physical evidence doesn’t match the victim’s claims of injuries, the defense can argue the claim was made in haste or anger. The defense can often argue that a disgruntled partner called the police to gain leverage in child custody or divorce proceedings. Prosecutors are aware of this and are receptive to evidence that the victim is using a criminal case to gain the upper hand in a family law proceeding. A defense investigation may also reveal the bias or motive of the victim to fabricate a claim of domestic violence.

Claiming the Defendant is Lying

At the same time that the prosecutor will try to play up the truth in the alleged victim’s story, one of the main tactics prosecutors use is to try to show that the defendant’s side of the story is 100% false. This process will start long before the DA even takes over a case and will begin when the police first interview you to get your side of the story. Any inconsistency in what you say will be used as evidence that you are lying.

It is rarely advisable for a suspect or defendant to talk directly to the police, victim or prosecutor about the case. A lawyer can explain your side and show extenuating circumstances without requiring you to make statements that can be turned around and used against you. In many cases, officers frame their questioning so that they are not required to provide a Miranda warning, which results in the suspect saying more than they would otherwise. With or without a Miranda warning, you should avoid talking to the police, who have many tactics to get suspects to confess.

Showing the Defendant is a Violent Person

The prosecution will often try to prove that you are a violent person at heart and use any information at their disposal to do so. They may use any past violent crime convictions against you or introduce witnesses to testify that you have a temper. Your attorney should counter this by blocking the introduction of evidence when appropriate and providing proof that you are a level-headed, non-violent person, or at the very least, that you are not the type of person that would hurt your partner.

Neglecting to Investigate the Victim

The prosecutor must provide any relevant criminal history of the victim. However, they have no obligation to investigate the character and credibility of the victim independently. Your lawyer must dig beyond the criminal record to see if the victim has a history of false accusations or violent acts which didn’t result in arrests. If the victim has a history of lying or violent behaviors, this can show the prosecutor and, if necessary, a jury that the victim isn’t as innocent as they claim.

Presenting Recordings of Your Phone Calls

Anything you say while in custody is recorded, so if you talk to a friend or family member about your case, the prosecutor could use your words against you —or even accuse you of trying to dissuade a witness. It is highly advisable to avoid saying anything about the case over the phone while in custody, no matter how tempting it may be to vent about the situation.

If a restraining order was in place, the district attorney may also file charges against you if you contact the alleged victim, even if you are trying to make up with them. And just like when talking to a friend or family member, they may use anything you say to the alleged victim as evidence against you later. Your lawyer will usually try to help you fight a restraining order if possible, but even without such an order, you are best off not speaking with the victim over the phone.