If you have been accused of or arrested for domestic violence, you may wonder whether or not you’ll be facing misdemeanor or felony charges. Unfortunately, there is no cut and dry answer to this question as ultimately, it is up to the District Attorney to decide on the severity of charges filed against you. Whether you are facing a misdemeanor or a felony though, you need the help of an expert San Diego criminal lawyer like Peter M. Liss to help defend you against the charges. A San Diego criminal attorney can help you arrange for a bail hearing if you need the bail to be reduced.
While they are charged under the same statute, there is a big difference between a misdemeanor and felony domestic charge. If you are brought up on felony charges, the maximum sentence is four years in prison, whereas a misdemeanor carries no more than a one year jail term. A San Diego domestic violence lawyer like Peter M. Liss may be able to work with the prosecution to have the charges reduced to a misdemeanor. In fact, in some cases, the District Attorney may even decide to drop the charges all together based on the available evidence.
If you are convicted of any form of domestic violence, you will be required to attend mandatory counseling and you may be issued a restraining order as well.
While most people think of domestic violence occurring when a husband hits his wife, the incident does not need to involve spouses, nor does it only occur when a man hits a women. Gay and lesbian couples can be involved in domestic violence cases and women can abuse men as well. Additionally, the couple does not need to be married, if they are or were cohabitating, married, or if the couple has a child together, an act of violence is considered domestic violence.
Domestic violence is a serious crime in San Diego. If you are accused of physically harming your partner, please call San Diego criminal lawyer Peter M. Liss at (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation to discuss your case.
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