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Domestic Violence Defense Attorney

When a spouse or partner accuses you of domestic abuse, knowing where to turn for help at a stressful time can be confusing. At Turner Law in San Diego, we are an experienced criminal defense firm that can help you fight against conviction.

What Is A Felony Domestic Violence Charge?

A felony domestic violence charge, as outlined in California Penal Code Section 273.5 PC, typically involves cases where there is suspicion of corporal injury to a victim (spouse or partner) within a domestic relationship, leading to escalated legal consequences. Although often misdemeanors, domestic violence offenses can be upgraded to felonies in specific cases, like:

  • Bodily harm or sexual assault
  • Infliction of serious bodily injury
  • Commission of sexual assault
  • Prior convictions related to domestic violence
  • Prior convictions for other criminal offenses
  • Violations of restraining orders
  • Use of a weapon

These criteria delineate the conditions under which domestic violence offenses are escalated to felony charges in California, imposing more severe legal penalties upon the offender.

Consequences Of A Domestic Violence Charge In California

Facing a domestic violence charge can have significant and far-reaching consequences, impacting various aspects of your life, including potential military enrollment and child custody. It’s worth knowing these potential penalties, especially when you are considering the long-term implications.

  • Domestic battery (Penal Code 243): This involves intentionally or recklessly inflicting injury on a spouse, former spouse, cohabitant, parent, child or any blood or marriage-related relative. Penalties range from a $2,000 fine to one year in jail, probation and mandatory batterer’s intervention programs.
  • Corporal injury (Penal Code 273.5): This occurs when someone intentionally inflicts injury on another person, resulting in a traumatic condition. Penalties are similar to domestic battery but may be harsher depending on the severity of the injury.

Depending on the severity and circumstances of your conviction, a domestic violence charge can affect your eligibility for military service. Each branch has its own policies, but convictions might lead to disqualification, discharge or limitations on your career advancement.

Additionally, California Family Code 3044 establishes a rebuttable presumption that awarding custody to someone with a domestic violence conviction or finding against them is detrimental to the child’s best interest. This means the court will scrutinize the situation carefully and consider various factors, including:

  • Completion of batterer’s intervention programs
  • Compliance with restraining orders
  • Absence of further acts of violence
  • Best interests of the child

Due to the profound legal implications a domestic violence charge can entail, it is worth seeking legal counsel to comprehend the full scope of your rights to help manage and mitigate the fallout from such allegations effectively.

Working Hard For You

The charge is that you willingly used violence against someone in your household. However, you may have been defending yourself against a violent attack by the other person. Domestic violence lawyer Greg Turner, the founder of Turner Law San Diego, APC, personally works with you to find out the details of your case so he can build a defense that is to your advantage.

Caring For Your Future

A conviction in the state of California means that you may have to serve a sentence at a county jail or a state prison for up to four years and pay a fine of thousands of dollars. With experience as a public defender and a criminal defense attorney, Greg Turner is a legal professional that cares about your future. He will work for the most favorable outcome for your situation.

Available 24/7 – Call Us Today

Find out how we can help if you are charged with physical abuse of a family member. Give Turner Law in San Diego a call at 619-436-4502 to schedule an appointment, or contact us online.