San Diego Domestic Violence Lawyer, do I need one? When you get charged with domestic violence in San Diego, Vista, Murrieta, Temecula, Chula Vista, National City or in any of the surrounding area of San Diego County, it is imperative that you contact the best San Diego Domestic Violence Lawyer as soon as you possible can. A San Diego Domestic Violence lawyer can help you to build a defense that will greatly increase your chances of getting acquitted.
Experienced San Diego Domestic Violence Lawyer – here to defend you!
If you are being investigated for a crime you should consult with an Attorney before speaking with law enforcement. That Attorney will very likely advice you to not make any statements to law enforcement. This means you should not discuss the details of a possible criminal investigation with law enforcement as well as friends and family. The only person you should talk about it with is a criminal defense attorney.
You should begin to think about who witnessed the alleged domestic violence. Think about what evidence supports your defense. Save text messages, emails and facebook posts. Often a domestic violence case is happening at the same time as a divorce.
Some people are tempted to think they can talk their way out of a bad situation. It is a mistake to think that the officer or detective is there to vindicate you or search for evidence that supports you. They are likely looking for evidence to arrest you and if you decide to talk to them you may accidently give them what they need to get their handcuffs out.
Corporal Injury to a Spouse or Cohabitant Penal Code 273.5
You or someone you love could be criminally charged with this crime if: there is evidence that you struck your intimate partner in a violent way, and there is a visible injury like a bruise or a cut. Often times the police are called to a suspected domestic violence situation where emotions are running high. If, after talking to your spouse they suspect that you hit your partner they can take you to jail and charge you with a misdemeanor. You could be facing up to a year in county jail as a maximum punishment.
Domestic Battery Penal Code 243(e)(1)
This is a similar charge to 273.5. If the police suspect that you inflicted force or violence on an intimate partner, then they can charge you with a misdemeanor. The maximum punishment could be a year in county jail. It is important to know that an intimate partner could be your fiancé, the parent of your child, someone you are cohabitating, an ex or someone you are dating. To convict you of this charge they do not need to prove that there was any visible injury.
Child Abuse Penal Code 273(d)
If someone suspects that your child is being abused the Police will likely investigate. Although the law gives parents the right to punish their children including spanking their child, there is a line that, if crossed, could expose the parent to a misdemeanor with a maximum punishment of one year in county jail. The City Attorney or District Attorney will need to be able to prove beyond a reasonable doubt that the parent inflicted a corporal punishment or injury that was cruel or inhuman and caused an injury.
Child Endangerment Penal Code 273(a)
While a child is in your care or custody you are exposed to a possible misdemeanor charge with a year in county jail. If you willfully allow a child to suffer harm or have his safety or health endangered
Previously, a man or woman in a domestic dispute, without any obvious evidence of abuse would not get arrested. Nowadays, when police respond to a domestic violence call, they are dictated by strict policies which require them to arrest the husband or wife, boyfriend or girlfriend, if either one of them has any visible injury.
The police do not spend that much time investigating these domestic violence cases. They take brief statements and usually decide that the injured person is the victim and the non-injured the perpetrator.
A domestic abuse charge can completely destroy your life. You may find yourself involved in an antagonistic divorce, child custody dispute or simply the breakup of a long term relationship where your partner feels hostility, jealousy, or simply the need for revenge. In these cases, they may file a domestic abuse charge against you. When you are accused of domestic violence you can become stigmatized, since police, friends and family will think you are guilty just based on your arrest, regardless of the actual facts.
There is too much at risk for you to try to fight any accusations of domestic violence on your own. You need a professional help from an experienced San Diego domestic violence lawyer. Basically your life, your employment, any personal and/or future relationships can all become jeopardized. Anything can happen to you, you can lose your home, become barred from contact with your children. And in worse case scenarios, if you are convicted of domestic violence you can be sentenced to jail time, have to pay fines, attend counseling or anger management classes and be even placed on probation.
Defense strategy by San Diego Domestic Violence Lawyer
When you are arrested for spousal abuse or domestic violence in San Diego, it is imperative that you find an experienced domestic violence lawyer who will defend you. Your San Diego Domestic Violence Lawyer will assign a professional investigator who will interview anybody who may have witnessed the incident. You need a San Diego domestic violence lawyer who knows the ins and outs on defending you against California’s domestic violence laws.
A San Diego domestic violence lawyer needs to work quickly to present sworn statements to the prosecuting attorneys before a decision is made to file criminal charges against you. Using this strategy can help avoid a suit or defer it until a fair-minded investigation can be conducted, which can ultimately result in no charges being delivered.
In the case where charges are delivered, even with sworn statements submitted on your behalf. At least your San Diego domestic violence lawyer made an early display of strength which greatly helps in building a strong defense at your trial.
You do not need to stand alone!
Wagner Defense Law Office will do all within their power to fight on your behalf against your spousal abuse or domestic violence charges. Don’t trust your freedom and record to an inexperienced defense attorney. We will give you the most experienced criminal defense attorneys you can find in San Diego, California.
With hundreds of successfully closed cases under our belt, we have the experience to be able to give you the best representation possible in your domestic violence case.