Experienced Domestic Violence Lawyer in Chula Vista Defending Against Domestic Violence Charges
When faced with a domestic violence charge, you may feel the world is turning against you. Perhaps a misunderstanding spiraled out of control, or a private conflict has become a public issue. You are wondering who can defend your rights, stand by your side, and help restore your life.
At The Law Offices of Kerry L. Armstrong, APLC, we understand what you are up against and believe in second chances. Known for our compassionate and unyielding defense in domestic violence cases, we have guided countless clients through difficult situations. With extensive experience in California’s criminal justice system, our team can help protect your rights and pursue a favorable resolution.
Schedule Your Free Consultation with a Chula Vista Domestic Violence Lawyer Today
Understanding Domestic Violence Laws in California
California domestic violence laws impose severe consequences, even if both parties later wish to reconcile. According to California Penal Code §273.5, domestic violence occurs when someone intentionally causes physical harm to a spouse, cohabitant, or intimate partner, resulting in injury.
However, the interpretation of what constitutes domestic violence or intimate partner violence can vary, and accusations are sometimes based on misunderstandings, misinterpretations, or incomplete accounts of an incident.
California law mandates that law enforcement makes an arrest if there is probable cause, even if both parties want to de-escalate the situation and wish that neither party be arrested. Once an arrest is made, the process moves forward regardless of the alleged victim’s wishes.
Domestic Violence-Related Charges in California
In Chula Vista, several charges can arise in connection with domestic violence allegations, and each carries its own legal implications.
- Domestic Battery (California Penal Code §243(e)(1)). This applies when there is an act of violence or use of force but without any physical injury.
- Child Endangerment (California Penal Code §273a). If children are present during the incident, additional charges of child endangerment may be filed. These additional charges can intensify the potential legal and personal ramifications.
- Criminal Threats (California Penal Code §422). This crime involves making threats of serious harm with the intent to cause fear in another person, even if no physical contact occurs. Criminal threat charges are often filed in domestic violence cases. This is a serious charge that counts as a “strike” under California’s Three-Strikes Law.
- Stalking (California Penal Code §646.9). Stalking involves repeatedly following, harassing, or threatening someone, causing them to fear for their safety or the safety of their family. In domestic situations, this charge can be filed if unwanted contact or intimidation occurs.
Understanding these charges and their specific legal consequences is crucial, as a conviction can profoundly impact your freedom, relationships, and future.
Penalties for Domestic Violence Charges
California courts impose penalties ranging from misdemeanor fines and probation to felony prison sentences.
- Misdemeanor domestic violence. Typically, it involves minor injuries and may result in fines, probation, and up to one year in county jail.
- Felony domestic violence. This applies to cases involving significant bodily harm or if you have prior domestic violence convictions. Convictions can lead to years in state prison.
In most cases, the court will grant a protective or restraining order. This order restricts your contact with the accuser, and it often results in a total ban on you contacting the accuser during the pendency of the case. Violating a protection order has its own serious legal consequences.
The Law Offices of Kerry L. Armstrong, APLC, understands the weight of these potential penalties. We have achieved successful outcomes for clients in similar cases, securing reductions in charges and even dismissals. Our Chula Vista domestic violence lawyers are prepared to use our experience, knowledge of the law, and robust defense strategies to advocate for you.
What to Expect When Facing Domestic Violence Charges
The process of fighting a domestic violence charge can seem complex, especially if you’re unfamiliar with the legal system. Here’s a brief overview of what you can expect in a domestic violence case in Chula Vista.
- Arraignment. After your arrest, you will appear in court for an arraignment, where the charges will be read, and you will enter an initial plea. Most people enter a not-guilty plea since, at this early stage, discovery and investigations are almost never complete.
- Discovery and investigation. Your lawyer will gather evidence, request and review discovery, have witnesses interviewed, and file necessary motions.
- Pretrial hearings and plea negotiations. Your lawyer will negotiate with the prosecution for a reduction of charges, a dismissal, or an advantageous plea agreement. At your pretrial hearings, you will have the opportunity to have your attorney argue motions for the exclusion of evidence or enter into a plea agreement with the prosecution.
- Trial. If the prosecution does not agree to a reasonable plea and you reject any offers, the case proceeds to trial. Your lawyer is trained in the rules of evidence and trial advocacy, and their skilled legal representation can mean the difference between conviction and acquittal.
A domestic violence charge does not mean you are guilty. With a skilled attorney, you can present evidence, counter false allegations, and challenge any unlawfully collected evidence.
Defending Against Domestic Violence Charges in Chula Vista
A domestic violence charge can feel overwhelming, but our defense strategies can work to clear your name and protect your rights. Common defenses against domestic violence charges include:
- Self-defense. This could be a viable defense if you were protecting yourself or someone else. For instance, if you were protecting yourself or your child from imminent harm, self-defense could be successful.
- False allegations. Unfortunately, some false domestic violence allegations stem from motivations for revenge or attempts to gain leverage in family court cases. If your lawyer can show that the accusations are false, this could exonerate you.
- Lack of evidence. The prosecution must prove your guilt beyond a reasonable doubt. If evidence is insufficient, a skilled attorney can push for case dismissal.
Our team will investigate every detail of your case to find the best possible defense. We are here to fight for your freedom and help clear your name.
Your Defense Starts Here. Contact Us Today for a Free Consultation
Why Choose a Domestic Violence Lawyer in Chula Vista?
Domestic violence cases are complex, involving sensitive emotions and serious allegations. In California, these charges can include physical harm, threats, harassment, or any abuse within an intimate relationship. A domestic violence charge does not only affect your legal record but also your personal relationships, employment opportunities, and housing status.
Hiring a dedicated Chula Vista domestic violence lawyer is crucial, especially with such high stakes. The Law Offices of Kerry L. Armstrong, APLC, has represented clients in San Diego County for thirty years, defending cases like yours.
Our attorneys understand the local legal landscape and are familiar with the judges and prosecutors. Having such experience helps us tailor your defense to what works in any given situation, and it can help you get the best outcome possible.
How We Can Help You in a Domestic Violence Case
Our approach is thorough, strategic, and compassionate. We focus on the charges and protecting your reputation and future. Here’s our process for domestic violence defense.
Case Evaluation and Investigation
Our team starts by reviewing every detail of your case, identifying inconsistencies in witness statements and police reports, and examining all evidence. We then work with investigators and, when necessary, experts to build a complete understanding of the incident.
Advocacy and Negotiation
From plea negotiations to trial, we are relentless advocates. We use our knowledge of local courts and prosecutors to secure options like reduced charges, alternative sentencing, or dismissal whenever possible.
Every domestic violence case is unique, but one thing remains the same: you deserve a defense that understands the stakes and stands by you. At The Law Offices of Kerry L. Armstrong, APLC, our experienced domestic violence lawyers in Chula Vista are ready to provide the guidance, skill, and compassion you need to face these charges head-on. Whether you seek to clear your name, negotiate reduced charges, or protect your future, we are here to help you find the best path forward.
Contact us today for a confidential consultation, and let us start building an effective defense strategy.
Resources:
- Domestic Violence. California Courts, link
- Cal. Pen. Code § 273a, link
- Cal. Pen. Code § 422, link
- Cal. Pen. Code § 646.9, link
- Cal. Family Code § 6300, link
- What Is the Legal Definition of Domestic Violence in California? Safe Family Justice Center, link
- Definitions of Domestic Violence – California. Child Welfare Information Gateway (2021), link