In California, any willful and unlawful touch of another person who is a current or former spouse, romantic partner, cohabitant, or parent or your child can result in a domestic violence charge under California Penal Code Section 243(e) or California Penal Code Section 273.5. Contrary to popular belief, a domestic violence victim does not have to suffer any actual physical injuries in order for there to be a conviction.
Suppose you or someone you care about has been accused of domestic abuse in the San Luis Obispo area. In that case, an experienced California domestic battery lawyer may be able to help mitigate the charges. At Aron Law Firm, we are familiar with the techniques required to construct an effective defense strategy for all types of domestic battery charges.
Potential Consequences for a Domestic Battery Conviction in San Luis Obispo
Domestic violence crimes are considered “wobbler” offenses in the State of California. Essentially, this means that any domestic abuse accusation could result in either a misdemeanor or felony charge.
Possible penalties for a domestic battery conviction in San Luis Obispo can require a defendant to:
- Serve time in jail
- Perform community service
- Complete a 52-week domestic abuse counseling program
- Pay costly court fines or victim restitution
- Surrender all firearms
- Deport (if they are not a U.S. citizen)
In many domestic battery cases, the judge will also issue a protective order to prevent the defendant from making contact with the alleged victim.
Even an otherwise clean criminal history can be forever tainted by a single domestic battery conviction. Often, it only takes one conviction to cause issues with state professional licensing boards and affect housing and other employment opportunities.
Possible Defenses an Attorney Could Use to Defend a Domestic Battery Charge in San Luis Obispo
When the police receive a report of domestic violence in San Luis Obispo, they will almost always make an arrest even if the accusing party expresses that they do not want to press charges. Once the arrest is made, it is up to the State to decide whether to bring formal charges or dismiss the case.
All domestic violence charges are taken very seriously in California court, but a skilled domestic battery lawyer can help you fight back. Potential legal defenses your attorney could use include proving that:
- The incident was an accident
- The victim's injuries were not a result of the defendant's actions
- The defendant acted in self-defense or the defense of another person
- The defendant did not intend to cause harm
- The victim's accusation is false
- There is a lack of concrete evidence
In some cases, your lawyer may be able to convince the district attorney that a criminal case is not needed at all. However, in cases where the charges cannot be dropped, your attorney may be able to negotiate for a plea bargain to a lesser charge.
Partner with an Effective Domestic Battery Lawyer in San Luis Obispo
Defending a domestic violence charge in the San Luis Obispo area can be challenging – especially if you do not acquire a legal representative who knows how to handle these types of cases. At Aron Law Firm, we are well-versed in California laws regarding domestic battery charges and can help formulate the best strategy to defend your unique case.
As a former Deputy District Attorney, Attorney William M. Aron has refined his jury trial skills over numerous criminal cases. If you are facing a charge for domestic battery, call Aron Law Firm today at (805) 618-1768 or complete our contact form to begin exploring your legal options with a licensed San Luis Obispo domestic violence lawyer who understands how to strategize for these types of cases. No matter the circumstances surrounding your domestic battery case, we can fight to attain the best result imaginable for your particular situation.