A charge of assault, battery, or domestic violence often is fraught with emotion for both the alleged victim and the person who was charged. These kinds of charges often derive from situations that are personal and intensely emotional — and often can involve misunderstandings that blow out of proportion, tear families apart, and result in one or more people facing a criminal conviction.
Potential Penalties In Assault & Domestic Violence Cases
If you have been charged with assault, battery, domestic violence, or a similar offense, your penalty may depend on the seriousness of the injuries and your criminal record. Possible penalties may include:
- Incarceration of at least 30 days
- Thousands of dollars in fines
- Criminal record affecting your potential job, apartment, professional license, or immigration application
- Negative impact on child custody and/or visitation
- Poor reputation among friends, family, and the community
Having an experienced San Diego assault and domestic violence lawyer can help you avoid the worst; in some instances, we are able to negotiate for a reduction or a complete dismissal of charges.
Innocent People May Be Accused
Innocent people are accused of and charged with crimes all the time. Unfortunately, false allegations occur with assault and domestic violence crimes as well.
Assault and domestic violence may be the result of an accident or self defense. Injuries may have been caused by a reasonable situation, or both people may have made threats or been violent.
In any event, you need an experienced criminal defense attorney to defend your rights against your accuser. We will investigate all of the facts and present your side to prosecutors and in court, if necessary.
An Experienced San Diego Assault and Domestic Violence Lawyer When You Need It Most
It’s an old saying that there are two sides to every story, but that’s particularly true when it comes to the story at the heart of an assault, battery, or domestic violence charge. It’s vitally important that you retain an assault and domestic violence lawyer who will not only listen to your side, but fight to get it heard in court by a prosecutor, a judge, or a jury.
It’s also important to have a San Diego lawyer with experience at successfully resolving assault, battery, and domestic violence cases. The right experience isn’t just about winning trials. Many cases are resolved without ever reaching a jury, through negotiations with prosecutors or convincing a judge to reduce your charge, lessen your penalties, or allow you to serve probation.
We work to get the best outcome for our criminal defense clients given the circumstances of the case. Every case is different, and we take a personal approach to each case we handle. A case isn’t just an abstract charge to us — it’s a person’s life, and it’s our goal to help you achieve a resolution to your criminal case that lets you move on and put this stressful and upsetting time in the past.
Types of Charges We Handle
You may be surprised by the kinds of actions that can be charged as assault, battery, domestic violence, and other related offenses. The way the average person thinks of a term like “assault” or “battery” doesn’t necessarily match up with the how those terms are viewed under California law, and you may have been charged for something you had no idea was a crime, or that you thought was less serious than the charge you now face.
As a San Diego criminal law firm, we can help if you’ve been charged with:
- Assault — In California, an assault is an attempt at violence coupled with the ability to follow through. Actual physical violence and injury are not a requirement. If you have been charged with assault, let us help you navigate the California legal system.
- Battery — Battery is the actual use of force or violence. This is similar to assault, but physical contact or injury are required. We can help you understand the laws surrounding such a charge.
- Simple Battery — The law regarding battery does not require that the alleged victim suffer any injury. In fact, you don’t have to physically come into contact with the victim to be charged with simple battery. Intentionally throwing an object or spitting at the person can amount to simple battery under the law.
- Aggravated Battery — In contrast to simple battery, when a person willfully touches someone in a harmful or offensive way and the victim suffers a serious injury as a result, that person may face this heightened offense. At McElfresh Law, we understand the complexities of this law and can help build you the strongest possible defense.
- Domestic Violence — Domestic violence is the use of physical force or threat of violence against an intimate partner, including someone you date, someone you live with, a current or former spouse, or the parent of your child. We can help you obtain the best possible outcome after a domestic violence charge.
- Child Abuse — Under California law, child abuse is the infliction of cruel and inhuman corporal punishment or injury against a child. Child abuse laws can be complex. Contact us today for a better understanding.
- Assault with a Deadly Weapon — When an assault is committed with the use of a deadly weapon, penalties are more severe. We can help you negotiate with prosecutors or effectively defend you in court, if necessary.
- Child Neglect — Failing to provide a child with food, shelter, clothing, or medical care can lead to serious criminal charges in California. Let us explain the nuances of child neglect if you’ve been charged with this crime.
- Child Endangerment — San Diego prosecutors are aggressive about cases involving putting a child at risk of injury or harm. A conviction can result in harsh penalties. We can defend you against child endangerment and related crimes.
- Elder Abuse — The elderly are protected under California law. Elder abuse can result in strict penalties, including incarceration and fines. Call us today to find out how we can help you.
Learn How a San Diego Assault & Domestic Violence Attorney Can Help
These types of charges are serious an can influence the rest of your life. Our firm can sit down with you and go over the intricacies of your specific case and answer your questions. It’s in your best interest to seek help from an experienced and skilled criminal attorney as soon as possible. We can be reached at (858) 756-7107 or through our contact form.