Domestic Battery Lawyer San Diego
Defense for Misdemeanor Domestic Violence in California
In San Diego, domestic violence cases are often filed with little or no contact between investigators and the alleged victim. A defendant who suffers an arrest for domestic violence can feel helpless, as though the entire system is set up to place blame and guilt without considering the actual facts of the case.
The work of a San Diego domestic battery lawyer begins by speaking with the client to establish the true facts of an incident. Building a strong defense to any case takes years of experience and knowing where to find the answers. Arrest reports written by police can be strongly biased against one party and often leaves out crucial details that can be the difference between a dismissal and a serious conviction. Our team at The Law Office of George Gedulin is ready to help defend your case!
California Domestic Battery Laws
According to CA PC 243(e), this is the law defining misdemeanor domestic violence. Many defendants who get arrested for felony domestic violence are ultimately charged with PC243(e)1 in Court. The choice of what crime to charge lies with the prosecutor. However many cases can be defended with an early investigation into the true nature of the incident. Misdemeanor domestic battery is the lesser offense for domestic violence.
Domestic battery is the same crime as a normal battery committed on someone with whom you have a relationship. Battery itself is any harmful or offensive contact. The standard for arrest in these cases is quite low and does not require actual physical harm being done to the victim. Even slight contact in the context of a fight or dispute can be cause for arrest. Prosecuting these cases again comes down to witness statements and past history with police and domestic disturbances.
Penalties for Domestic Battery in CA
If convicted of domestic battery, you may face the following penalties:
- Up to 1 year in county jail
- Up to $2,000 in fines
- Up to 3 years of probation with a 52-week batterer intervention program
Legal Defenses Against Domestic Battery Charges
Some legal defenses for domestic battery may include:
- Acting in self-defense
- You did not "willfully" inflict violence
- False accusations
Representation For Your Misdemeanor Domestic Battery Case
At The Law Office of George Gedulin, our San Diego domestic battery lawyer has more than 30 years of experience in legal services. Our team has a track record of success and knows every part of our clients' cases. If you are being investigated for domestic domestic battery, seek the legal counsel of our team as soon as possible. We offer legal services in both English & Russian.
16 Counts, Unlawful Sexual Intercourse with a Minor Sentence Reduced, All Other Charges Dropped
Client charged with multiple sexual assault offenses, facing 16 years in prison. Convicted of One Count of Sex with a Minor, 2 years Jail, All other charges dismissed.
24 Count, Insurance Fraud Conspiracy, Grand Theft in excess of $250,000 Reduced Sentence, Other Charges Dropped
Client charged as head of conspiracy to present false claims to insurance companies, losses over $250,000. Client facing 22 years in State Prison. Convicted of two counts of insurance fraud, sentenced to 2 years in jail, remaining charges dismissed.
Assault with semi-automatic Firearm, Criminal Threat, Domestic Violence Dismissed Charges
Charges exposed client to 8 years in State Prison and two serious strike felonies. Court dismisses all gun related charges at preliminary hearing, client pleads to domestic violence charge only, no custody.
Felony Domestic Violence Arrest All criminal charges dismissed
After arrest, defense investigation reveals that spouse was aggressor and caused harm to client, all criminal charges dismissed.
Felony Gun Possession, Felony Child Abuse Charges Dismissed
Client charged with felony gun possession and endangering life of a child being in illegal possession of loaded weapons in the home. Potential 6 year Prison sentence. Child endangerment charges dismissed, NO Custody.
Possession of 5KG of Methamphetamine while Armed with Loaded Gun Probation and Other Charges Dismissed.
Client facing 4 counts of possessing large quantity of Methamphetamine for sale and a loaded gun with no serial number. District Attorney offer of 6 years in State Prison. Ultimate resolution was a plea to gun possession only, probation and credit for time served with no additional jail time. All other charges dismissed.
Restraining Order, Accusations of Sexual Assault Case Dismissed
Defense Victory at trial for restraining order, Judge dismissed complaint against client, finding victims allegations and testimony not-credible.
Shoplifting from Naval Commissary Case Dismissed
Case Dismissed, record sealed in Federal Court
Welfare Fraud No Custody, Case Dismissed Following Probation
6 Counts of Fraud by Misrepresentation and Perjury. Possible 4 year prison sentence maximum. Defense negotiated with prosecution for Diversion Program.
Marijuana Possession for Sale/Transportation Plea to Simple Possession, Probation and Fines,
½ pound of Marijuana, $5,000, baggies, scales and Marijuana storage paraphernalia, potential 4 years in jail, Defense argued insufficient evidence to prove sales of Marijuana or Drug Trafficking and filed motion to return all seized property.