If you face charges for domestic violence or assault, the sooner you speak to a San Diego domestic violence attorney, the more options you may have for addressing them. While your lawyer cannot guarantee a certain result in your case or promise an acquittal, it's critical that you have the knowledge to make informed decisions about your own legal matter.
A San Diego Domestic Violence Attorney Explains Circumstances That May Give Rise to Domestic Violence Charges Domestic violence charges usually stem from a type of criminal assault. If you or a loved one has been threatened or physically struck by a family member, this could be filed as a domestic assault. As a San Diego domestic violence attorney can explain, it becomes a domestic charge if the victim shares a relationship with the alleged perpetrator such as a spouse, co-parent, dating relationship or prior living arrangement. Physical contact is not always required; sometimes, threats or intimidation can also lead to criminal charges.
The severity of the charges depend on a variety of factors. An assault that occurs with a weapon of some kind can lead to an aggravated domestic violence charge with stiffer, possibly even felony, penalties.
Your San Diego Domestic Violence Lawyer Can Discuss Common Defense Strategies When a San Diego domestic violence lawyer reviews your case, he or she will first make sure you understand the specific crime you've been charged with. If it is a domestic assault, your attorney can look at what type of evidence the prosecution has and how it was collected. Defenses based on how the evidence was collected would be those where police failed to protect your constitutional rights against unreasonable searches and seizure for example. Additionally, your attorney will look to see if the evidence in question is enough to support every legal element of the charges brought.
A San Diego Domestic Violence Lawyer Can Help You Understand What to Expect from the Criminal Court Process As your San Diego domestic violence attorney can explain, your case will usually start with an arrest. If you've been incarcerated, your lawyer can discuss options you may have for release on bail. Depending on the defense strategy your attorney recommends, you may have options for pleading to a lesser charge. Your attorney can communicate with the prosecution on your behalf. For first time offenders, there may be an opportunity for a diversion and counseling program in lieu of more serious charges. Let your lawyer fully advise you of your options.
The Importance of Following Court Orders If you've been charged and released on bail, you'll likely be put under a court order. The victim may have also gotten a protection order prohibiting you from contacting him or her. Your San Diego domestic violence attorney will explain the importance of adhering to any court orders incident to your bail, pending trial or those that might be in place after a conviction. If you fail to follow court orders, you be seen in a bad light by same judge that will hear your case to its conclusion. Additionally, violating bond conditions or other court orders puts you in grave jeopardy of going back to jail or being arrested on separate charges.
Don't leave your case to chance. Facing criminal charges of any kind can have severe, life-altering consequences, and you often don't get a second chance if you don't handle things right the first time. To discuss your case with a skilled San Diego domestic violence attorney who can help you understand what to expect, contact the law offices of Attorney James V. Hairgrove. To schedule an appointment for an initial consultation, call 619-667-3743