Domestic Violence Defense

Domestic Violence Defense Domestic violence cases in California are among the most sensitive and complex areas of criminal law. These charges can arise suddenly, often as a result of misunderstandings, heated disputes, or allegations that may not fully reflect the truth. While California takes a tough stance on domestic violence, anyone accused has the right to a strong and strategic defense.

Under the California Penal Code, domestic violence encompasses acts of physical harm, threats, intimidation, or emotional abuse. Domestic violence is not a single criminal charge but rather a category of offenses that involve alleged abuse or violence against someone with whom the accused has a close or intimate relationship, including:

Spouses and former spouses
Cohabitants (current or former live-in partners)
Individuals in a dating or intimate relationship
Fiancés
Parents who share a child

The most common statutes used to prosecute domestic violence in California are Penal Code Section 243(e)(1) and Penal Code Section 273.5.

Penal Code 243(e)(1) involves spousal battery, which is defined as the unlawful and willful use of force or violence against someone with whom the accused has or had an intimate or romantic relationship. Importantly, this offense does not require visible injuries.

Penal Code 273.5 covers corporal injury to a spouse or cohabitant. Unlike spousal battery, this charge requires that the victim sustained a visible physical injury, however minor.

Even for first-time offenders, both offenses carry severe consequences including jail time, fines, probation, classes, and restraining orders.

Penalties for Domestic Violence in California

The penalties for a domestic violence conviction depend on the specific charges, the severity of the incident, and the accused’s criminal history. However, even a misdemeanor domestic violence conviction can result in life-altering consequences. Below is a breakdown of potential penalties:

Domestic Battery (PC 243(e)(1)):

This is a misdemeanor offense.

Up to one year in county jail.
A fine of up to $2,000 (plus court fees and penalty assessments)
Mandatory participation in a batterer’s intervention program (52 weeks)
Protective or restraining orders prohibiting or limiting contact with the alleged victim.

Corporal Injury (PC 273.5):

This is a “wobbler” offense, which means that it can be charged as a misdemeanor or felony.

A fine of up to $6,000 (plus court fees and penalty assessments)
Mandatory participation in a batterer’s intervention program (52 weeks)
Protective or restraining orders prohibiting or limiting contact with the alleged victim.
Misdemeanor custody time: Up to 1 year in county jail.
Felony custody time: Up to 4 years in state prison.

Additional penalties include restitution to the victim, community service, and the loss of certain rights, such as firearm ownership. For non-U.S. citizens, a domestic violence conviction can also result in deportation or denial of naturalization.

Moreover, California’s zero-tolerance policy on domestic violence often means that law enforcement will arrest someone when responding to a domestic dispute, even if the alleged victim does not wish to press charges. Prosecutors can pursue the case based on evidence alone, such as witness statements, injuries, or 911 recordings.

Defenses Against Domestic Violence Charges

Facing domestic violence allegations can feel overwhelming, but a strong defense is possible with the right legal strategy. Attorney Mirta C. Fuguet will analyze the unique circumstances of your case, scrutinize the evidence, and explore possible defenses. Some of the most effective defense strategies include:

False Allegations – Domestic violence allegations may arise from personal conflicts, such as contentious divorces, custody battles, or breakups. An accuser may fabricate or exaggerate claims to gain leverage or retaliate emotionally. We can present evidence of ulterior motives, inconsistencies in statements, or a lack of physical evidence.

Self-Defense or Defense of Others – If you acted to protect yourself or someone else from imminent harm, this could justify your actions. Proving self-defense requires showing that you had a reasonable belief that force was necessary to prevent injury.

Lack of Evidence – The prosecutor must prove guilt beyond a reasonable doubt. If there is insufficient evidence—such as no physical injuries, unreliable witness testimony, or a lack of corroborating facts—charges may be dismissed or reduced.

Accidental Injury – In some cases, injuries may occur accidentally during a physical interaction, such as grabbing an arm or moving someone out of harm’s way. If the injury was unintentional, it does not constitute domestic violence.

Police Misconduct or Procedural Errors – Improper handling of evidence, failure to read Miranda rights, or bias during investigations can be grounds to challenge the prosecution’s case.

The Importance of Hiring a Criminal Defense Attorney

Hiring a skilled criminal defense attorney like Mirta C. Fuguet is essential for anyone facing domestic violence charges. Attorney Mirta C. Fuguet will play a critical role by:

Investigating the Allegations: Gathering evidence, interviewing witnesses, and analyzing police reports to uncover the truth.
Building a Strong Defense: Developing a tailored legal strategy based on the facts and circumstances of the case.
Negotiating with Prosecutors: In some cases, we can negotiate for reduced charges, alternative sentencing, or dismissal of the case.
Protecting Your Rights: Ensuring that law enforcement and the prosecution follow due process and do not violate your constitutional rights.
Representing You in Court: Providing skilled advocacy during hearings, plea negotiations, and other court proceedings.

A well-prepared defense attorney can make the difference between a conviction and a favorable outcome.

Long-Term Consequences of a Domestic Violence Conviction

Beyond the immediate penalties, a domestic violence conviction can have long-term consequences that affect your personal and professional life. These include:

Loss of Employment – Many employers conduct background checks, and a domestic violence conviction can disqualify candidates from certain jobs.

Impact on Child Custody – Family courts may use a domestic violence conviction to limit custody or visitation rights.

Loss of Gun Rights – Federal and California laws prohibit individuals with domestic violence convictions from owning or possessing firearms.

Damage to Reputation – A conviction can tarnish one’s personal and professional relationships.

Immigration Consequences – Non-citizens may face deportation or denial of visas and residency cards.

Given these far-reaching consequences, fighting domestic violence allegations with an aggressive defense is crucial.

A skilled criminal defense attorney like Mirta C. Fuguet is essential for building a strong defense, challenging the prosecution’s case, and achieving the best possible outcome. If you or someone you know is accused of domestic violence, seeking immediate legal representation can make all the difference in securing justice and safeguarding your future.