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Domestic Violence Lawyer Downey, CA

A domestic violence arrest in Downey, CA, can turn your world upside down. You could lose your relationship, your career, and your freedom. It doesn't matter what brought you here. You need an expert Downey, CA, criminal defense attorney to protect your rights.

Domestic violence is different from regular violent crimes because of the status of the alleged victim: If it was your spouse, dating partner, co-parent, or someone you used to date and/or live with, you can face special domestic violence charges like domestic battery or corporal injury on a spouse or cohabitant.

Our domestic violence defense team examines the evidence, challenges witness accounts, handles police contact for you, and builds a strategy aimed at getting your charges reduced or dismissed, or winning at trial.

If You Were Just Arrested, Do This Now:

  1. Plead the fifth.
  2. Call our office (you can contact us 24/7): (800) 755-5174.
  3. Avoid contact with the alleged victim and do not discuss your case publicly.

On this page:

If you're facing domestic violence allegations, act fast. Call our criminal defense lawyers at (800) 755-5174 or contact us online today for a no-strings consultation.

Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.


What Does a Domestic Violence Accusation Mean in Downey, CA?

California Penal Code § 13700 defines domestic violence as "abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship."

Family law uses a broader definition. For restraining orders, Family Code § 6211 also covers close relatives such as a parent, child, sibling, or grandparent. Because of these dual sets of definitions, you can face a domestic violence restraining order without an underlying criminal charge.

There are three main elements the prosecution will attempt to prove in your Downey, CA, domestic violence case:

  • You intentionally and aggressively touched the alleged victim (and, specifically for inflicting corporal injury on a spouse or cohabitant, that the touching resulted in trauma);
  • You were not protecting yourself, nor another person; AND
  • The alleged victim False into a protected individual category as described in California Penal Code § 13700.

Domestic Battery

  • Statute: PC § 243(e)(1)
  • What it means: Willfully using force or violence against a current or former partner. Even the slightest offensive touch counts, and no injury is required.
  • Misdemeanor or Felony: Misdemeanor

Inflicting Corporal Injury on a Spouse or Cohabitant

  • Statute: PC § 273.5
  • What it means: Willfully inflicting an injury on a current or former partner that results in a "traumatic condition": any wound or internal or external injury, minor or serious, including injury from strangulation or suffocation.
  • Misdemeanor or Felony: Wobbler (can be charged either way)

The Key Difference: Was There an Injury?

The presence of an injury is the difference between domestic battery and corporal injury charges — because of this, many corporal injury cases involve extensive review of medical records, where your Downey defense attorney can challenge the presence and/or extend of the injury.

Charges Often Filed Alongside Domestic Violence

Domestic battery and corporal injury are the core domestic violence charges, but prosecutors often add related violent crime charges:

  • Criminal Threats (PC § 422): Telling or displaying that you intend to hurt someone else, whether or not you actually do. A felony conviction is a strike.
  • Dissuading a Witness (PC § 136.1): Any form of action taken to prevent someone from reporting a crime or helping the state's case
  • Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or taking away a cell phone, such as if done in order to stop them from contacting the police.
  • False Imprisonment (PC § 236): Restricting someone's ability to leave a location, and/or unlawfully restraining them against their will.
  • Assault With a Deadly Weapon or Force Likely to Cause Great Bodily Injury (PC § 245(a)): An assault with an object or with force likely to cause serious injury.
  • Stalking (PC § 646.9): Making a person afraid of you by following them and threatening them.
  • Restraining Order Violations (PC § 273.6): Violating the terms of a court-issued protective or restraining order.
  • Child Abuse (PC § 273d): Physically hurting a child, either completely unjustified or through excessive punishment.
  • Elder Abuse (PC § 368): Physically or emotionally causing harm to an elderly or dependent adult.
  • Sexual Battery (PC § 243.4): With a sexual motive, touching another person's privates without permission.
  • Revenge Porn (PC § 647(j)(4)): Intentionally distributing private intimate images of someone without consent, knowing it will cause them serious emotional distress.

Your Next Steps After a Downey, CA, Domestic Violence Accusation

If you've been arrested for or accused of domestic violence, the most important things are to stay silent, stay away from the alleged victim, and call a defense lawyer immediately:

  1. Plead the Fifth Ammendment.
  2. Ask for a lawyer, and don't answer questions until you have one.
  3. Do what you can to secure pretrial release.
  4. Read any protective orders carefully and follow all of the applied conditions.
  5. Preserve evidence: photos of your own injuries, texts, emails, call logs, doorbell or security camera video, and the names of witnesses.
  6. Be honest with your lawyer, and tell the full story.
  7. Stay away from the alleged victim — it's never a good idea to reach out, especially if there is a protective order in place.

Following these steps gives your case the best chance of a positive outcome. Our phones are ready 24/7 if you have any questions: (800) 755-5174.

Downey's working-class neighborhoods and high-density housing near the Downey Courthouse create distinct patterns in domestic violence allegations, with many cases originating from disputes in family-heavy areas. The Law Offices of David S. Chesley appear at the Downey Courthouse on East County Road, applying strategies tailored to Los Angeles County's specific legal landscape.


What Happens After a Domestic Violence Arrest in Downey, CA?

Many people don't know what to expect after being arrested for domestic violence. Here's what you need to be prepared for after an arrest in Downey, CA:

  1. Arrest: Officers only need probable cause. In Downey, CA, they can arrest for misdemeanor domestic violence without a warrant even if they didn't see the incident (PC § 836(d)). When both people claim they were attacked, officers are directed to identify the "dominant aggressor" rather than arrest both (PC § 13701).
  2. Booking: You'll be fingerprinted, photographed, and processed into jail.
  3. Emergency Protective Order: In many domestic violence cases, the state will elect to file an emergency protective order against the alleged offender after the arrest. This is not guaranteed, but can have major repercussions, potentially forcing you out of your home for a week.
  4. Police Questioning: Police may try to question you in custody. Politely decline to speak without an attorney.
  5. Bail and Release: Bail usually starts from the county bail schedule. For many domestic violence charges, including PC 273.5, stalking, and felony criminal threats, a judge must hold a hearing in open court before setting bail above or below the schedule or releasing you on your own recognizance (PC § 1270.1). This gives your lawyer an opportunity to fight for lower bail, or even release on your own recognizance.
  6. Filing Decision and Arraignment: While you're in custody, the police report is sent to the district attorney's office for review. This will be based on the police report and any corroborating evidence. PC § 825 sets timing guidelines for arraignments in California: Outside of exceptional circumstances, the prosecution is required to formally charge you in an arraignment within 48 hours, excluding Sundays and holidays. Arraignments are sometimes combined with bail hearings, in which case you'll be informed of the charges, asked to make a plea, informed of your bail requirements, and possibly issued a new restraining order.
  7. Trial Preparation: Your attorney reviews discovery, investigates, files motions, and negotiates with the prosecutor while preparing for trial.

Are You Allowed to Go Home After a Domestic Violence Arrest?

In many Downey, CA, domestic violence cases, not right away. The restraining orders often filed in domestic violence cases can keep you out of a shared dwelling while the case is pending. Even in cases where the alleged victim reaches out to you, it's often illegal for you to respond or go to meet them.

Violating the order, whatever the circumstances, can result in new charges. If the alleged victim does reach out to you, speak with your attorney before responding or going to meet them. They can advise you on the best way to move forward without hurting your chances in court.



Domestic Violence, Restraining Orders, and Custody

Downey, CA, domestic violence cases often overlap with restraining orders and custody disputes. The intersection between the criminal case, restraining order, and custody battle is difficult for anyone to handle, but the right defense attorney will guide you through all of them.

Types of Restraining Orders in Domestic Violence Cases

There are three main types of Restraining orders that you need to be aware of:

  • Emergency Protective Orders: While not automatic, these are commonly filed by the police officer right after an arrest. They give the alleged victim time (5 court days or 7 calendar days) of protection, during which they will often file for a longer restraining order.
  • Criminal Protective Orders: Issued by the criminal court, usually at arraignment and at the prosecutor's request. They last while the case is pending, and after a domestic violence conviction the judge can issue one for up to 10 years (PC § 136.2).
  • Domestic Violence Restraining Orders (DVROs): In contrast to criminal protective orders, a DVRO can be issued by a family court judge. These can be difficult to fight because you may not be given notice of the initial order, and if granted, they can last for up to 5 years, then later be renewed for another 5 years or for life (Family Code § 6345).

Domestic Violence Accusations and Custody Cases

It doesn't matter if you weren't convicted. Under Family Code § 3044, family court can make its own determination if a parent committed domestic violence, and issue custody findings as a result. Family court uses a wider definition of domestic violence, including harming:

  • The other parent,
  • The child, or
  • The child's siblings.

In particular, you need to watch out for situations where a DVRO was granted — this can be the deciding factor.

These cases are challenging, but there are things you can do to position yourself for success. The judge will weigh factors such as:

  • The best interest of the child in question
  • Completion of a batterer's intervention program
  • Completion of alcohol or drug counseling, if appropriate
  • Completion of a parenting class
  • Compliance with probation and any protective orders
  • The recency of the alleged incident

Domestic Violence Penalties in Downey, CA

The table below shows the potential sentences for domestic violence and commonly related charges in Downey, CA.

OffenseStatuteMisdemeanor / FelonyJail / Prison Time*Fines*
Domestic BatteryPC § 243(e)(1)MisdemeanorUp to 1 year in county jailUp to $2,000
Corporal Injury on a Spouse or CohabitantPC § 273.5WobblerMisdemeanor: up to 1 year
Felony: 2, 3, or 4 years (2, 4, or 5 years with a qualifying prior within 7 years)
Up to $6,000 (up to $10,000 with a qualifying prior)
Dissuading a WitnessPC § 136.1Wobbler (felony is a strike)Misdemeanor: up to 1 year
Felony: 16 months, 2, or 3 years (2, 3, or 4 years if aggravated)
Misdemeanor: up to $1,000
Felony: up to $10,000
Criminal ThreatsPC § 422Wobbler (felony is a strike)Misdemeanor: up to 1 year
Felony: 16 months, 2, or 3 years
Misdemeanor: up to $1,000
Felony: up to $10,000
StalkingPC § 646.9WobblerMisdemeanor: up to 1 year
Felony: 16 months, 2, or 3 years (longer if a restraining order was in place or with prior convictions)
Up to $1,000
Restraining Order ViolationPC § 273.6Misdemeanor (wobbler for certain repeat violations)Up to 1 yearUp to $1,000 (up to $2,000 if someone was injured)
False ImprisonmentPC §§ 236, 237WobblerMisdemeanor: up to 1 year
Felony: 16 months, 2, or 3 years
Misdemeanor: up to $1,000
Felony: up to $10,000
Assault With a Deadly Weapon / Force Likely to Cause GBIPC § 245(a)WobblerMisdemeanor: up to 1 year
Felony: 2, 3, or 4 years
Up to $10,000
Sexual BatteryPC § 243.4WobblerMisdemeanor: up to 6 months
Felony: 2, 3, or 4 years
Misdemeanor: up to $2,000
Felony: up to $10,000
Revenge PornPC § 647(j)(4)MisdemeanorUp to 6 monthsUp to $1,000
Child AbusePC § 273dWobblerMisdemeanor: up to 1 year
Felony: 2, 4, or 6 years
Up to $6,000
Elder AbusePC § 368(b)WobblerMisdemeanor: up to 1 year
Felony: 2, 3, or 4 years
Misdemeanor: up to $6,000
Felony: up to $10,000

*These incarceration ranges and fines can be increased by aggravating factors. For example, causing great bodily injury in a domestic violence incident adds 3, 4, or 5 years and makes the offense a strike, and sexual battery convictions require sex offender registration. To get a full breakdown of the potential penalties in your case, talk to your Downey, CA, domestic violence defense lawyer.

Domestic Violence Probation

California judges follow a legal framework to help them decide on probation requirements in criminal cases. Normally, they have some leeway, but PC § 1203.097 sets some mandatory terms in domestic violence cases:

  • A minimum period of 3 years
  • The issuance of a restraining order in defense of the alleged victim
  • Completion of a year-long batterer's intervention program
  • If you can afford it, a $500 payment to domestic violence programs
  • Community service
  • Loss of any guns
  • No new law violations

Collateral Consequences of a Domestic Violence Conviction

On top of the criminal penalties, a domestic violence conviction in Downey, CA, can lead to:

  • Loss of Gun Rights: A misdemeanor domestic battery conviction brings a 10-year California firearm ban (PC § 29805) and a lifetime federal ban (18 U.S.C. § 922(g)(9)). A misdemeanor PC 273.5 conviction on or after January 1, 2019, is a lifetime ban under California law, and any felony is a lifetime ban.
  • Immigration Consequences: Domestic violence convictions can lead to deportation or block a green card or citizenship. See the immigration section below.
  • Custody: Family court will not look favorably upon your conviction.
  • Long-Term Protective Orders: The court can issue a criminal protective order lasting up to 10 years, and the alleged victim may also seek a DVRO.
  • Employment and Licensing: If a conviction appears in background checks, it can become a hurdle to future job applications.
  • Relationships and Reputation: Your current relationship will likely be strained, and future potential partners may avoid you if they find out about your conviction.

Domestic Violence Charges and Immigration

For noncitizens, including green card holders, a domestic violence case can be more dangerous than the criminal penalties themselves. If either of the following are true, you could face deportation (INA § 237(a)(2)(E)):

  • A conviction for a crime of domestic violence, as defined in U.S. federal law
  • A judicial finding that you broke a protective order (regardless of whether or not you were convicted of a crime for it)

Some domestic violence offenses can also be treated as crimes involving moral turpitude, which carry their own immigration consequences. The exact statute and the facts in the record of conviction matter. Federal courts have generally treated a PC 243(e)(1) domestic battery conviction as less damaging for immigration purposes than a PC 273.5 conviction, but the analysis depends on the specific case.

If you're a noncitizen, you don't just need a criminal defense law firm. You need an immigration lawyer who can help you understand the potential impacts of these charges. Plea deals that seem appealing on the surface can have hidden immigration consequences — an attorney can help you make an informed choice.


Diversion, Reductions, and Clearing Your Record

Diversion options for domestic violence look different than with standard California criminal charges. PC § 1001.95 offers standard misdemeanor conversion, but this does not apply to domestic violence cases. Instead, you can explore the following:

  • Pre-Filing Intervention: If we can participate in a pre-filing investigation conference, we'll argue for charges to not be filed and/or be reduced.
  • Mental Health Diversion (PC § 1001.36): Mental health diversion is an option if you have a qualifying mental health condition that contributed to your behavior. By participating in a treatment program, you can secure a dismissal of all charges.
  • Military Diversion (PC § 1001.80): Veterans treatment courts are available for some misdemeanors when the alleged offender has a qualifying condition (like substance misuse), and does not present a threat to public safety.
  • Reduction to a Misdemeanor (PC § 17(b)): A felony PC 273.5 conviction can be reduced to a misdemeanor, either at sentencing or after probation.
  • Expungement (PC § 1203.4): While expungement does not perfectly restore your record, it can help with future employment applications.


What if the Alleged Victim Doesn't Want to Testify?

It's common for an alleged victim to recant, refuse to cooperate, or ask the prosecutor to drop the case. When this happens, it is a major benefit to the defense, but it will take more to beat the charges:

  • The district attorney decides when to drop the case, not the supposed victim. Ultimately, the alleged victim is not the one you're fighting the criminal case against — instead, it's the state of California. If the prosecutor thinks they have a strong enough case without victim testimony, they may choose to move forward with the charges anyway. The constitutional legality of evidence becomes paramount at this stage, and your attorney will have to evaluate everything on a case-by-case basis.
  • Your history may be used against you. California Evidence Code § 1109 sets special conditions which allow prosecutors to use evidence from old domestic violence cases in the current case (generally going back up to 10 years).
  • They can compel your spouse to testify. While your spouse typically can refuse to testify against you in criminal court, Evidence Code § 972(e) makes an exception for domestic violence cases.
  • Victims can't be held in contempt if they refuse to testify. While in typical circumstances, a witness can be sent to jail for refusing to testify under Penal Code § 166, California Evidence Code § 1219 creates a special exception for domestic violence cases.

Neither you nor anyone acting for you should ask the alleged victim to stay away from court, which can be charged as dissuading a witness. Your attorney can lawfully present the alleged victim's account, challenge the use of out-of-court statements, and highlight any contradictions and/or inconsistencies.


Defense Strategies Your Domestic Violence Attorney May Use

Your defense team knows that every case is unique, and your defense should be, too. Illegal evidence collection can act as a valid defense in some cases. Or perhaps you can show that there was a false accusation, and you're actually innocent. And others admit that harm was caused, but attack the intent aspect.

Here is a breakdown of some common strategies and when they are applicable:

  • False Accusation: If you're in the middle of a complicated breakup, emotions are running high, and your partner might make a false accusation. We investigate the accuser's motives and challenge their credibility.
  • Self-Defense or Defense of Others: You can lawfully use reasonable force to protect yourself or someone else from imminent harm.
  • Dominant Aggressor: Related to self-defense, if you fought back and both of you ended up injured, your attorney can argue that the other party was the dominant aggressor.
  • Lack of Intent or Accident: PC § 243(e)(1) and PC § 273.5 both require an intent aspect for a conviction. One defense option to explore is whether or not the injury was caused by accident.
  • No Traumatic Condition: For a PC 273.5 charge, the prosecutor must prove the touching caused an injury. Where an injury is minimal, unexplained, or existed beforehand, that can mean a reduction to misdemeanor battery or a dismissal.
  • Alleged Victim Recants: As discussed above, it's not possible for the supposed victim to drop criminal charges. However, if they recant, that can create a major hole in the case against you, which your defense attorney can exploit.
  • Reasonable Doubt: In the eyes of the law, you are guilty until proven innocent. If the prosecution fails to prove your guilt beyond a reasonable doubt, your defense attorney should highlight this.
  • Alibi: A solid alibi is an invaluable defensive tool — it will present an alternative narrative protecting you against the supposed wrongdoing.
  • Constitutional Violations: When a procedural error occurred that goes against your rights, our team will argue for evidence to be thrown out and charges to be dropped.

How the Law Offices of David S. Chesley Defends Domestic Violence Charges

When you call the Law Offices of David S. Chesley, our domestic violence defense team gets to work right away. Here's how the process works:

  1. Initial Consult: Before you make a decision, we offer a no-obligaction review of your case.
  2. Release and Protective Orders: We work to get you released and, where appropriate, ask the court to modify protective orders so you can return home or see your children.
  3. Guidance During Questioning: You deserve more than just the same advice to stay silent — we can tell you the best way to interact with law enforcement.
  4. Defense Investigation: Between discovery, 911 recordings, body-camera video, medical records and our own investigation, we'll learn every detail of your case.
  5. Strategy Development: When we have all the evidence we need, we'll decide on a defense strategy that maximizes your chances of a positive outcome.
  6. Pretrial Motions: Motions are a way for us to suppress evidence, challenge narratives, and even get charges dropped in some cases.
  7. Plea Negotiations: We use our experience with how Downey, CA prosecutors evaluate domestic violence cases to pursue reduced charges, diversion where available, or a dismissal.
  8. Trial Representation: If your case goes to trial, we'll present your defense to the judge and jury.
  9. Sentencing Advocacy and Appeals: Nobody wants their case to end in a conviction, but trials don't always go according to plan. If convicted, we're available to help you advocate for a lower sentence and file appeals.

Why Choose the Law Offices of David S. Chesley for Domestic Violence Defense in Downey, CA

Our firm has over 50 years of combined courtroom experience. When you need a defense attorney in Downey, we're ready to take your case.

Our Downey defense team can offer you:

  • Former prosecutors on our team with firsthand knowledge of how domestic violence cases are charged and negotiated.
  • Criminal defense and immigration under one roof, so noncitizen clients get advice on both before any plea.
  • Emergency availability, because domestic violence arrests rarely happen during business hours.
  • Reputation for delivering. Read about our recent case results, including domestic violence cases.

In one case, our client was accused of attacking his girlfriend while she was removing his belongings. We showed that the accusation was false and that another person caused the injury.

Every case is unique — examples used above are not necessarily representative of future case results.



Downey, CA Domestic Violence FAQs

Will I go to jail for a first-time domestic violence offense in Downey, CA?

Not automatically. Many first-time misdemeanor domestic violence cases are resolved with probation rather than jail, especially when there was little or no injury and the accused has no record. Jail is still possible, and a conviction usually comes with mandatory domestic violence probation terms: at least 36 months of probation, a 52-week batterer's intervention program, and a restraining order. Always discuss your case with an attorney to find realistic plea deal options.

Is domestic violence a felony in Downey, CA?

Whether or not a domestic violence conviction is a felony depends on the exact charge. Domestic battery under PC 243(e)(1) is always a misdemeanor. Corporal injury on a spouse or cohabitant under PC 273.5 is a "wobbler," which means the prosecutor can file it as a misdemeanor or a felony depending on the injury, your record, and the facts. Related charges such as criminal threats, stalking, and dissuading a witness can also be charged as either a misdemeanor or a felony.

What is the difference between domestic battery and corporal injury?

Domestic battery (PC 243(e)(1)) includes any attempt to hurt or offend someone through touching, if that person is a current or former romantic partner. The attempt does not need to be successful. Corporal injury (PC 273.5) requires that the touching caused a "traumatic condition," meaning any wound or injury, however minor, including injury from strangulation. Because of that injury requirement, corporal injury is the more serious charge and can be filed as a felony.

Can the victim drop domestic violence charges in Downey, CA?

No. Even if the alleged victim recants, only the prosecutor can drop the charges. In Downey, CA, that is the local District Attorney or, for many misdemeanors, possibly a city prosecutor. An alleged victim who recants or does not want the case to go forward can still help your defense, but that does not guarantee a dismissal.

Can I be arrested for domestic violence if there is no visible injury?

Yes. Police only need probable cause to believe a crime occurred, and domestic battery does not require any injury. California law also allows officers to make a warrantless arrest for misdemeanor domestic violence even if they did not see the incident happen..

Can I go home after a domestic violence arrest?

Often not right away. Police commonly obtain an emergency protective order, and the criminal court usually issues a criminal protective order at arraignment that can require you to stay away from the alleged victim and the shared home. Violating either order is a separate crime, even if the alleged victim invites you back. Your attorney can ask the judge to modify the order, for example, to allow peaceful contact.

Will a domestic violence charge affect my immigration status?

It can. But it depends greatly on the specifics of your case and the statute in question. Federal law says that any noncitizen convicted of a domestic violence crime or a protection order violation is eligible for deportation (8 U.S. Code § 1227). The specific statute you plead to matters a great deal, so noncitizens should get immigration advice before accepting any plea.

Can I get diversion for a domestic violence charge in Downey, CA?

In California, many misdemeanor charges qualify for diversion (where instead of going to jail, the accused individual fulfils special requirements before having the case dismissed) under PC 1001.95, but domestic violence is an exception. These types of charges are specifically excluded from PC 1001.95. However, some defendants may qualify for mental health diversion under PC 1001.36, and current or former service members charged with a misdemeanor may qualify for military diversion under PC 1001.80. These can be great options for eligible individuals, who can avoid a domestic violence conviction on their record.

Can a domestic violence conviction be expunged in Downey, CA?

Usually, yes. But it may look different depending on what you were charged with. A misdemeanor conviction is typically eligible for dismissal after the completion of probation, while felony corporal injury convictions can often be reduced to a misdemeanor. An expungement does not completely erase the conviction, however — it will still be visible to law enforcement agencies and prosecutors. However, it can help with future housing and employment applications.

Will a domestic violence conviction take away my gun rights?

Very likely. A misdemeanor domestic battery conviction carries a 10-year California firearm ban and a lifetime federal ban. A misdemeanor PC 273.5 conviction on or after January 1, 2019, carries a lifetime ban under California law, and any felony conviction is a lifetime ban. On top of these bans for a conviction, if you are under a DVRO or other protective order, you will also likely face a gun ban for the duration.

How long does a domestic violence case take in Downey, CA?

Anywhere from a few months to more than a year. If you've just been accused and arrested, you must generally be arraigned within 48 hours, not counting Sundays and holidays. Once you've been formally charged, your defense attorney will work with you to review the evidence, build a strategy, file motions, and negotiate with the prosecution. This takes up the bulk of the time your case is processing, and trials can extend them further.

Can a felony domestic violence charge be reduced to a misdemeanor in Downey?

Yes. Because a corporal injury charge a wobbler, your attorney may be able to negotiate a misdemeanor filing or plea, or ask the judge to reduce a felony to a misdemeanor under PC 17(b), either at sentencing or after probation is completed.

What should I do if I'm served with a restraining order while my criminal case is pending?

Strictly obey every condition, even if the alleged victim reaches out. Protective orders are a standard part of domestic violence cases, and a violation can bring new charges and hurt your criminal case. Your defense lawyer can fight for the order to be lifted or modified to be a "peaceful contact" order.


Talk to a Downey, CA, Domestic Violence Defense Lawyer Now

Right now, you need to make a decision that can affect the rest of your life. The Law Offices of David S. Chesley is here to help guide you at every step of the process.

The Law Offices of David S. Chesley also offers the following legal services in Downey, CA:

Call one of our team members at (800) 755-5174 or reach out online to plan a no-strings attached consult with a domestic violence lawyer in Downey, CA.

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  • Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
  • Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico. Our client was the only defendant who received NO JAIL TIME!
  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victim's mother DISMISSAL of all charges at preliminary hearing!
  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

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