Domestic violence is one of the most serious charges you can face in La Jolla. This is because it has wide-reaching implications and collateral effects, even for a misdemeanor. If convicted, you should be facing a firearms ban, jail time, thousands of dollars in fines, and a difficult-to-escape criminal record. To protect your freedom, you need an experienced La Jolla, CA, criminal defense attorney.
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 is ready to help with your case. We offer free case reviews, and our phone lines are available 24/7.
3 Key Steps to Take After a Domestic Violence Arrest:
- Respectfully refuse to answer questions and request an attorney.
- Reach out to a lawyer (you can contact us around the clock): (800) 755-5174.
- Stay in line with any pre-trial release conditions.
On this page:
- How domestic violence is defined
- 7 key steps to take if you're accused
- What to expect if you're arrested for domestic violence
- The intersection between domestic violence, restraining orders, and custody cases
- Domestic violence penalties in La Jolla, CA
- What you need to be aware of if you're not a U.S. Citizen
- Different diversion options that you may want to explore
- What happens if the alleged victim doesn't cooperate
- Different ways our lawyers may defend your case
- The different steps we take in building a defense
- What sets our lawyers apart
- Common questions
If you've been accused of a crime, 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.
How Does La Jolla, CA, Define Domestic Violence?
The main definition of domestic violence in California is California Penal Code § 13700. It defines it as causing harm to someone else with whom you have a close relationship, such as a husband/wife or co-parent.
Family law uses different criteria than criminal law. For restraining orders, Family Code § 6211 sets rules and standards. In addition to current and former romantic partners, it includes close family members. This means that a domestic violence restraining order has different standards than a domestic violence criminal conviction.
There are three main things that the prosecution must prove in order for you to be convicted:
- You made physical contact with the alleged victim, causing harm or offense (and, for corporal injury, that the contact resulted in trauma);
- There were no extenuating circumstances like self-defense; AND
- The alleged victim was your current or former spouse; current or former fiancé(e) or dating partner; someone you live with (or, for corporal injury, used to live with); or the other parent of your child.
Domestic Battery
- Statute: PC § 243(e)(1)
- What it means: Intentionally touching a current or past romantic partner in a harmful manner — regardless of injury.
- Misdemeanor or Felony: Misdemeanor
Inflicting Corporal Injury on a Spouse or Cohabitant
- Statute: PC § 273.5
- What it means: Intentionally causing a "traumatic condition" to a current or former romantic partner—any wound or internal or external injury, minor or serious, including injury from strangulation or suffocation.
- Misdemeanor or Felony: Wobbler (could be a misdemeanor or a felony)
The Key Difference: Was There an Injury?
The line between the two charges is injury. A push that leaves no mark is typically charged as domestic battery, a misdemeanor. The same push that leaves a bruise, scratch, or swelling can be charged as corporal injury, a potential felony. Prosecutors also commonly file PC 273.5 when there's any allegation of choking or strangulation, even when marks are hard to see. That's one reason early investigation of the medical evidence matters.
Charges Often Filed With Domestic Violence
In La Jolla, CA, criminal court, it's common to face multiple criminal charges at once. Here are some related ones you should be aware of:
- 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): Trying to stop someone from reporting a crime, cooperating with police, or testifying, including asking an alleged victim to "drop the charges."
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or breaking a cell phone, such as if done in order to stop them from contacting the police.
- False Imprisonment (PC § 236): Restraining someone or keeping them from leaving, such as blocking a doorway.
- Assault With a Deadly Weapon or Force Likely to Cause Great Bodily Injury (PC § 245(a)): Attacking someone with excessive power and/or a weapon that can seriously hurt them.
- Stalking (PC § 646.9): Repeatedly following or harassing someone and making a credible threat that puts them in reasonable fear for their safety.
- Restraining Order Violations (PC § 273.6): Breaking the terms of a no-contact or related court order.
- Child Abuse (PC § 273d): Intionally harming and causing injury to a child.
- Elder Abuse (PC § 368): Physically or emotionally causing harm to an elderly or dependent adult.
- Sexual Battery (PC § 243.4): Whether for sexual gratification, arousal, or abuse, touching another person's intimates when you were not allowed to.
- Revenge Porn (PC § 647(j)(4)): Intentionally distributing private intimate images of someone without consent, knowing it will cause them serious emotional distress.
How to Handle Domestic Violence Allegations in La Jolla, CA
What you do now can make all the difference for your future. Don't miss any of the below steps if you want to maximize your chances of a positive outcome:
- Do not answer any questions or discuss your case with anyone.
- Request an attorney.
- Request bail and/or release without bail.
- If you were issued a restraining order, follow every rules.
- Preserve evidence: photos of your own injuries, texts, emails, call logs, doorbell or security camera video, and the names of witnesses.
- Tell your defense attorney the full story. The conversation is confidential.
- Don't contact the alleged victim, even to apologize or to ask them to drop the case. That contact can violate a protective order and lead to a separate charge for dissuading a witness. If they reach out, talk to your lawyer before responding.
Mistakes can cost you your freedom, but following these steps can protect it. Our domestic violence defense attorneys are ready for your call, day and night: (800) 755-5174.
La Jolla's upscale neighborhoods and university-influenced communities near UC San Diego create unique dynamics in domestic violence cases, with many filings originating from disputes in high-end apartment complexes along Prospect Street. The Law Offices of David S. Chesley appear at the San Diego Superior Court, North County Division, applying strategies informed by San Diego County's specific legal landscape.
What Happens After a Domestic Violence Arrest in La Jolla, CA?
It's normal to be scared or overwhelmed after police take you into custody. Here's what typically happens after an arrest in La Jolla, CA:
- Arrest: An arrest isn't guaranteed after a domestic violence call, but they often occur. According to PC § 836(d), an officer does not need to witness a domestic violence incident in order to have probable cause to make an arrest. Additionally, PC § 13701 guides them to arrest the "dominant aggressor" in cases where both parties claim the other attacked them.
- Booking: You'll be fingerprinted, photographed, and processed into jail.
- Emergency Protective Order: Officers can request an emergency protective order from an on-call judge, often the same night. It can order you to stay away from the alleged victim and move out of the home for up to 5 court days or 7 calendar days, whichever comes first.
- Interrogation: While under arrest, the police may ask you about the incident. Plead your right to remain silent and request to speak with your lawyer.
- Bail and Release: Many domestic violence charges mandate that there is a bail hearing before you are released. This gives your lawyer an opportunity to fight for lower bail, or even release on your own recognizance.
- Filing Decision and Arraignment: Prosecutors review the police report and decide what to file. A prosecutor will evaluate the evidence for what they suspect occurred and what they think they'll be able to prove. 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. At arraignment you'll hear the charges and enter a plea, and the judge will usually issue a criminal protective order.
- 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 La Jolla, CA, domestic violence cases, you could be restricted from going home. Protective orders are commonly used against people alleged to have committed domestic violence, keeping the supposed offender away from the supposed victim and their home. It doesn't matter if the alleged victim recants.
Violating the order, whatever the circumstances, can ultimately hurt your case. 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
A domestic violence accusation in La Jolla, CA, isn't just a criminal charge. Your actions now can affect your criminal case, your child custody rights, and your restraining order. Work with an attorney who has experience in all three arenas.
Types of Restraining Orders in Domestic Violence Cases
When facing domestic violence allegations, here are the three typical types of Restraining orders you may be up against:
- Emergency Protective Orders: These are a short-term restraining order, lasting 5 court days or 7 calendar days (whichever comes first). They are typically administered after a domestic violence arrest, but the arrest is not required for the police officer to file for one.
- Criminal Protective Orders: PC § 136.2 gives the judge the power to issue a restraining order against alleged offenders while their case is pending. If the case ends in a conviction, a new one can be issued for up to 10 years.
- 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
A domestic violence charge, even without a conviction, can seriously impact a child custody case. Family Code § 3044 instructs family court officials to automatically presume that giving custody to a parent who recently committed domestic violence is not in the child's best interest. Here are some key distinctions:
- The family court will make its own determination, rather than relying on criminal court outcomes.
- In addition to current and former romantic partners, the court will also look at possible violence committed against children in the relationship.
- A previously issued DVRO can be used as justification for denying custody.
Your attorney should be someone familiar with these aspects of family court in addition to the ins and outs of criminal court.
The presumption can be overcome. The court will weigh factors such as:
- What they think will be the best environment for the child
- 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
- How long ago the incident supposedly happened
A parent subject to the presumption usually still has visitation, though it may be supervised or restricted. When there are only allegations and no finding, the presumption doesn't apply. The judge decides custody based on the child's best interest, and if the judge gives custody to a parent who has been accused of abuse, the judge must explain the reasons on the record.
Domestic Violence Penalties in La Jolla, CA
A domestic violence conviction can result in major fines and jail time. Below, we've pulled together the penalties for the most common domestic violence and related charges in La Jolla, CA.
| Offense | Statute | Misdemeanor / Felony | Jail / Prison Time* | Fines* |
|---|---|---|---|---|
| Domestic Battery | PC § 243(e)(1) | Misdemeanor | Up to 1 year in county jail | Up to $2,000 |
| Corporal Injury on a Spouse or Cohabitant | PC § 273.5 | Wobbler | Misdemeanor: 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 Witness | PC § 136.1 | Wobbler (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 Threats | PC § 422 | Wobbler (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 |
| Stalking | PC § 646.9 | Wobbler | Misdemeanor: 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 Violation | PC § 273.6 | Misdemeanor (wobbler for certain repeat violations) | Up to 1 year | Up to $1,000 (up to $2,000 if someone was injured) |
| False Imprisonment | PC §§ 236, 237 | Wobbler | Misdemeanor: 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 GBI | PC § 245(a) | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years | Up to $10,000 |
| Sexual Battery | PC § 243.4 | Wobbler | Misdemeanor: up to 6 months Felony: 2, 3, or 4 years | Misdemeanor: up to $2,000 Felony: up to $10,000 |
| Revenge Porn | PC § 647(j)(4) | Misdemeanor | Up to 6 months | Up to $1,000 |
| Child Abuse | PC § 273d | Wobbler | Misdemeanor: up to 1 year Felony: 2, 4, or 6 years | Up to $6,000 |
| Elder Abuse | PC § 368(b) | Wobbler | Misdemeanor: 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. Talk with your La Jolla, CA, domestic violence attorney about the penalties you are actually facing.
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:
- At least 36 months of probation
- The issuance of a restraining order in defense of the alleged victim
- Completion of a 52-week batterer's intervention program
- A minimum $500 payment to domestic violence programs (the court can reduce or waive it if you can't pay)
- Community service
- Removal of firearms
- No new law violations
You may have heard of a California law restricting probation to a maximum of two years (AB 1950). Under current law, this does not apply to domestic violence cases.
Collateral Consequences of a Domestic Violence Conviction
Here are of the potential collateral consequences for a domestic violence conviction in La Jolla:
- Loss of Firearm Rights: A conviction of either domestic battery or corporal injury leads to a loss of firearms rights. Misdemeanor domestic battery convictions are a permanent federal ban and a 10-year California ban. Misdemeanor corporal injury convictions on or after January 1, 2019, and any felony convictions result in a lifetime ban.
- Immigration Consequences: Domestic violence convictions can lead to deportation or block a green card or citizenship. Learn more in the immigration section below.
- Custody: A conviction can trigger the Family Code § 3044 presumption against custody.
- Long-Term Protective Orders: If the court and/or alleged victim choose to pursue restraining orders, you could be subject to them for years, or even permanently.
- Employment and Licensing: If a conviction appears in background checks, it can become a hurdle to future job applications.
- Relationships and Reputation: A conviction can strain your current relationship and follow you socially and professionally.
Domestic Violence Charges and Immigration
For noncitizens, including green card holders, a domestic violence case can be more dangerous than the criminal penalties themselves. Fenderal law INA § 237(a)(2)(E) sets two possible condition for removal:
- Any conviction that fits the federal criteria for domestic violence
- Violention of a DVRO or similar protection order, if found by the court
Some domestic violence offenses can also be treated as crimes involving moral turpitude, which carry their own immigration consequences. While some charges are typically treated more lightly than others (for example, domestic battery often results in less serious consequences than inflicting corporal injury), this is not guaranteed, and can depend on the specific facts surrounding your 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
A domestic violence arrest doesn't have to end in a permanent conviction. Standard misdemeanor diversion under PC § 1001.95 is not available because the law expressly excludes domestic violence and stalking charges. But depending on your case, other options may include:
- Pre-Filing Intervention: If you call an attorney early enough, they may be able to get ahead of the arraignment and show the district attorney evidence which compels them to not even file charges in the first place.
- 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): Current and former service members charged with a misdemeanor may qualify if they suffer from service-related PTSD, traumatic brain injury, sexual trauma, substance abuse or mental health problems.
- 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): After you complete probation, you can generally petition to dismiss the conviction. Expungement helps with most private employers, but it doesn't restore gun rights and doesn't erase the conviction for immigration purposes.
What if the Alleged Victim Recants?
Domestic violence cases are complex affairs, and it's common for the alleged victim to later change their mind and ask the state to drop the charges. Having the alleged victim on your side is a big help, but it rarely ends the case on its own:
- The state can move forward with the case regardless of the alleged victim's wishes. They may try to use 911 calls, statements made to officers at the scene, body-camera video, photos, and medical records. Whether those statements can be used without live testimony is a complex constitutional question, and challenging them is one of the most important tools in a domestic violence defense.
- Your record can be examined. Due to Evidence Code § 1109, the prosecution can use evidence of prior alleged domestic violence acts (typically within 10 years) in your current case.
- Your spouse may be forced to testify against you. A married couple ordinarily is immune to compelled testimony against the other, but California law makes an exception in 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, file motions against other forms of evidence, and build a case that attacks the weaknesses in the prosecution's argument.
Defense Strategies Your Domestic Violence Attorney May Use
The defense to your criminal charges may be built on a common strategy, but it should be tailored to your unique circumstances. Some cases are best defended by challenging how the evidence was gathered. Others may depend on an alibi that shows you weren't there at the time. Still others may be built around intent, if the alleged victim was hurt accidentally.
Here are defense strategies our domestic violence attorneys may use in your case:
- 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: Perhaps you did harm your partner, but were justified by a real, perceived threat.
- Dominant Aggressor: If there was a fight involving both parties, the case can come down to "who started it?" Your lawyer can look for evidence that you were the real victim.
- Lack of Intent or Accident: Both domestic battery and corporal injury require a willful act. Accidental contact, like bumping someone while trying to leave, is not domestic violence.
- No Traumatic Condition: This defense is specific to inflicting corporal injury charges — if no injury occurred as a result of the alleged attack, the charges can be reduced or dismissed.
- Alleged Victim Recants: While the alleged victim cannot drop the criminal charges, their recantation can prove valuable as a part of your defense.
- Reasonable Doubt: In some cases, rather than building a proactive defense, our attorneys challenge the prosecution's evidence and show that they failed to provide proof beyond a reasonable doubt.
- Alibi: When available, an alibi shows you could not have committed the alleged offense.
- Constitutional Violations: If the prosecution's case hinges on evidence that was collected illegally, we will challenge it, file motions to suppress it, and argue for charges to be dismissed entirely.
How the Law Offices of David S. Chesley Defends Domestic Violence Charges in La Jolla, CA
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:
- Initial Consult: Before building your defense, we offer a free review of the charges against you.
- Bail 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.
- Interview Management: If police want to question you, we'll handle that contact and advise you on how to respond.
- Defense Investigation: Between discovery, 911 recordings, body-camera video, medical records and our own investigation, we'll learn every detail of your case.
- Strategy Development: After reviewing the evidence, we'll build a defense strategy tailored to your case.
- Pretrial Motions: Motions are a way for us to suppress evidence, challenge narratives, and even get charges dropped in some cases.
- Plea Negotiations: We use our experience with how La Jolla, CA prosecutors evaluate domestic violence cases to pursue reduced charges, diversion where available, or a dismissal.
- Trial Representation: Most cases end in a plea bargain, but you have the right to a trial — if you exercise it, we'll go to court with you.
- 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 La Jolla, CA
The Law Offices of David S. Chesley has defended La Jolla, CA, residents against domestic violence charges since 2005. When you need a defense attorney in La Jolla, we're ready to take your case.
When you work with us, you're getting:
- Former district attorneys on our team with firsthand knowledge of how domestic violence cases are charged and negotiated.
- Local courtroom experience from a team that services counties across all of California.
- Criminal defense and immigration under one roof, because noncitizens deserve special attention to their unique circumstances.
- Emergency availability, so that you can get a hold of our team around the clock.
- Results for clients. You can see some of our recent case results of how we've delivered for clients.
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.
Past performance does not predict future results.
La Jolla, CA Domestic Violence FAQs
Will I go to jail for a first-time domestic violence offense in La Jolla, CA?
Not automatically. Probation is a common outcome for first-time offenders when there was no major injury. If you are given probation, it will include several terms, including the following: 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 a domestic violence conviction in La Jolla, CA, a felony?
Whether or not a domestic violence conviction is a felony depends on the exact charge. Prosecutors in La Jolla have discretion to charge PC 273.5 as a misdemeanor or a felony, mostly due to circumstance and criminal record. PC 243(e)(1) is always a misdemeanor, though. Related charges such as criminal threats, stalking, and dissuading a witness are also wobblers.
What is the difference between domestic battery (PC 243(e)(1)) and corporal injury (PC 273.5)?
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) is generally considered the more serious offense because it involves causing harm to another person. It can also be charged as a felony.
Can the victim drop domestic violence charges in La Jolla, CA?
No. Even if the alleged victim recants, only the prosecutor can decide not to pursue the case. 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 police arrest me for domestic violence if nobody is hurt?
Yes. Probable cause for a domestic violence arrest can include the alleged victim's story or signs of violence (like property damage) besides an injury — it does not require a visible injury. Visible injuries often count as probable cause, but La Jolla police officers look at the whole picture, not just cuts and bruises.
Am I allowed to go home after release from 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.
What diversion options are available for a domestic violence charge in La Jolla, CA?
Standard misdemeanor diversion under PC 1001.95 is not available for domestic violence charges. However, there are other diversion tracks that you might be able to make use of. One example is PC 1001.36 mental health diversion — if you suffer from a mental health condition like PTSD or bipolar disorder, and that significantly contributed to the commission of the offense, you might be eligible for this diversion track. Ask your lawyer if you qualify for either of these diversion tracks.
Can a domestic violence conviction be expunged in La Jolla, CA?
Usually, yes. After you complete probation, you can generally petition to dismiss the conviction under PC 1203.4, and a felony PC 273.5 conviction may also be reduced to a misdemeanor under PC 17(b). Expungement is a popular option because it can reduce your prior conviction's impact on your future career and housing. It does not restore firearm rights, however.
Will a domestic violence conviction take away my gun rights?
Very likely. Both the state of California and the federal government have legal bans in place for firearm ownership when someone has been convicted of domestic violence: In California, domestic battery convictions carry a 10-year firearm ban. Misdemeanor corporal injury convictions on or after January 1, 2019, and any felony convictions carry a lifetime ban in the state. For the federal government, any domestic violence conviction carries a lifetime firearms ban. Important Note: Always assume that federal law takes precedence over state law in these cases, as they are more restrictive. These are separate from any restraining order restrictions, which often ban firearm possession for their duration.
How long does a domestic violence case take in La Jolla, CA?
Anywhere from a few months to more than a year. After an arrest, you must generally be arraigned within 48 hours, not counting Sundays and holidays. After being charged, the majority of La Jolla criminal cases end in plea deals, but that can still take a long time to process — discovery, investigation, pre-trial motions, preliminary hearings, plea negotiations, and more can all drag a case out for months. If you do end up going to trial, this will further drag out your case.
Can a felony pc 273.5 charge be reduced to a misdemeanor?
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 if I'm served with a restraining order while my criminal case is pending?
Always obey the protective order, even if the alleged victim reaches out. Protective orders are a standard part of domestic violence cases, and if you break any of the conditions, this could be used against you in court. Your defense attorney can challenge the order or ask the court to modify it.
Fight Against Your Domestic Violence Charge in La Jolla, CA, With an Expert Defense Attorney
Get help from a law firm with extensive experience fighting against clients' domestic violence charges. Get help from the Law Offices of David S. Chesley.
Our firm can also assist you with the following legal services in La Jolla, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to an attorney at (800) 755-5174 or get in touch online to plan a free, confidential consultation with a domestic violence lawyer in La Jolla, CA.
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