You never thought it would come to this. Maybe it was self-defense. Perhaps your hand slipped by mistake. Or the allegations might be made up. Now, you could lose your house, your children, your freedom, and even more. But you're not alone. Your criminal defense attorney in San Bernardino, CA will fight for 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 San Bernardino domestic violence defense team has handled countless criminal defense cases in California, many of them just like yours. Domestic violence is one of our main case types, and we will leverage our years of experience (both in defense and prosecution) to build a tailored defense for you against the charges.
3 Key Steps to Take After a Domestic Violence Arrest:
- Politely decline to answer questions.
- Reach out to a lawyer (you can contact us at all times): (800) 755-5174.
- Stay in line with any pre-trial release conditions.
On this page:
- How domestic violence is defined
- How to handle accusations
- The different parts of the post-arrest process in San Bernardino, CA
- What you could be facing in terms of protective orders and custody battles
- Possible formal and collateral consequences of a domestic violence conviction
- Special considerations for immigrants and non-citizens
- Different diversion options that you may want to explore
- What to be aware of if the supposed victim does not want to testify
- Powerful defensive tactics
- The different steps we take in building a defense
- Why choose the Law Offices of David S. Chesley
- Common questions
If someone is saying that you committed domestic violence, act fast. Get help from our criminal defense lawyers at (800) 755-5174 or reach out online today for a free, confidential consultation.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
How Does San Bernardino, CA, Define Domestic Violence?
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 no-contact orders, you need to be aware of Family Code § 6211. It extends the definition to include parents, grandparents, children, and siblings Because of these dual sets of definitions, you can face a domestic violence restraining order without an underlying criminal charge.
In criminal court, domestic violence is most often charged as one of two crimes: domestic battery or corporal injury on a spouse or cohabitant. To convict you of either one, the prosecutor must prove beyond a reasonable doubt that:
- You intentionally and aggressively touched the alleged victim (and, if charged under PC § 273.5, that the touching caused trauma);
- You did not act in lawful self-defense or in defense of someone else; 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: Touching a current or former spouse, dating partner, or cohabitant, or a coparent, in a hurtful way (including offensively — it doesn't matter whether or not any injury was caused.
- 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 (can be charged either way)
The Key Distinction: 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 San Bernardino, 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): Threatening to kill or seriously injure someone in a way that causes them reasonable, sustained fear. If convicted as a felony, this falls under California's three strikes law.
- 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): 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): Acting in violation of a restraining order issued by the court.
- Child Abuse (PC § 273d): Willfully inflicting cruel or excessive physical punishment or injury on a child, sometimes charged when a child is hurt during a domestic incident.
- Elder Abuse (PC § 368): Either hurting an elderly person/dependent adult, leaving them in a harmful situation, or committing fraud against them.
- 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)): Posting or sharing pornographic images of another person without their permission, in order to cause stress.
What to Do if You've Been Accused of Domestic Violence in San Bernardino, 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:
- Plead the Fifth Ammendment.
- Exercise your sixth amendment right to 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.
- Don't hold back when speaking with your defense attorney — they need to know the full story.
- 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 phones are ready 24/7 if you have any questions: (800) 755-5174.
In San Bernardino, domestic violence allegations often intersect with family law disputes near the courthouse district along North Arrowhead Avenue. The Law Offices of David S. Chesley appear at the San Bernardino District Family Law Division, applying strategies informed by the county's specific protective order procedures and local law enforcement practices.
What Happens After a Domestic Violence Arrest in San Bernardino, CA?
It's normal to be scared or overwhelmed after police take you into custody. Here's what you need to be prepared for after police show up in San Bernardino, CA:
- Arrest: Officers only need probable cause. In San Bernardino, 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).
- Booking: During booking, the jail will take down your basic information, collect your things, and fingerprint you.
- 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.
- Police Questioning: Police may try to question you in custody. While you should be respectful, you should not answer any questions without a lawyer present.
- 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). Your attorney can argue for your release at that hearing.
- Filing Decision and Arraignment: While the police make an arrest, they aren't the ones that charge you. The decision on what to charge rests with the prosecutor. 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. In addition to hearing the charges, it's common for judges to issue a protective order against you in domestic violence arraignments.
- Pretrial Stage: Your attorney reviews discovery, investigates, files motions, and negotiates with the prosecutor while preparing for trial.
- Trial: If the prosecutor won't work with you, and/or none of the plea bargains they offer are acceptable, your attorney will stand by your side while you fight for a favorable verdict in court.
Can You Go Home After a Domestic Violence Arrest?
In many San Bernardino, CA, domestic violence cases, you will have to wait. 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.
Breaking a protective order, whatever the circumstances, can have a major, negative impact on your case. Instead of taking the risk by visiting the alleged victim in violation of your order, you should ask your defense attorney about options like a "peaceful contact" order that would lighten the restrictions.
Domestic Violence, Restraining Orders, and Custody
San Bernardino, 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
Restraining orders (also called protective orders) come in several types:
- 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): Requested by the alleged victim in family court. A temporary order can be issued the same day without notice to you and lasts until a hearing, usually within about three weeks. After the hearing, a DVRO can last up to 5 years and can be renewed for another 5 years or permanently (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.
You're fighting an uphill battle, but it's not impossible. The judge will consider:
- Whether giving that parent custody is in the child's best interest
- 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
The good news is that, even if custody is revoked, the accused parent will likely still have visitation rights, with restrictions. Your lawyer can help you file countermotions to regain custody and/or lift those restrictions.
Domestic Violence Penalties in San Bernardino, 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 San Bernardino, 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. Always consult with your San Bernardino, CA, domestic violence attorney to understand the possible penalties for your case.
Domestic Violence Probation
It's common for domestic violence plea deals to result in probation, rather than jail time. Mandatory probation conditions are set in PC § 1203.097:
- At least 36 months of probation
- The issuance of a restraining order in defense of the alleged victim
- Completion of a year-long 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
- Surrender of firearms
- No new law violations
California's 2021 law capping most probation terms at one or two years (AB 1950) does not shorten domestic violence probation, because the domestic violence probation statute sets its own length.
Collateral Consequences of a Domestic Violence Conviction
In addition to jail time and fines, your San Bernardino, CA, domestic violence conviction can lead to the following:
- Loss of Second Amendment 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 count as a crime of moral turpitude, leading to deportation. See the immigration section below.
- Custody: A conviction often leads to the full loss of child custody after a family court case.
- 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: A conviction appears on background checks and can affect professional licenses, security clearances, and jobs working with children or vulnerable adults.
- Relationships and Reputation: If people find out about your conviction, they may not want to associate with you.
Domestic Violence Charges and Immigration
Immigrants and non-U.S. citizens face additional challenges on top of criminal penalties. Fenderal law INA § 237(a)(2)(E) sets two possible condition for removal:
- A conviction for a crime of domestic violence, as defined in U.S. federal law
- Violention of a DVRO or similar protection order, if found by the court
Several domestic violence and related criminal convictions count as "crimes involving moral turpitude," which are particularly problematic for immigrants. 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.
Because our firm practices both criminal defense and immigration law, our criminal defense team and San Bernardino, CA, immigration attorneys can work together to pursue a resolution that protects your status where possible. Never accept a plea in a domestic violence case without immigration advice. If you're already facing removal, learn about cancellation of removal.
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): If a diagnosed mental health condition played a role in the alleged offense, the judge may pause the case while you complete treatment (up to 2 years for a felony or 1 year for a misdemeanor). If you complete it successfully, the charges are dismissed.
- 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)): Inflicting corporal injury can be charged as either a felony or a misdemeanor — your attorney can bargain for a reduction with the prosecutor, argue for misdemeanor status at sentencing, or petition for reduction after the completion of probation.
- Expungement (PC § 1203.4): Expungement is a chance to clear your public record of the conviction, and is often a major help for moving forward with your career — but it does not restore firearm rights, and the conviction can still be used against you in immigration court.
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, their words can still be used against you:
- The district attorney decides when to drop the case, not the supposed victim. 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. 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 jailed for refusing to testify. Under Evidence Code § 1219, a domestic violence victim who refuses to testify about the abuse can't be jailed for contempt.
NEVER reach out to the alleged victim in your domestic violence case. This could be construed as intimidation, regardless of your intentions. If they do want to recant, tell your defense lawyer, who can help take their statement. Your attorney can lawfully inform the court that the supposed victim is recanting, challenge previous statements if brought up by the prosecution, 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. Some cases are best defended using procedural errors, like pointing out rights violations. Or perhaps you can show that there was a false accusation, and you're actually innocent. And others concede that someone was hurt but dispute intent or who started it.
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. If the alleged victim's motives are in question, we will highlight that.
- Self-Defense or Defense of Others: You can lawfully use reasonable force to protect yourself or someone else from imminent harm.
- 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: 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: 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: 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 in San Bernardino, CA
Our team is available 24/7 to get started on your case. When you call, here's what you can expect:
- Free Case Review: Before you make a decision, we offer a no-obligaction review of your case.
- Release and Protective Orders: We will fight for pretrial release in your case, and if there is a protective order against you, we'll fight for its reduction so that you can go back home.
- Interview Management: Don't try to face a police interrogation alone — we will stand by your side 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: Your defense should be specific to your circumstances, not a cookie-cutter tactic.
- 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 San Bernardino, CA prosecutors evaluate domestic violence cases to pursue reduced charges, diversion where available, or a dismissal.
- Trial Representation: If you don't get a plea deal that you want to accept, we'll go to trial and argue your case in front of a judge and jury.
- Sentencing Advocacy and Appeals: We don't stop after the trial — if convicted, we'll advocate for a lower sentence and help you explore appeal options.
Why Choose the Law Offices of David S. Chesley for Domestic Violence Defense in San Bernardino, CA
Our firm has over 50 years of combined courtroom experience. Our team includes former prosecutors who know how the state builds these cases, and where they tend to break down.
Our San Bernardino defense team can offer you:
- Former district attorneys on our team who know the ins and outs of domestic violence charges from the prosecution's perspective.
- 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 a previous case, our client was accused of violating a domestic violence restraining order for visiting his wife's residence when he was not supposed to. We negotiated a plea that kept him out of jail.
Prior results do not guarantee a similar outcome.
San Bernardino, CA Domestic Violence FAQs
Will a first-time domestic violence conviction in San Bernardino, CA, result in jail time?
It's possible to go to jail for a first-time offense, but not guaranteed. If your case is charged as a misdemeanor, there's a good chance you can secure probation instead of jail time. Some of the conditions of domestic violence probation are: at least 36 months of probation, a 52-week batterer's intervention program, and a restraining order. An experienced defense lawyer can often negotiate a reduced charge or a better outcome.
Does California consider domestic violence a felony?
That depends on what the San Bernardino prosecutor chooses to charge in your case. 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 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 San Bernardino, CA?
No. Once charges are filed, only the prosecutor can drop the charges. 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. 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 San Bernardino 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. According to 8 U.S. Code § 1227, noncitizens convicted of domestic violence, stalking, child abuse, and/or violation of a restraining order are eligible for deportation. Because of these wide-reaching ramifications, you should always consult with an immigration attorney before accepting any plea offer.
Can I get diversion for a domestic violence charge in San Bernardino, CA?
Typically, diversion is not an option in San Bernardino domestic violence cases, because PC 1001.95 specifically excludes these case types (as well as many sex offenses). 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 San Bernardino, CA?
Typically, 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). 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. Typically, a misdemeanor conviction does not result in a firearms ban, but domestic violence charges are an exception. Due to the elevated risk factors firearms pose in domestic violence situations, both the California State and U.S. Federal governments have imposed harsh restrictions on firearm ownership for domestic violence offenders. Any domestic violence conviction will result in a lifetime federal firearms ban. California's state laws depend on the specifics of your case: A misdemeanor PC § 243(e)(1) conviction is only a 10-year California firearm ban, while a misdemeanor PC 273.5 conviction on or after January 1, 2019 is a lifetime California ban, as is any felony conviction. 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 San Bernardino, CA?
You should expect your case to take at least a few months, possibly over a year to resolve. If you are in custody, the initial arraignment and bail phase typically occurs within 48 hours (excepting Sundays and holidays). After being charged, the majority of San Bernardino 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 domestic violence charge be reduced to a misdemeanor?
Yes. Because inflicting corporal injury on a spouse or cohabitant 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?
Strictly obey every condition, or you could end up facing additional charges. Protective orders are a standard part of domestic violence cases, and a violation can bring new charges and hurt your criminal case. These orders can be challenged, though — the right defense attorney can help you make your case in court.
Get Help From an Expert San Bernardino, CA, Domestic Violence Lawyer
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 San Bernardino, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to a lawyer at (800) 755-5174 or send us a message to set up a no-strings attached case review with a domestic violence lawyer in San Bernardino, CA.
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