In San Pedro, CA, the alleged victim can't drop a domestic violence case. Once police make an arrest, the prosecutor decides whether to file charges, and a single 911 call can lead to a protective order that keeps you out of your own home and a case that follows you for years. Whether it was a misunderstanding, an exaggeration, or a false accusation, you need a San Pedro, CA, criminal defense lawyer on your side right away.
Domestic violence means abuse or attempted abuse against a spouse, partner, co-parent, or someone you've dated or lived with. In San Pedro, CA, it's usually charged as domestic battery or corporal injury on a spouse or cohabitant, and the penalties range from probation and a year-long class to years in state prison.
Our San Pedro 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.
Just Arrested? Take These Steps:
- Respectfully refuse to answer questions and request an attorney.
- Call our office (you can reach us by phone 24/7): (800) 755-5174.
- Obey any protective order, and don't contact the alleged victim.
On this page:
- Charges that count as domestic violence in San Pedro
- 7 key steps to take if you're accused
- The post-arrest process for domestic violence
- What you could be facing in terms of protective orders and custody battles
- Domestic violence and related consequences in San Pedro
- The intersection between domestic violence charges and immigration law
- Strategies to mitigate the penalties
- What happens if the alleged victim doesn't cooperate
- Defense strategies
- What you can expect from your defense attorney
- Why choose the Law Offices of David S. Chesley
- FAQs
If you've been accused of domestic violence, act fast. Contact our criminal defense lawyers at (800) 755-5174 or use our contact form now for a free, confidential case review.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
What Counts as Domestic Violence in San Pedro, CA?
For criminal law, California Penal Code § 13700 determines what alleged victims count for domestic violence in California. This mainly includes people with whom you have a current or former romantic relationship.
Family law works differently. For protective orders, you need to be aware of Family Code § 6211. It extends the definition to include parents, grandparents, children, and siblings This means that a domestic violence restraining order has different standards than a domestic violence criminal conviction.
There are three main elements the prosecution will attempt to prove in your San Pedro, CA, domestic violence case:
- You made physical contact with the alleged victim, causing harm or offense (and, for corporal injury, that the touching caused a "traumatic condition");
- There were no extenuating circumstances like self-defense; 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 someone forcibly, violently, or offensively — so long as the alleged victim is a current or former romantic partner.
- 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—examples include broken bones and bruises.
- Misdemeanor or Felony: Wobbler—could be a misdemeanor or a felony
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 San Pedro defense attorney can challenge the presence and/or extend of the injury.
Charges Often Filed With Domestic Violence
In San Pedro, 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. This can count as a strike if charged as a felony.
- 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 breaking a cell phone, such as if done in order to stop them from contacting the police.
- False Imprisonment (PC § 236): Keeping another person from exiting a location.
- 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): 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): Physically or emotionally causing harm to an elderly or dependent adult.
- Sexual Battery (PC § 243.4): Touching an intimate part of another person against their will for sexual arousal, gratification, or abuse.
- Revenge Porn (PC § 647(j)(4)): Posting or sharing pornographic images of another person without their permission, in order to cause stress.
Your Next Steps After a San Pedro, CA, Domestic Violence Accusation
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.
- Exercise your sixth amendment right to an attorney.
- Do what you can to secure pretrial release.
- Read any protective orders carefully and follow all of the applied conditions.
- Gather any evidence that is relevant to your case — don't delete anything, as you could be charged with obstruction of justice.
- Don't hold back when speaking with your defense attorney — they need to know the full story.
- Don't interact with the supposed victim — if they reach out to you, ask your lawyer how to respond.
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.
San Pedro's working-class neighborhoods and port-influenced communities near the Port of Los Angeles create pressures that can lead to domestic violence allegations in high-density housing along Gaffey Street. The Law Offices of David S. Chesley appear at the Los Angeles Superior Court, Long Beach Courthouse, applying strategies tailored to Los Angeles County's specific legal landscape.
What Happens After a Domestic Violence Arrest in San Pedro, CA?
Domestic violence cases move fast. Here's what you need to be prepared for after an arrest in San Pedro, 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: This is standard for any arrest — your fingerprints and photograph are taken, then you'll be sent to 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: Police may try to question you in custody. Politely decline to speak without an attorney.
- Bail and Release: Bail may be available as a way for you to secure pretrial release. Many domestic violence charges mandate a bail hearing where your defense attorney can fight for your release, possibly even on your own recognizance.
- Filing Decision and Arraignment: While you're in custody, the police report is sent to the district attorney's office for review. 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: Before a trial, your defense attorney will review the evidence, file motions where applicable, and try to negotiate a favorable plea deal.
- 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.
Are You Allowed to Go Home After a Domestic Violence Arrest?
Often, not right away. 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. That's true even if the alleged victim wants you back. Breaking a protective 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 San Pedro, CA, isn't just a criminal charge. 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
When facing domestic violence allegations, here are the three typical types of Restraining orders you may be up against:
- Emergency Protective Orders: Requested by police from an on-call judge right after an incident. No arrest is required. They last up to 5 court days or 7 calendar days, whichever comes first, giving the alleged victim time to request a longer 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): 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
Domestic violence findings can reshape a child custody case. Under Family Code § 3044, if a family court finds that a parent committed domestic violence against the other parent, the child, or the child's siblings within the past five years, the law presumes that giving that parent sole or joint custody is not in the child's best interest. No criminal conviction is required. A finding in family court, including one made when a DVRO is granted, can trigger the presumption.
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
- Whether there have been any further acts of domestic violence
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 San Pedro, CA
Without your San Pedro, CA, domestic violence defense attorney, you are facing serious charges. The table below lists what you could face after a conviction of domestic battery, corporal injury, and related offenses in California.
| 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 |
*Please note that some penalties can be enhanced by aggravating circumstances and criminal records. 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 San Pedro, CA, domestic violence attorney about the penalties you are actually facing.
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:
- A minimum period of 3 years
- 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
Collateral Consequences of a Domestic Violence Conviction
Here are of the potential collateral consequences for a domestic violence conviction in San Pedro:
- Loss of Firearm Rights: The different types of domestic violence convictions lead to different types of firearm bans:
- Domestic Battery (Misdemeanor): 10-Year California ban, lifetime federal ban
- Corporal Injury (Misdemeanor): Lifetime California ban (if convicted on or after January 1, 2019), lifetime federal ban
- Corporal Injury (Felony): Lifetime California and federal 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: 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: A conviction can strain your current relationship and follow you socially and professionally.
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:
- Any conviction that fits the federal criteria for domestic violence
- 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. 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.
Don't settle for a plea deal without speaking to an experienced San Pedro, CA, immigration lawyer. This can end up as a conviction on your record, leading to immigration consequences and possibly even deportation. Our firm is prepared to help you fight this and file for 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: Before charges are filed, your attorney can present evidence to the prosecutor and argue that the case shouldn't be filed at all, or should be filed as a lesser charge.
- 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): If you are a current or past member of the United States armed forces, and were charged with a misdemeanor, military treatment court may offer a problem-solving focus, rather than a punishment focus.
- Reduction to a Misdemeanor (PC § 17(b)): This specifically applies for felony corporal injury cases — a reduction to a misdemeanor helps you avoid some of the most serious consequences of a conviction.
- 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 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. Having the alleged victim on your side is a big help, you're still facing an uphill battle:
- The district attorney decides when to drop the case, not the supposed victim. If they can, they'll build a case against you using other evidence besides the alleged victim's testimony. Your defense attorney can challenge the constitutional viability of any related evidence they attempt to use.
- Prior incidents can come in. Evidence Code § 1109 allows prosecutors to introduce evidence of other alleged acts of domestic violence, generally from the past 10 years.
- They can compel your spouse to testify. 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. Under Evidence Code § 1219, a domestic violence victim who refuses to testify about the abuse can't be jailed for contempt.
Be Careful: 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 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 domestic violence lawyer will evaluate the specifics of your case and choose the defense that fits it best. Some cases are best defended by challenging how the evidence was gathered. Or perhaps you can show that there was a false accusation, and you're actually innocent. 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: This is particularly pertinent in cases involving child custody — it's possible the accusations were made in bad faith. Your defense attorney should consider the potential motives of the accusor.
- 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: 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: 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 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: 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 San Pedro, CA
The Law Offices of David S. Chesley specializes in criminal defense and has extensive experience fighting domestic violence charges. This is what you can expect for your case:
- Initial Consult: Before building your defense, we offer a free review of the charges against you.
- Bail and Protective Orders: If you are not offered release by the court, we'll argue for lower bail and challenge any protective orders.
- Defense Against Interrogations: If police want to question you, we'll handle that contact and advise you on how to respond.
- Defense Investigation: Our team will listen to your story and look for any additional evidence.
- 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.
- Pretrial Motions: Motions give us a chance to challenge evidence and push for charges to be reduced or dismissed.
- Plea Negotiations: Our firm can talk to the San Pedro district attorney and explore plea deal options.
- Trial Representation: If your case goes to trial, we'll present your defense to the judge and jury.
- 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 San Pedro, CA
The Law Offices of David S. Chesley has offered California criminal defense since 2005, and is prepared for your San Pedro, CA, domestic violence case. We've been judges, prosecutors, and police officers, and we know where common weaknesses are in the state's cases.
Here's what sets us apart from other criminal defense firms in San Pedro, CA:
- Former district attorneys on our team who know the ins and outs of domestic violence charges from the prosecution's perspective.
- Combination criminal defense and immigration services, because noncitizens deserve special attention to their unique circumstances.
- Emergency availability, because domestic violence arrests rarely happen during business hours.
- Results for clients. Read about our recent case results, including domestic violence cases.
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.
Past performance does not predict future results.
San Pedro, CA Domestic Violence FAQs
Will I go to jail for a first-time domestic violence offense in San Pedro, CA?
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: a minimum of 36 months of probation, a 52-week batterer's intervention program, and a protective order. To maximize your chances of avoiding jail, be sure to work with an experienced defense attorney.
Is domestic violence a felony in San Pedro, CA?
Whether or not a domestic violence conviction is a felony depends on the exact charge. Prosecutors in San Pedro 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 can also be charged as either a misdemeanor or a felony.
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 different in that the touching resulted in a traumatic injury, such as a bruise. It is also different in that it can be charged as a felony, at the prosecutor's discretion.
Can the victim drop domestic violence charges in San Pedro, CA?
No. Regardless of what the supposed victim wants, only the prosecutor can decide not to pursue the case. In San Pedro, CA, that is the local District Attorney or, for many misdemeanors, possibly a city prosecutor. It's always helpful to have the victim recant, as that can give your defense attorney a way to challenge the prosecution's case.
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 San Pedro police officers look at the whole picture, not just cuts and bruises.
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. Under federal immigration law, a conviction for a "crime of domestic violence" and a court finding that you violated certain terms of a protective order are both separate grounds for deportation, and some domestic violence offenses are also treated as crimes involving moral turpitude. A full defensive strategy should include considerations for immigration impacts, and your criminal defense attorney should be someone who can represent you in immigration court as well.
What diversion options are available for a domestic violence charge in San Pedro, 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. That said, depending on your background and circumstances, you might have other options. For example, PC 1001.80 provides current and former U.S. military personnel a diversion option for certain offenses (including some domestic violence charges), if they are suffering from specific, often service-related, challenges. If you complete diversion successfully, the charges are dismissed.
Can a domestic violence conviction be expunged in San Pedro, CA?
Usually, yes. Generally, you need to fit the following criteria:
- You did not serve a jail sentence (e.g., you were granted probation).
- You have completed all probation requirements.
- You have no pending criminal charges or warrants.
- You have not previously been convicted of a serious offense that bars you from expungement.
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.
Can I lose my firearm rights for a misdemeanor domestic violence conviction?
Outside of special circumstances, yes. 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. 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 San Pedro, CA?
Anywhere from a few months to more than a year. If you are in custody, the state has 48 hours to either charge you with a crime or release you (excluding Sundays and holidays). After being charged, the majority of San Pedro 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 corporal injury charge be reduced to a misdemeanor in San Pedro?
Yes. Because PC 273.5 is a wobbler, you could be charged with either a misdemeanor or a felony. Your domestic violence lawyer can advocate for a reduction to a misdemeanor at many stages: During a pre-filing investigation conference, plea negotiations, at sentencing, or even after you've completed your probation requirements.
What should I do if I'm served with a restraining order while my criminal case is pending?
Obey every condition of the order, or you could end up facing additional charges. Most domestic violence cases include restraining orders against the alleged offender, 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.
Talk to a San Pedro, CA, Domestic Violence Defense Lawyer Now
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 San Pedro, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Call us at (800) 755-5174 or reach out online to schedule a private review of the charges against you with a domestic violence lawyer in San Pedro, CA.
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