In San Diego domestic battery cases are often filed with little or no contact between investigators and the alleged victim. A defendant who suffers an arrest for domestic violence can feel helpless, as though the entire system is setup to place blame and guilt without considering the actual facts of the case. Battery cases under CA PC 242 includes many other more specific offenses relating to battery.
The work of a San Diego criminal defense lawyer begins by speaking with the client to establish the true facts of an incident. Building a strong defense to any case takes years of experience and knowing where to find the answers. Arrest reports written by police can be strongly biased against one party and often leaves out crucial details that can be the difference between a dismissal and a serious conviction.
Any criminal case relating to domestic violence requires that the accused be present at court during the arraignment. Even if you have hired a private attorney the law requires the defendant to come in court to person and hear the formal charges against him. Anyone charged with domestic battery under CA PC 243(e)(1) must come to arraignment and enter a plea of not guilty.
Battery in general is defined in the penal code as "a willful use of force or violence against another person." The legal definition is very broad and is charged by prosecutors in cases where no offensive touching or contact even occurred. Domestic battery cases are unique because they involve a victim who is either a spouse, girlfriend, boyfriend or other cohabitant. Prosecutors and police in San Diego look at domestic violence cases very carefully, and have entire divisions of investigators assigned only to domestic violence cases.
An experienced San Diego criminal attorney knows how to handle every aspect of a serious domestic battery case. All battery cases are classified as "wobblers", and the prosecutor can chose to file the case as a misdemeanor or felony. The decision depends on how serious the injuries are to the alleged victim and the context of the entire incident. An argument between a husband and wife which escalated to a physical altercation is a common set of facts in many police reports. What is not clear in many domestic violence cases is who initiated the physical contact and which party was the primary aggressor.
Criminal lawyer Mark Greany begins each case by hiring private investigators to look at every aspect of the alleged crime. Interviewing witnesses and the alleged victim are the first steps in fighting cases like this. Evidence of past misconduct by the victim, false police reports and violent acts taken against the defendant can all help build a defense.
Criminal Protective Order
The criminal law provides a judge in a domestic violence case the power to issue a criminal protective order against the defendant. This order is difficult to oppose and most judges will grant this automatically in any DV related case. The protective order has serious consequences to anyone facing criminal charges. An experienced San Diego criminal lawyer can help prepare your case in the earliest stages and assemble crucial evidence and witnesses. The outcome of your case is never set in stone, years of criminal defense experience and knowledge of the local courts can help you fight any charges.
Concat the experienced criminal defense lawyers of Gedulin & Greany today for a free case consultation.