San Bernardino Domestic Violence Attorney

We are criminal defense lawyers that protect the rights of those accused of domestic violence in San Bernardino.

Domestic abuse affects thousands of families, but that does make the charges any less serious. Under California domestic violence laws, it is a crime to harm, or threaten to harm, an intimate partner. Sadly, many people are wrongfully accused of violating California’s domestic violence laws. Innocent people get caught up in these laws or are given unfair sentences.

With so many people being wrongfully accused in domestic abuse cases, it’s important that your best interests are protected from day one. The Law Offices of David S. Chesley are here to help. We will review the details of your case and give you an honest assessment of your options.

Domestic Violence Under California Law

Domestic violence is a hot-button topic that we often see in television and movies. Because of this, people often think that they have an understanding of what domestic abuse is. In the eyes of the law, however, it’s a bit more complicated.

If you have been charged with domestic abuse, it’s important to know what you are being charged with and why. You may be surprised by some of the actions that can be considered domestic violence under California law.

California Penal Code Section 13700 defines domestic violence as having two key components:

• Intentionally or recklessly causing or attempting to cause harm
• Placing another person in a situation where they may be injured

To help you understand exactly what these two points mean, let’s explore in more detail.

First, domestic violence doesn’t have to be purposeful. If you are engaging in reckless behavior and hurt someone in the process, it can still be considered abuse. For example, if you are driving recklessly with your spouse in the car because you are angry and she gets hurt, this could be considered domestic violence.

Second, you can be charged with domestic abuse even if the other person wasn’t hurt. Of course, it’s always easier to fight cases when a person is not injured, but all the courts need to see is that intent to harm was there. Lastly, you can be charged with abuse if you threatened someone and made them fearful for their safety.

As you can see, many actions can result in a charge of domestic abuse, so it’s important that you retain an experienced and qualified team of domestic violence defense lawyers in San Bernardino. The Law Offices of David S. Chesley will help you navigate California’s domestic violence laws and the most effective ways to fight these charges.

Who is Domestic Violence Committed Against?

Domestic violence is often thought to be aggressive behavior in the home, usually between a husband and wife. However, “domestic” can refer to any number of individuals within a family or home. Here are the victims that domestic abuse is most commonly committed against:

• Spouse
• Former spouse
• Cohabitant
• Former cohabitant
• Fiance
• Roommates who share expenses
• Adult sibling who lives with you

To clarify, you can be charged with domestic abuse even if the victim is not your spouse. However, it’s not always clear as to what “cohabitation” is. Is this a person you are currently dating? Do they need to live with you for the abuse to be domestic?

What is the Role of Cohabitation?

In California, prosecutors look at various factors to determine if a person can be considered a cohabitant. Some people think that a cohabitant is someone who lives with them, but this individual is more than a roommate. Some of the information that the prosecutor will want to know are:

• Whether you had a sexual relationship
• Whether you shared expenses and/or income
• Whether you shared ownership of the property
• Whether you told mutual friends of your relationship
• How long the relationship lasted

Domestic abuse laws are intended to protect more people from domestic violence, but they can sometimes cause unnecessary suffering for innocent people. The best way to protect your interests is by retaining an experienced San Bernardino domestic violence defense attorney. The Law Offices of David S. Chesley will review your case and help you understand your legal options.

Domestic Violence Penalties

A conviction for domestic violence can carry serious penalties. Many people are concerned about their reputation among friends, family and the community. Domestic abuse charges may also result in jail time and legal fees. However, there are other consequences that can happen as well, including:

• Restitution to the victim
• Participation in a batterer intervention program
• Loss of custody of children
• Restraining order
• Losing your right to bear arms
• Problems with immigration status

Like other types of abuse, the penalties are often in line with the type of abuse that occurred. For example, if the injuries sustained to the other person were serious and included burns or broken bones, the penalties may be steeper. If you used a weapon and/or have a criminal history, you may also be looking at harsher consequences. The details surrounding the violence can have a big impact on how your case is viewed in court.

California does have specific penalties that are issued for certain crimes. This makes it easier to issue the appropriate punishments for the abuse.

• Corporal injury to a spouse or cohabitant. (California Penal Code 273.5) This is a felony that carries a prison term of two-four years, or imprisonment in the county jail for one year or less. It is also punishable by a fine of up to $6,000.
• Domestic battery. (California Penal Code 243(e)(1)) Imprisonment in a county jail for one year or less with fines of $2,000 or less. You may qualify for probation in place of prison time, but expect to pay for the victim’s counseling and other expenses.
• Child abuse. (California Penal Code 273d) Child abuse is a felony that is punishable by two-six years, or imprisonment in the county jail for one year or less, and a fine of up to $6,000.

Call Our San Bernardino Criminal Defense Attorneys for a Free Case Evaluation

Being charged with domestic abuse is scary and confusing. Not only are you dealing with criminal charges, but also they are personal and involve someone close to you. Let our domestic violence attorneys in San Bernardino look over your case and help with your defense. Perhaps you were acting in self defense, or you were coming to the defense of a relative.

Call our California criminal defense attorneys for your free consultation.