A Protective and Informative Guide by an Experienced Criminal Defense Attorney
If you’ve been arrested for domestic violence in San Luis Obispo County, it’s important to understand your rights and how to protect yourself. Domestic violence accusations can carry serious consequences, and in many cases, the evidence used against you is based on one person’s account of what happened. However, this evidence doesn’t always paint the full picture.
In this guide, we’ll walk you through the key steps to take after an arrest for domestic violence, the potential consequences of a conviction, and how a skilled criminal defense attorney can help you protect your future.
So let’s begin…
Did You Know?
Hiring a skilled criminal defense attorney to advocate on your behalf immediately after your domestic violence arrest in San Luis Obispo County, and before the prosecutor’s office files any charges against you, can help your case, and in some circumstances, can lead to the prosecutor’s office deciding to not file charges against you.
Yes, you heard me correctly.
Just because you were arrested for a felony domestic violence offense, that does not mean that felony charges will automatically be filed against you by the prosecutor’s office.
One possibility is that despite your arrest, the prosecutor’s office may choose to not file any charges against you.
Another possibility is that despite your arrest for a felony domestic violence offense, if charges are formally filed, the prosecutor’s office could elect to file only a misdemeanor, with far less serious consequences than a felony.
The Legal Process After an Arrest for Domestic Violence
After an arrest for domestic violence, the police gather evidence and submit their findings to the prosecutor’s office, which will then decide whether to file charges. But it’s essential to remember that the police report may not include all relevant facts, such as:
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Inaccuracies in the police report
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Key witnesses who were not interviewed
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Critical pieces of evidence that weren’t gathered
What Does This Mean?
Even if you’re arrested, it doesn’t necessarily mean that criminal charges will automatically follow. There are several possibilities:
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The prosecutor may choose not to file any charges.
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If charges are filed, the prosecutor could opt for a misdemeanor instead of a felony, resulting in less severe consequences.
Potential Consequences of a Domestic Violence Conviction
California law addresses domestic violence through several Penal Code sections. The most common charges we see in San Luis Obispo County are:
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Misdemeanor Domestic Battery (PC 243(e)(1))
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Domestic Battery with Willful Infliction of Corporal Injury (PC 273.5(a))
PC 243(e)(1) – Misdemeanor Domestic Battery
Under PC 243(e)(1), domestic battery occurs when there is willful and unlawful force or violence against a spouse, cohabitant, child’s parent, or former spouse. This charge does not require physical injury, only that the contact was harmful or offensive.
Potential Consequences of a Misdemeanor Domestic Battery Conviction:
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Fines or restitution payments
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Up to 364 days in county jail
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Completion of a domestic violence program (26–52 weeks)
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Issuance of a criminal protective order, which may lead to:
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A restraining order
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Loss of gun rights
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Child custody restrictions
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Immigration consequences for documented and undocumented individuals
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Professional license loss for various professions
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Permanent criminal record
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PC 273.5(a) – Domestic Battery with Willful Infliction of Corporal Injury
PC 273.5(a) involves the willful infliction of injury on a spouse, cohabitant, or child’s parent. This charge may be classified as either a misdemeanor or felony, depending on the severity of the injury and other factors.
Potential Consequences of a Felony Domestic Battery Conviction:
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Fines or restitution payments
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Jail or prison time (up to 4 years for felony convictions)
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Domestic violence program completion
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Criminal protective order, resulting in:
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Restraining orders
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Loss of gun rights
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Child custody restrictions
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Immigration consequences
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Professional license consequences
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Permanent criminal record
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Why You Need an Experienced Criminal Defense Attorney
Domestic violence charges carry serious consequences that can impact your personal, professional, and family life. Here’s why it’s crucial to act quickly and secure experienced legal representation:
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Gathering Evidence Early: The sooner you consult with an attorney, the better the chances of gathering key evidence in your favor before charges are filed.
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Building a Strong Defense: Your attorney can analyze the police report, gather missing evidence, and identify witnesses who can help your case.
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Negotiating with Prosecutors: With the right strategy, an attorney can work to get charges reduced or even dismissed.
Defending Against Domestic Violence Accusations
When you’re accused of domestic violence, the police often base their report on just one person’s account of the incident. If crucial information is missing or there are inaccuracies in the report, your attorney can present this to the prosecutor’s office. In many cases, this can prevent charges from being filed or result in a reduction from felony to misdemeanor charges.
Military Diversion for Misdemeanor Domestic Violence Charges
If you’re a current or former member of the U.S. military, you may be eligible for a Military Diversion Program under California Penal Code Section 1001.80. This program allows military members to delay criminal proceedings for misdemeanor domestic violence charges while receiving treatment for conditions like PTSD, traumatic brain injury, or substance abuse. Successful completion of the program can result in a dismissal of charges.
Your Right to Remain Silent
After an arrest for domestic violence, the police may attempt to get you to make a statement. It’s critical that you do not make any statements until you consult with a criminal defense attorney. Anything you say can be used against you in court, and it’s your constitutional right to remain silent.
If contacted by the police, simply say:
“I’m not going to talk with you until I speak to a lawyer.”
Protecting Your Professional and Immigration Status
Domestic violence charges can also have serious consequences for your professional license or immigration status:
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Professional Licenses: If you’re a doctor, lawyer, teacher, or hold another professional license, a conviction could lead to disciplinary action or even revocation.
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Immigration Consequences: For non-citizens, a domestic violence charge could jeopardize your immigration status or future applications for permanent residency.
At Stein-Conaway Law Firm, we have extensive experience helping clients protect their professional licenses and immigration status during a criminal case.
What to Do Next
Time is critical when facing domestic violence charges. If you’ve been arrested or accused of domestic violence, the best thing you can do is contact a skilled criminal defense attorney immediately. The sooner we start working on your case, the better your chances of avoiding serious consequences.
Call us at 805-439-6069 for a free consultation and begin building your defense today.