A disturbing trend has been in place for years, and it includes a growing number of domestic violence accusations in San Diego.
Domestic violence is taken very seriously by California law enforcement officers and prosecutors. The California Department of Justice reports police agencies field between 150,000 to 250,000 calls for domestic violence annually, and a significant percentage of those involve weapons. Police consider these calls among the most volatile, and any accusation accompanied by any sign of injury is almost certain to result in an arrest. Call the Law Offices of Mark Deniz at (858) 751-4384 to get started on your case.
The police can go to an incident. If there is a hint of touching the police make an arrest. The police also book someone in as a felony, which means that people are often spending several thousands of dollars to get out of jail. If this is your situation you need to stop getting on the San Diego Domestic Violence track and get working on the defense of your case.
Domestic violence case can range from a simple assault case to the more complex domestic violence cases in which clients face long jail sentences and other negative effects stemming from a criminal record.
The San Diego District Attorney’s office have budgets that allow for a special unit solely dedicated to the prosecution of domestic violence cases. This is one reason why defendants must carefully select a San Diego domestic violence lawyer who is experienced in domestic assault defenses and who is not afraid to aggressively represent his client. Mark Deniz spent almost ten years as a prosecutor, including an assignment as a domestic violence prosecutor. Call the Law Offices of Mark Deniz at (858) 751-4384 to get started on your case.
Provide the prosecution information NOW
The prosecution will receive the arrest reports from the police. The prosecution has to decide whether to issue charges on a person. They do not know who the victim and defendant are other than they were a couple. It is key when someone has little or no previous record to provide information ahead of time to the prosecutor. You want to be proactive and provide the following:
– Photos that show how you really look (not how you look on the booking photo)
-Letters of recommendations showing your character
These documents are the start of the information you ideally want to provide to the prosecution BEFORE the first court date.
The best way to get this information to the prosecutor is to obtain a proactive attorney and get started on your defense. Call the Law Offices of Mark Deniz at (858) 751-4384 to get started on your case.
Some more information on Domestic Violence
San Diego domestic violence cases have many unintended consequences. Domestic Violence programs last up to a year. You need an experienced attorney to start working on your defense by obtaining statements and preserving any physical evidence. Mark Deniz can do this. The right evidence, presented to the prosecutor in the correct way, can turn your case around. I have successfully handled hundreds of domestic violence cases.
Call the Law Offices of Mark Deniz for a free case evaluation 858-429-9982.
273.5. (a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. (b) Subdivision (a) shall apply if the victim is or was one or more of the following: (1) The offender’s spouse or former spouse. (2) The offender’s cohabitant or former cohabitant. (3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243. (4) The mother or father of the offender’s child. (c) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section. (d) As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. (e) For the purpose of this section, a person shall be considered the father or mother of another person’s child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code. (f) (1) Any person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000). (2) Any person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine. (g) If probation is granted to any person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097. (h) If probation is granted, or the execution or imposition of a sentence is suspended, for any defendant convicted under subdivision (a) who has been convicted of any prior offense specified in subdivision (f), the court shall impose one of the following conditions of probation: (1) If the defendant has suffered one prior conviction within the previous seven years for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days. (2) If the defendant has suffered two or more prior convictions within the previous seven years for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days. (3) The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause. (i) If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements: (1) That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. (2) (A) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. (B) For any order to pay a fine, make payments to a battered women’ s shelter, or pay restitution as a condition of probation
under this subdivision, the court shall make a determination of the defendant’s ability to pay. An order to make payments to a battered women’s shelter shall not be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. (j) Upon conviction under subdivision (a), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation. (k) If a peace officer makes an arrest for a violation of this section, the peace officer is not required to inform the victim of his or her right to make a citizen’s arrest pursuant to subdivision (b) of Section 836