Rancho Santa Margarita Domestic Violence Lawyer

Rancho Santa Margarita Criminal Defense Lawyer

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Domestic Violence Attorney In Rancho Santa Margarita, CA

Facing domestic violence accusations can be overwhelming. The consequences of a conviction can have serious repercussions, affect someone’s permanent record, and affect their opportunities for the future. If you are facing domestic violence charges, there is no reason to face them alone. If you are facing these life-altering charges, get the help from Rancho Santa Margarita domestic violence lawyers with the knowledge and experience that you deserve.

At Brown & Stedman LLP, our attorneys have been working for decades to advocate on behalf of California residents, ensuring quality advocacy to clients across a broad range of legal issues. With a track record of success across a range of litigation, our criminal defense attorneys will provide seasoned counsel that is results-oriented. Our Rancho Santa Margarita domestic violence lawyers are prepared to offer you counsel and advocate on your behalf.

Best Rancho Santa Margarita Domestic Violence Lawyer

Domestic Violence Charges in California

While domestic violence laws rightly exist to protect victims, it is an unfortunate truth that false allegations or misconstrued statements of fact do occur. The most common charges filed for domestic violence cases fall under domestic battery, which is covered by Penal Code Section 243 (e)(1), and corporal injury to spouse or cohabitant, which is covered by Penal Code Section 273.5.

Domestic violence charges are not uncommon allegations. In 2023, there were 18 calls per hour reporting domestic violence in California. Common consequences for a domestic violence conviction include:

The possibility of jail time. This includes up to one year in prison for misdemeanor offenses, with the possibility of more for felonies.
The court ordered anger management classes. The length of the course may vary and depend on the severity of the conviction.
Fines of up to $6,000 or more.
A Criminal Protective Order limiting or prohibiting contact with the victim is being put into place.

Common Defenses

Allegations of domestic violence are heavily reliant on context, making it critical to retain evidence such as police reports, witness statements, and medical records. These can be used by your attorney to advocate on your behalf. Some common defenses include:

Cause of injuries. If it can be shown that the injuries observed by officers on the scene were not in fact due to the result of your actions, then no conviction can be made.
Fraudulent allegations. It is an unfortunate fact that sometimes those in a domestic relationship will manufacture allegations of domestic violence as part of a personal or familial dispute. It is important to retain all evidence when allegations have been made so that unfounded accusations can be challenged in court.
Dominant aggressor. Under Penal Code Section 13701, police officers must determine the significant, rather than the first, aggressor. This considers things such as power disparities between the two parties, who escalated the situation, and whether one party had a history of aggression. If it can be shown that law enforcement failed to take this into account, it can greatly strengthen a defense.
Defense. If it can be shown that you only reacted as a form of defense against the other party and that physical contact was not the result of instigation, then domestic violence allegations can be significantly undermined.

It is not uncommon for cases to be dismissed or fail to be prosecuted. In 2024, 42% of charges failed to be cleared by prosecutors in California courts. This stands against a report by the Bureau of Justice Statistics, which found that on average, 78% of cases were dismissed or declined to prosecute nationwide.

Hire a Domestic Violence Lawyer

When choosing a Rancho Santa Margarita domestic violence attorney, it is critical to obtain counsel with a proven track record. Our attorneys have worked with the Rancho Santa Margarita community and beyond for years to provide seasoned advocacy.

We understand that each case is unique and provide the comprehensive defense each client deserves. With our extensive experience dealing with the complexities of criminal and family courts, our domestic violence lawyers know what kind of evidence can help bolster a defense and are prepared to offer guidance on the appropriate direction for your case.

FAQs

How Much Do Lawyers Charge for Domestic Violence Cases?

There is no set rate for how much lawyers charge for domestic violence cases in California. Typically, attorneys set their own fees. Costs can be affected by the type of case a lawyer takes on, such as whether it is a misdemeanor or felony charge. Often, a client can expect an experienced lawyer to charge several thousand dollars or more for their services on a domestic violence case.

What Percentage of Domestic Violence Cases Get Dismissed in California?

While there is no set percentage of domestic violence cases that get dismissed in California, the trends show that a large portion of cases are not fully prosecuted. One study by the Bureau of Justice Statistics found that nationally, an average of 78% of domestic violence cases were declined or dropped, while a 2024 report by the Judicial Council of California showed 42% of cases were not cleared by prosecutors.

How Do You Get a Domestic Violence Case Dismissed in California?

While there is no set path to dismissing a domestic violence case in California, there are several proactive steps someone can take. The first is the proper collection and retention of evidence. Police reports, medical reports, witness statements, and other forms of evidence can help greatly when building a case. Hiring an experienced domestic violence lawyer on your behalf is another critical step.

What Is the Ideal Defense for a Domestic Violence Charge?

While there is no one defense that can guarantee success when facing domestic violence charges, there are common avenues that skilled attorneys will consider. Critical information, like who was the first aggressor or if the physical contact resulted from defense, can all help attorneys build a robust defense on behalf of their clients

Speak to Our Santa Margarita Domestic Violence Lawyer

If you are facing domestic violence charges, you are not alone. Domestic arguments are not uncommon, and domestic violence accusations, unfortunately, often stem from these situations. At Brown & Stedman LLP, we are prepared to offer the experience of our skilled attorneys to advocate on your behalf and defend your rights. Contact us today and let us put our knowledge and experience to work for you.