Q:        What is domestic violence and why are they charging me with domestic violence?

A:            Domestic violence in the city of San Diego is prosecuted by a special unit of the San Diego City Attorney’s office.  They call themselves “The Family Justice Center”.  They are located in special offices apart from the main City Attorney’s office.  ALL THEY DO IS PROSECUTE DOMESTIC VIOLENCE.  When people think of domestic violence they typically imagine a woman with a black eye, but domestic violence can be charged in all sorts of different scenarios.  As long as it is a crime that was committed by one partner towards another partner, it falls within the arena of domestic violence.  For example, if you get into an argument with your wife and break the window of your car(vandalism) you can be charged with domestic violence.

Q:        The event they are charging me with happened months ago… why the delay?

A:         When police officers respond to a call, they write a report recommending charges.  This report is then submitted to either the District Attorney or the City Attorney depending on whether the officer thinks the crime is a felony(DA) or misdemeanor(CA).  Sometimes the attorney reviewing the report disagrees with the police officer’s assessment and sends it to the other prosecutor(i.e. the city attorney sends the report to the district attorney or vice versa.).  This process takes time, sometimes months.  When someone finally decides to issue the case, they send you a notice in the mail.

Q:        I just want to get this behind me…What can I expect if I plead guilty?

A:         If you have no prior convictions for any other crimes, a typical domestic violence sentence mandates a 52 week Domestic Violence Prevention Class.  Providers of these classes typically charge a per class fee.  Completion of this class is mandatory and failure to complete the class can lead to significant (180 days in many cases) jail time.  Those who plead guilty should also expect some amount of public work service, often 10-15 days.

Q:        I didn’t do it… How can I fight?

A:            TRIAL!  There is no more winnable category of case in criminal law then a domestic violence case.  Victims often recant and witnesses are often hard to track down. I typically advise my clients to go to trial UNLESS they have a specific reason preventing them from doing so.  The City Attorney case often dismisses cases on the day of trial

Q:        How long will my trial take?

A:         Two to three days of trial time.  A typical D.V. case take two to three months to get to trial.