Contact our leading San Diego criminal defense attorney at (888) 797-1623!
Have you been arrested, charged, or accused of domestic violence? If so,
you will need to work immediately with an experienced, aggressive, and
effective San Diego criminal defense lawyer. Only with professional legal
representation can you successfully counter the allegations against you.
We are proud of our distinguishing hallmark characteristics:
more than 40 years of criminal defense experience to our firm's name.
We have earned the
laud of colleagues and former clients alike.
We have secured an
impressive track record, including hundreds of
successful trial results.
We have been named among some of the
top-rated trial attorneys in the nation.
We have been
recognized by numerous prestigious legal organizations.
Bill Nimmo, Attorney at Law, An Association of Sole Practitioners knows what is at stake in these types of criminal matters. In most cases,
individuals facing domestic violence charges could have their freedom
and their reputation on the line. We do all that is necessary to combat
the charges against you and secure a reduction, acquittal, or dismissal
on your behalf.
Schedule Your Free Case Consultation Immediately
Don't wait another moment to retain an attorney who has earned some
of the most prestigious accolades available in the legal community. Bill
Nimmo has earned an
AV Preeminent® Rating from Martindale-Hubbell® and we understand the weight of a conviction, which is why we advocate
on your behalf in and out of court. We are not afraid to pursue the best
possible outcome for your case!
Contact Bill Nimmo, Attorney at Law, An Association of Sole Practitioners today.
Call us or
schedule your free case evaluation.
Understanding the Severity of a Criminal Conviction
Domestic violence cases are prosecuted much more vigorously today than
they were several years ago. Prosecutors now have special units assigned,
and designated courts have been established to handle these cases. Additionally,
the state legislature has created mandatory sentences that require, if
convicted, participation in a 52-week domestic violence program that is
time-consuming and costly. In conjunction with the potential criminal
prosecution, the alleged victim may seek a
temporary restraining order ("TRO") against the accused individual.
What is considered to be domestic violence?
A person accused of a domestic violence crime is typically booked in jail
on a felony (if there is visible injury) requiring a minimum $25,000.00
bail. However, these cases are rarely prosecuted as felonies.
Some types of domestic violence include:
- Physical abuse
- Psychological and emotional abuse
- Sexual abuse
- Financial abuse
A significant number of cases may involve an alleged victim that does not
want the case prosecuted, especially when someone else made the 911 call.
In these situations, it is important for the alleged victim to promptly
contact someone in the D.A.'s domestic violence unit and make it known
to them that prosecution is not desired.
Other Criminal Implications
Making it known that prosecution is not desired does not necessarily mean
that the case will be dropped, as the D.A. can still prosecute against
the alleged victim's wishes. In close cases, the D.A.'s office
takes into account the desires of the alleged victim, and this can result
in a rejection of prosecution.
If the case is rejected, the arrested person is entitled to a "Certificate of Detention" from the arresting agency, designating the police action as a detention,
not an arrest. While this does not remove the booking record, it does
entitle the arrestee to say they have not been arrested on a job application
or other situations.
False Allegations in Domestic Violence Cases
Domestic Violence cases are another area in the criminal law where there
are many false accusations. The chances are, however, unless you want
to call your spouse or significant other a liar, that the evidence is
pretty good against you. That doesn’t mean you are necessarily guilty,
but it does mean that the evidence against you is powerful unless you
are prepared to show that your spouse or significant other is either lying
or misperceiving the event.
If your spouse or significant other is misperceiving the event, that is
a harmless proof trail that you can use to show the prosecution that the
case is weak. In the heat of an argument many times a person is wrong
about what they saw or heard and you can point that out without causing
damage to your case.
As an example, Bill Nimmo was the defense attorney for one case where a
husband and wife were arguing loudly about their daughter. When the husband
came towards where his wife was in the house they collided at a hallway
corner and her glasses were broke in the collision causing red marks around
her eye. Of course the police ignored what the parties said and took the
husband to jail. While it took a lot of talking, Nimmo was able to convince
the prosecutor to dismiss the case. These people were nice folks and had
no real record of previous violence.
Even saying your spouse was lying to the police can be done gently. A lot
of times, in the heat of an argument, the police are called and words
are said that aren’t true. When the argument cools and the effects
of alcohol are gone, the complaining spouse feels guilty that he or she
made false statements to the police. In this type of domestic violence
case, your attorney needs to be careful; your lawyer must walk the line
so as not to get your spouse charged with giving false information.
If the parties have no record of violence, and there isn’t a major
ongoing problem in the household, you have a good chance of plea bargaining
to something other than domestic violence. You are aided in this if there
is a problem in the facts like those talked about in the paragraphs above.
You may need to plead to domestic violence straight up, but if you can
avoid doing so that would be best.
Plea Bargains in San Diego Domestic Violence Cases
If you plead to domestic violence, even as a misdemeanor, you will have
problems in the future with firearm possession and ownership. You will
also have to attend a 52-week domestic violence recovery program to help
manage your anger and understand the dynamics of abuse in the family.
And, you may have problems with future employers or anyone that finds
out you have a “domestic violence” conviction. You may just
have plea to avoid more problems but another person could interpret that
you are an “angry” man or a “wife beater.” Your
lawyer will be able to advise you on the best course of action.
Some plea bargain strategies include trying to bargain to a simple battery
or a simple assault that doesn’t have domestic language attached.
You can also attempt to plea to a 647 (disorderly conduct) or maybe a
415 (fighting noise-offensive words). Prosecutors these days hate to move
off of the domestic violence sections but with the proper case and with
the right DA you may be able to convince them. Also you can try to get
the prosecutor to agree to a short anger management program rather than
the 52-week program. If you plead to a domestic violence charge, however,
a judge will have to find real good cause not to impose the DVRP.
Put 80+ Years of Legal Experience in Your Corner
Domestic violence cases in San Diego County often involve several different
court proceedings and can be somewhat tricky if not handled properly.
Speaking with a skilled and experienced San Diego criminal defense attorney
shortly after the arrest can sometimes result in no charges being filed,
save money and avoid the necessity of future court appearances. For this reason alone, it is highly recommended that you hire us as soon
Do not wait for the prosecution to make the first move. Take action by
contacting our San Diego domestic violence and restraining order attorney at (888) 797-1623.