What Penalties Will You Face if Charged With Domestic Violence of a Child in San Diego?

Posted on: May 20th, 2025 by Dod Law

Penalties You Will Face if Charged With Domestic Violence Against a Child in San Diego

Allegations of child-related domestic violence in San Diego represent some of the most serious criminal charges in the California justice system. These accusations trigger immediate and aggressive responses from law enforcement, prosecutors, and child protection agencies. The consequences extend far beyond criminal penalties, potentially affecting your parental rights, employment opportunities, and personal reputation for years to come.

At Dod Law, we understand the gravity of these charges and the fear they instill. Having defended numerous clients throughout San Diego County against child abuse allegations, we can provide clear insight into what penalties you may face and how to mount an effective defense.

Understanding Child Domestic Violence Charges in San Diego

In San Diego, domestic violence against a child typically falls under several specific California statutes:

• Penal Code 273d – Child Abuse (Corporal Injury to a Child)
• Penal Code 273a – Child Endangerment
• Penal Code 273.5 – Corporal Injury to a Child of a Dating/Cohabitation Relationship

Each charge carries distinct elements and penalties, but all are treated with extreme seriousness by San Diego prosecutors. Unlike other criminal matters, cases involving children are often fast-tracked through the system, with prosecutors reluctant to consider reduced charges without compelling evidence.

Criminal Penalties for Child Domestic Violence in San Diego

The specific penalties you face depend on the particular charges, your criminal history, and the circumstances of the alleged incident. However, these cases typically involve significant consequences:

Misdemeanor Penalties

Even at the misdemeanor level, San Diego courts impose substantial penalties for child-related domestic violence convictions:

• Up to one year in San Diego County Jail
• Fines up to $6,000
• Mandatory completion of a 52-week child abuser’s treatment program
• Protective orders preventing contact with the child
• Three to five years of formal probation with strict conditions

These penalties represent the minimum consequences, applied in cases with minor injuries and no prior criminal history.

Felony Penalties

Most child domestic violence cases in San Diego are charged as felonies, especially when visible injuries are present or the child is very young. Felony convictions can result in:

• State prison sentences of 2-6 years (longer with serious injuries or prior convictions)
• Fines up to $10,000
• Mandatory treatment programs
• Long-term or permanent protective orders
• Formal probation with intensive supervision if prison is suspended

For cases involving great bodily injury or particularly vulnerable victims, prosecutors may add enhancements that significantly increase prison exposure by 3-6 additional years.

Defending Against Child Domestic Violence Charges in San Diego

While these penalties are severe, effective defense strategies exist for those facing child domestic violence allegations in San Diego. Common defense approaches include:

Challenging the Evidence

We thoroughly examine all evidence, including:

• Inconsistencies in witness statements
• Alternative explanations for injuries
• Medical records that may indicate accidental injuries
• Improper interview techniques used with child witnesses
• Timeline discrepancies that undermine allegations

Many cases involve ambiguous evidence that, when properly contextualized, fails to support criminal charges.

Parental Discipline Defense

California law recognizes parents’ right to use reasonable discipline. We evaluate whether:

• The discipline used was reasonable under the circumstances
• No lasting injury was inflicted
• The discipline was appropriate to the child’s age and condition
• The action was taken with genuine disciplinary intent

This defense requires careful presentation but can be effective in appropriate cases.

False Allegations

Unfortunately, domestic violence allegations sometimes arise in contentious custody disputes or family conflicts. We investigate:

• Motivations for false reports
• Coaching of child witnesses
• Prior false allegations
• Evidence of parental alienation

Exposing the true context of accusations can dramatically change how a case is viewed by prosecutors and courts.

Contact an Experienced San Diego Criminal Defense Attorney

Facing domestic violence charges involving a child in San Diego requires a defense attorney with specific experience in these sensitive and complex cases. At Dod Law, our defense team brings nearly two decades of experience in San Diego County courts, including extensive work with family-related criminal matters.

Our founding attorney, Dod Ghassemkhani, was named San Diego County’s 2023 Trial Lawyer Of The Year by the San Diego Criminal Defense Bar Association. With experience handling over 6,500 criminal cases, including many involving domestic violence allegations, our team offers the strategic defense needed during this challenging time. 

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form