Based in San Jose · Serving Santa Clara & Alameda Counties
Domestic violence crimes in California cover a range of charges from PC 243(e)(1) misdemeanor battery to PC 273.5 felony corporal injury. The alleged victim cannot drop the case — the prosecutor controls. Consequences include jail or prison, mandatory 52-week batterers’ programs, firearm prohibitions, immigration exposure, and the FC § 3044 custody presumption on conviction. Vijay Law works pre-filing intervention, charge reduction, and trial defense across these cases.
Misdemeanor Up To 1 Year; Felony Up To 4 Years Or More
Lifetime Federal Ban On Firearm Possession
PC 273.5 Convictions Are Particularly Difficult To Expunge
Healthcare, Legal, And Other Licensing Boards
PC 273.5 Is A Deportable Crime Of Violence
Background Check Visibility And Some Industry Bars
FC § 3044 Presumption Against Custody For 5 Years
Criminal Protective Orders Restrict Contact And Movement
No. Once police are involved and an arrest occurs, the case belongs to the prosecutor, not the alleged victim. The victim’s wishes are sometimes considered but are not legally controlling. Prosecutors regularly file and prosecute domestic violence cases over the alleged victim’s objection. Prosecutors do not represent alleged victims, they represent the State of California. Individual county prosecutor’s offices in California have different policies and procedures about how much weight, if any, to give to an alleged victim’s express desire that a criminal case be “dropped”.
Yes, in many cases. The window between arrest and the prosecutor’s filing decision is often the highest-leverage moment in a domestic violence case. Pre-filing representation by an attorney – which involves contacting the prosecutor, presenting mitigation evidence, addressing corroboration issues – can affect whether charges are filed at all.
Multiple pathways exist. These include lack of independent corroboration, recanting witnesses, PC 1385 dismissal in the interest of justice, evidentiary motions to suppress, inadmissibility of evidence beyond hearsay, and insufficient proof of the qualifying relationship. Aggressive criminal defense work pursues all available dismissal options.
PC 273.5 (corporal injury on a spouse or cohabitant) is the more serious charge. It requires a visible injury to a qualifying intimate partner, is a wobbler (can be charged as a felony or misdemeanor), and is a deportable offense. PC 243(e)(1) (misdemeanor domestic battery) requires only offensive touching, is misdemeanor only, and carries less severe immigration exposure.
It depends on the specific charge, injury level, and disposition. A first-offense PC 243(e)(1) misdemeanor rarely results in initial custody. PC 273.5 felony with significant injury carries real custody exposure. Many cases resolve without custody time through a prosecutor decision not to file, dismissal following court filing, plea bargain for reduced charge, deferred entry of judgment, or probation.
Client Testimonials
Vijay is a thorough gentleman. He listened to me like a counselor would, then shared his acumen in the best possible language. I felt safe and much better by merely knowing my legal options and rights.
Hand down the best lawyer with a wide range of experience from immigration to litigation.
Thank you so much from the bottom of my heart. The way Mr.Vijay handled the case from explaining the details to me, filing motions with all the details included, and email communication between you and DA was outstanding.
We were very much worried about my life the way the case was leading too. But, everything was handled by you smoothly and professionally. My family and I are so grateful to you. It exceeded beyond our expectations. Thank you so much sir again for everything you did in this case.
Vijay is a knowledgeable and helpful attorney. He was there for me and helped me through a difficult incident. He was able to work with the prosecutor and I received a favorable outcome. Mr. Dinakar communicates with his clients, tells them the possible outcomes, and delivers results. Do your research, he is reputable around town and is a straight shooter. 5 stars for Vijay and his firm. He’s one of the better CD lawyers in SJ and I value his help and support. Don’t look for anyone else, hire Vijay for your legal needs.
I had 2 felonies charges regarding insurance fraud claim. My Naturalization(citizenship) petition was on hold due to felonies. I met Vijay regarding my case. His first free initial consultant is very transparent. So I hired him. He understands the important of immigration consequence with criminal charges & impact on professional career.
Vijay was so patient enough; he took multiple court dates to resolve case in my favor. He communicates very clearly. He also wrote multiple letters to submit my status to keep alive my naturalization petition in USCIS.
Finally, my 2 felonies charges dismissed & converted into Infraction charge. My naturalization petition approved & got citizenship certificate.
He is very responsive & also available to discuss during late evening & weekend. He is very friendly, professional & detail orientated. I would highly recommend him for criminal case.
I don’t know how to say thanks to Vijay.
Before I came to him I had hired two other attorneys, and trust me those behaved like the gang mans. Nice at the beginning to get the money and stated playing with the matter to see it gets worse so that they can milk you more (just like the drug dealers does).
I strongly suggest you should try Vijay if you have already troubled by other attorneys like my case or in fact he better be your first attorney in any case. You can only compare him with others only if you had hired others before.
First of all we are very happy to have identified Vijay for our case. He is such a brilliant and skilled attorney and particularly man of actions. His sincerity in following up case to completion was speedy and commendable. Would definitely recommend him as he is very approachable and friendly.
Vijay Dinakar is BY FAR THE BEST LAWYER I’ve ever seen. I need more than 5 stars to express my gratitude to Vijay. He is the ideal lawyer you expect from watching movies. He is very knowledgeable and more important than that, he is a hard worker. I value more his work attitude because independently of the outcome, I believe he is working very hard in my case, and as a result he will win my case. He is a winner!
I have worked with many lawyers but he is by far the best in the business. He got my case completely dismissed !! I am glad to have consulted him..
I am glad that I approached Vijay to help me with my DV case. He is a good person, very knowledgeable, logical and has a calm but a rational approach. He was very strategic and focused on the relevant points. He was sharp, impactful and picked up important cues during the trial and strongly advocated for me in the court. Although the prep for my case was very last minute, he was great. Me and my family are very grateful to him, for helping me out in a very stressful time. I would certainly recommend him to friends and family.
Excellent hardworking lawyer.
I am grateful for the outcome produced by Mr. Vijay after hearing in my domestic violence restraining order trial. Vijay is a very knowledgeable attorney who provides so thorough answers to questions. He talked nonstop for over one hour explaining all possibilities that I would face. I felt hopeless at the time that I will have immigration problems but I am surprised when I am told by Vijay the case would not be filed in criminal court. Then Vijay helped with the family restraining court. This case went on for too long because but finally we did trial and I had many texts that proved the lies and plan. Vijay is confident in court and we had planned and won. Hopefully, nobody gets into these terrible cases but a good attorney can help you out of it.
HIGHLY RECOMMEND for an extremely satisfying representation
Providing 5-star and saying Mr.Vijay Dinakar is a good attorney would still be an understatement considering many 10/10 positive reviews and his excellent representation in my case. I write this review hoping it would help someone like me who has spent hours checking reviews online, consulting many attorneys while trying to hire a good one and finally found the best. I have known attorney Vijay Dinakar for over one and a half years now. He did what he promised me in my complicated case involving several other cases. In fact, Vijay Dinakar’s aggressive representation in the court room ensured more than a favorable result. I couldn’t be any happier about going with this law firm. He is non-judging, very patient and composed which helped in dealing with the emotionally draining legal case. While I cannot divulge the details of my case, I can say that Vijay Dinakar got me an excellent victory giving me an edge over the opponent in my other cases. Thanks to his outstanding representation. He is one of those rare attorneys who does not file anything we ask for by taking Fee. He is very ethical and always did what was right and favorable to the client. He is easy to reach and always available to answer my questions. With my experience as a client, I would just say to keep calm and trust Vijay Dinakar. He has always stayed on top of things. Highly responsive Reachable – Always, through mail/text/phone call Fee – Very reasonable. He has put more efforts and time towards my case than the Fee he charged me. All the reviews about Vijay Dinakar Law Firm will prove to be true once you have the initial consultation. I HIGHLY RECOMMEND Vijay Dinakar Law Firm to anyone in need of an extremely satisfying legal representation.
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