Our San Juan Capistrano domestic violence criminal defense attorneys were interested to see a recent series of articles about legal and personal trouble for a former NFL player. Junior Seau, a linebacker who spent much of his career with the San Diego Chargers, was arrested Oct. 17 on suspicion of domestic violence after his live-in girlfriend called the police late that day. The Crimesider blog from CBS News reported that Seau was arrested without incident at their Oceanside home, but hours later, drove his SUV off a cliff near Carlsbad State Beach. Seau was not seriously hurt, and was treated for minor injuries and released. He still faces the domestic violence charge, which NBC San Diego said was for PC 275.3, domestic assault.
News reports do not go into detail about the conflict giving rise to the domestic violence charges. The 25-year-old girlfriend, who is not named in reports, called the police late on Sunday evening to report the alleged assault. Seau, 41, was not home when officers arrived, but called the girlfriend and agreed to come home, where he was arrested. Authorities said the girlfriend had minor injuries that did not require hospitalization. Seau was arrested and posted bail in San Diego County. About five hours later, witnesses reported seeing Seau's SUV driving erratically before it accelerated and drove off a 30-foot cliff. Media reports say Seau says he fell asleep at the wheel, and no charges are expected from that crash. However, San Diego County prosecutors are still considering the domestic violence charge.
Even without the additional complications of celebrity or driving off a cliff, this case would have been interesting to our Garden Grove domestic violence lawyers because the charge Seau faces is a "wobbler." This means he may be charged with a felony or a misdemeanor according to the discretion of the prosecutor. Typically, prosecutors make their decisions about this according to how badly hurt they believe the victim was. As the NBC story notes, California law requires that prosecutors prove a "corporal injury resulting in a traumatic condition" to get a conviction for domestic assault. Translated, that means the victim must have some kind of bodily injury or condition created by force. Even though the injuries to Seau's girlfriend were minor, this charge can still apply. However, the fact that they were minor means Seau is more likely to face misdemeanor charges, if any charges are filed at all.
Especially if you're not a professional football player, the financial and emotional costs of a domestic violence charge can add up quickly. That's why you should call Howard Law, P.C. as soon as possible after you are arrested for any domestic violence charge, including spousal battery or domestic battery as well as domestic or spousal abuse. A conviction on the charge Seau might face means up to a year in jail or up to four years in prison, depending on whether it's a felony or a misdemeanor. It also means anger management classes, loss of your right to own or use a gun, a possible restraining order keeping you away from your home and problems in any child custody case. Those last two apply even if you're never convicted of any domestic violence crime -- which is why you should talk to our La Habra domestic violence criminal defense attorneys right away.
If you're accused of spousal abuse or any other kind of domestic violence, don't hesitate to call Howard Law, P.C. for help. To learn more or set up a free consultation, contact us through the Internet or call 1-800-872-5925 today.
