Escondido Domestic Violence Lawyer

Domestic violence is a major public health issue in California and throughout the United States, one that crosses all boundaries of race, gender, sexual orientation, religion and class, tearing apart families and resulting in physical injuries, deaths and other devastating consequences for men, women and children of all ages. Yet, there is another side to domestic violence, one where people bring false claims of domestic abuse against someone they have or have had an intimate relationship with, out of anger, in an attempt to gain sympathy from friends or family, or as leverage in a child custody case or another dispute. Sadly, even false accusations of domestic violence can result in a conviction. If you are facing charges of domestic violence in Escondido, contact our criminal defense lawyers at San Diego Domestic Violence Attorney, today for a free domestic violence consultation.

Affordable Escondido Domestic Violence Lawyer

Emotions often run high in domestic violence cases, and navigating an Escondido domestic violence case without the help of a legal professional is not recommended. For example, in California, domestic violence cases are often complicated by other charges that may be related to the domestic violence incident or incidents in question, including child abuse or neglect, child endangerment or a restraining order violation. Whatever the charges pending against you, our attorneys will gather evidence and interview experts and character witnesses, all the while building the strongest possible defense. Facing allegations of abuse against an intimate partner is no small thing, especially since being convicted on charges of domestic violence can cause you to be stripped of your most basic rights and freedoms. However, our Escondido domestic violence lawyers believe in the legal principle stating that any person charged with a criminal offense is innocent until proven guilty, and we will work tirelessly to ensure your legal rights are protected throughout the duration of your case.

What is Domestic Violence?

Domestic violence is characterized by abuse or threats of abuse used by one person in a relationship against another, in an attempt to gain or maintain power or control over that person, and while physical abuse is the type of abuse most frequently seen in domestic violence cases, the abuse can also be emotional, financial, sexual, reproductive or digital. According to California Family Code Section 6211, the parties protected under CA’s domestic violence statutes include:

• A current or former spouse;
• Someone you are currently dating or previously dated;
• A domestic partner;
• Someone who currently lives with you or previously lived with you;
• Your child;
• Someone who has a child with you; or
• Someone related to you by marriage or blood.

What is Penal Code § 273.5?
California Penal Code § 273.5 PC, also known as Corporal Injury to a Spouse or Cohabitant, is a state law that makes it illegal to willfully cause a spouse, cohabitant or fellow parent to suffer a corporal injury that results in a traumatic condition or visible physical injury, even if that injury is as minor as a bruise or black eye.

What is Penal Code § 243(e)(1)?
California Penal Code § 243 (e)(1) PC, also known as Domestic Battery, is a less serious charge and involves any willful and unlawful touching of an intimate partner that is offensive or harmful, even if the touching doesn’t result in any injury.

What are the Penalties for Domestic Violence?

Penal Code § 273.5 and Penal Code § 243 (e)(1) are just two possible domestic violence charges in Escondido, but there are many others with penalties that vary in severity. Penal Code § 273.5 is a “wobbler” offense in California, which means it can be prosecuted as either a misdemeanor or felony. As a misdemeanor domestic violence offense, a conviction under Penal Code § 273.5 carries a penalty of up to six thousand dollars in fines and/or a maximum sentence of one year in county jail. As a felony, however, Penal Code § 273.5 is punishable by up to six thousand dollars in fines and/or two, three or four years in a California state prison. The crime of domestic battery, Penal Code § 243 (e)(1), is considered a less serious offense, and as a misdemeanor, is punishable by a maximum fine of two thousand dollars and/or up to one year in a county jail.

Domestic violence is a crime that is punished harshly in California, and the consequences of a domestic violence conviction extend far beyond jail time and fines. If you are convicted on charges of domestic abuse in Escondido, you may lose the right to own or possess a firearm. You could also be served with a restraining order that prohibits you from contacting or going anywhere near the victim for five or more years. If you are applying for legal papers, you could be deported for your crime, and if you are convicted on felony charges of domestic violence, you may be prohibited from testifying in court and obtaining certain professional licenses in the future. Penal Code § 273.5 is also considered a “strike” offense under California’s Three Strikes sentencing law, which means if you are convicted on felony charges of corporal injury with great bodily injury, and you have previously been charged with any other felony, your potential sentence could be twice the term otherwise required by law. In that instance, a subsequent serious or violent felony conviction would result in a sentence of twenty-five years to life.

Domestic Violence Defense in Escondido

It’s obvious that the state of California doesn’t take charges of domestic violence lightly, and if you have been accused of physical abuse or any other type of abuse against an intimate partner or another member of your household in Escondido, it is imperative that you secure legal counsel as soon as possible to represent your case in court. You only get one chance to defend yourself against charges of domestic violence, and you don’t want to be the defendant the judge decides to make an example of. With an experienced domestic violence lawyer on your side, you can ensure that your legal rights are protected and fight to have your charges dropped or reduced to a lesser offense, such as disturbing the peace. Disturbing the peace, California Penal Code § 415, is considered a low-level misdemeanor in California, punishable by a maximum sentence of 90 days in jail. More importantly, this charge doesn’t carry the same stigma of domestic violence as Penal Code § 273.5 and Penal Code § 243 (e)(1).

Types of Domestic Violence

Many of us make the mistake of assuming that a claim of domestic violence always involves physical abuse, but that is not the case. There are many different types of domestic violence cases in Escondido, including those that involve:

• Physical abuse – punching, slapping, hitting, choking or pulling hair; driving recklessly with the other person in the car; harming your children; forbidding the other person from eating or sleeping
• Financial abuse – forbidding the other person from working; stealing money from the other person; giving the other person an allowance and monitoring their spending; refusing to give the other person money to pay for necessities
• Emotional abuse – trying to isolate the other person from friends and family; constantly calling the other person names or insulting them; acting jealous or possessive; punishing the other person by withholding affection
• Sexual abuse and coercion – forcing the other person to dress in a sexual way; holding the other person down during sex; hurting the other person with weapons or objects during sex; making the other person feel threatened or afraid to say no
• Reproductive coercion – Refusing to use a condom or birth control; removing birth control methods; lying about using birth control; continually keeping the other person pregnant
• Digital abuse – Sending threatening or insulting emails or social media messages; using GPS to monitor the other person’s activities; frequently looking through the other person’s phone; sending unwanted, explicit photos or videos and demanding the other person send some in return

Free Domestic Violence Consultation in Escondido

Domestic abuse and intimate partner violence carry serious penalties in the California court system, and those convicted on charges of domestic battery or corporal injury on a spouse are labeled batterers, and must live with the stigma of domestic violence for the rest of their lives, whether they committed the crime or not. Fortunately, our Escondido criminal defense attorneys have years of experience representing domestic violence defendants in court, and have the tools and resources necessary to defend your case to the fullest extent of the law. If you have been charged with domestic violence in Escondido, you have the right to obtain a criminal defense attorney to represent your case in court. Call San Diego Domestic Violence Attorney, today at (619) 430-2355, and you can discuss with our domestic violence lawyers how to build your best defense.