La Mesa Domestic Violence Lawyers

Domestic violence is a serious issue throughout the state of California, one that affects men, women and children alike, and there are civil and criminal remedies available to victims of domestic violence in La Mesa, including pressing charges or requesting a domestic violence restraining order. However, there are some people who take advantage of laws that work in favor of domestic violence victims, making false accusations of abuse, out of anger, to gain leverage in another dispute, such as child custody, or for other manipulative reasons. If you or a loved one has been falsely accused of domestic violence in La Mesa, don’t leave your future up to chance. Contact our highly qualified criminal defense attorneys at San Diego Domestic Violence Attorney, today for a free domestic violence consultation.

Affordable La Mesa Domestic Violence Lawyers

Being falsely accused of domestic violence can be confusing and terrifying, and not just because of the significant fines, jail time and other harsh legal consequences you may face. A domestic violence conviction in La Mesa will effectively brand you an abuser, a label that will follow you for the rest of your life, potentially affecting your ability to obtain employment, apply for housing, or even have custody of your kids. Our domestic violence lawyers at San Diego Domestic Violence Attorney, have the tools and resources necessary to help you build a strong defense in your case, and we pride ourselves on providing domestic violence defendants with affordable legal representation in La Mesa and throughout Southern California and San Diego County.

What is Domestic Violence?

Under California law, domestic violence is defined as a pattern of abuse or threats of abuse by one person against another in a domestic setting, such as a marriage or cohabitation. Domestic violence is a broad term covering any type of violent, intimidating, coercive or threatening behavior used by one person in a relationship to arouse fear or to gain power or control over the other, including physical abuse, emotional abuse or sexual assault. In order to be considered domestic violence, the alleged victim must be:

• A current or former spouse;
• A current or former dating partner;
• A domestic partner;
• A current or former cohabitant;
• A co-parent;
• Your child; or
• Someone related to you by blood or marriage

What is Penal Code § 273.5?

California Penal Code § 273.5 PC, also known as Corporal Injury to a Spouse or Cohabitant, is a law that prohibits a person from willfully inflicting upon a spouse, cohabitant or fellow parent, corporal injury resulting in a traumatic condition or visible physical injury, such as a black eye, internal bleeding, sprain or broken bone.

What is Penal Code § 243(e)(1)?

California Penal Code § 243 (e)(1) PC, Domestic Battery, is considered a less serious offense under California law. This statute makes it illegal to willfully or unlawfully touch an intimate partner in a way that is offensive or harmful, even if the touching doesn’t cause any injury.

What are the Penalties for Domestic Violence?

Domestic abuse is prosecuted as a violent offense and domestic violence convictions in La Mesa carry harsh penalties, felonies more so than misdemeanors. California Penal Code § 273.5 is unique in that it’s a “wobbler,” meaning it can be charged as a misdemeanor or felony, depending on the facts of the case and the defendant’s criminal record. As a misdemeanor offense, Penal Code § 273.5 is punishable by up to one year in county jail, a maximum fine of six thousand dollars, or both. As a felony domestic violence offense, the same crime is punishable by two, three or four years in a California state prison, a maximum fine of six thousand dollars, or both. The crime of domestic battery, Penal Code § 243 (e)(1) PC, is always prosecuted as a misdemeanor offense, and is punishable by up to one year in a county jail, a maximum fine of two thousand dollars, or both.

Domestic Violence Defense in La Mesa

A charge of domestic abuse should not be taken lightly. The penalties associated with a domestic violence crime can be devastating and long-lasting, with consequences that can affect you personally, professionally and socially. In addition to jail time and fines, a defendant convicted on charges of domestic violence may lose the right to own or possess a firearm; be served with a domestic violence restraining order that prohibits him or her from contacting or going near the victim for five or more years; or face deportation, for defendants who are not U.S. citizens. If you are convicted of a felony domestic violence offense, considered a “strike” offense under California’s Three Strikes sentencing law, and you have previously been charged with any other felony or violent crime, your potential sentence could be twice the term otherwise required by law.

For these reasons and others, your first course of action when facing charges of domestic violence in La Mesa should be to contact an experienced criminal defense attorney to represent your case. There are a number of possible defenses your domestic violence lawyer can use to possibly have your charges dropped or reduced to a lesser offense, such as disturbing the peace (California Penal Code § 415), a low-level misdemeanor. Some possible defenses for domestic violence include the following:

• False accusations – If the domestic violence charges against you are false, you may be able to use this as a defense in court.
• Accidental injury – If the victim’s injuries were caused by an accident and were not willfully inflicted by you, you may not be held accountable.
• Self-defense – If you acted in self-defense or in defense of another person, such as a child, your behavior may not constitute domestic violence.

Types of Domestic Violence

Physical abuse is the most common type of domestic violence, but there are other types of behavior that may result in domestic violence charges in La Mesa, including the following:

• Physical abuse – slapping, hitting, choking, punching or pulling hair; harming your children; forcing the other person to use drugs or alcohol; driving recklessly or dangerously with the other person in the car
• Emotional abuse – threatening to hurt the other person, your children or your pets; humiliating the other person in any way; demanding to know where the other person is at every moment
• Sexual abuse and coercion – forcing or manipulating the other person into having sex; pressuring the other person after they say no; making the other person feel threatened or afraid to say no; forcing the other person to watch pornography; holding them down during sex
• Reproductive coercion – refusing to use birth control; continually keeping the other person pregnant; withholding finances needed to purchase birth control; forcing the other person to not use birth control
• Financial abuse – forbidding the other person from working; stealing money from the other person; living in the other person’s home but refusing to contribute financially; closely monitoring their spending
• Digital abuse – sending unwanted, explicit photos and demanding they send them in return; stealing or insisting on being given the other person’s passwords; sending negative; threatening or insulting emails or social media messages

Free Domestic Violence Consultation in La Mesa

The penalties resulting from a domestic violence conviction are severe, and there is a stigma associated with domestic abuse that can affect every aspect of your life for the foreseeable future, unless you do everything you can to have your case dismissed or your charges reduced. If you are facing charges of domestic violence in La Mesa, contact our criminal defense attorneys at San Diego Domestic Violence Attorney, by calling (619) 430-2355. With a qualified domestic violence lawyer on your side, you can ensure that your legal rights are protected and present the best defense in your criminal case.