National City Domestic Violence Attorneys

Domestic violence is a terrible crime, one that affects communities across the country and crosses all boundaries of age, gender, race, religion, nationality and socioeconomic status. Domestic violence incidents typically involve physical abuse perpetrated by a man against a woman, but there are all types of domestic abuse, and victims can include women, men and children alike. Unfortunately, out of all the domestic violence cases brought in National City and throughout Southern California, many involve false accusations of abuse, often used by one domestic partner against another to get revenge or gain leverage in a separate dispute, such as divorce or child custody. If you are facing wrongful charges of domestic violence in National City, contact our knowledgeable and compassionate criminal defense attorneys at San Diego Domestic Violence Attorney, for a free consultation.

Affordable National City Domestic Violence Attorneys

California laws providing civil and criminal remedies to domestic violence victims are severe, and these laws were put in place to protect the rights of those individuals abused by their domestic partners and other members of their household. However, the immediate benefits and protections domestic violence restraining orders and other court orders provide individuals alleging abuse make the system ripe for abuse, and all too often, a parent who wants to win a custody dispute, or an ex-spouse who wants to prevail in divorce proceedings, alleges abuse to gain favor from the court. Our criminal defense attorneys at San Diego Domestic Violence Attorney, are committed to protecting the rights of individuals falsely accused of domestic violence in National City and throughout San Diego County and Southern California, and offer defendants in domestic violence cases compassionate and affordable legal representation.

What is Domestic Violence?

Domestic violence is a systematic pattern of behavior involving violence, abuse or threats of abuse used by one person to control, manipulate or coerce another person in a domestic setting, such as a marriage or cohabitation. The only way you can be charged with domestic violence in National City is if the alleged abuse involves one or more of the following parties:

• A current or former spouse;
• A domestic partner;
• Someone you are currently dating or someone you dated in the past;
• Someone who currently lives with you or used to live with you;
• Someone who has a child with you;
• Your child; or
• Someone related to you by blood or marriage

If any of these people accuse you of domestic violence, you may face criminal charges in National City, under California Penal Code § 273.5 PC or California Penal Code § 243(e)(1).

What is Penal Code § 273.5?

California Penal Code § 273.5 PC, Corporal Injury to a Spouse, is a law that makes it illegal for a person to willfully inflict upon a spouse, cohabitant or fellow parent, corporal injury resulting in a visible physical injury or traumatic condition, such as a bruise, broken bone, sprain, concussion or internal bleeding.

What is Penal Code § 243(e)(1)?

California Penal Code § 243(e)(1), Domestic Battery, is a law that makes it illegal for a person to willfully and unlawfully touch an intimate partner in a way that is harmful or offensive. In order for Penal Code § 243(e)(1) to apply, it is not required that the victim suffer an injury, only that the defendant use violence or force against the victim.

What are the Penalties for Domestic Violence?

Domestic abuse is considered a violent offense, and as such, it is punished harshly under California law. One of the most serious domestic violence offenses, Penal Code § 273.5 PC, is considered a “wobbler” in California, which means it can be prosecuted as a misdemeanor or felony offense, depending on the defendant’s criminal record and the circumstances surrounding the case. If you are convicted on misdemeanor charges of Corporal Injury to a Spouse, you may face up to one year in a county jail and/or a maximum fine of six thousand dollars. As a felony offense, the same crime is punishable by two, three or four years in a California state prison and/or a maximum fine of six thousand dollars. California Penal Code § 243(e)(1), however, is a less severe offense, a misdemeanor punishable by up to one year in a county jail and/or a maximum fine of two thousand dollars.

In addition to jail time and fines, there are other possible penalties associated with the crime of domestic violence, and if you are convicted on such charges, you may face a domestic violence restraining order, or lose your right to own or possess a firearm or have custody of your children, among other penalties. If you are a non-U.S. citizen trying to get legal papers, you may also face immigration consequences, including deportation. Furthermore, a felony conviction of corporal injury with great bodily injury is considered a “strike” offense under California’s Three Strikes sentencing law, which means if you have a previous felony conviction on your record, your potential sentence could be twice the term otherwise required by law, and a subsequent serious or violent felony conviction could result in a sentence of twenty-five years to life.

Domestic Violence Defense in National City

The best way to avoid jail time for domestic violence charges is to avoid a conviction, and having an experienced domestic violence attorney on your side can significantly improve your chances of a positive outcome in court. If you have been accused of domestic violence in National City, it may seem like the deck is stacked against you, as domestic violence laws in California are strongly in support of victims in such cases. However, there are several defense strategies your attorney can use in court to attempt to have your charges dropped or at least reduced to a lesser offense. The following are some possible defenses in domestic violence cases:

• Accidental injury – Domestic violence laws require that the abuse or violence committed by the defendant against the victim be willful. If the victim suffers accidental injuries, domestic violence laws may not apply.
• Self-defense – If you caused the victim harm while acting in defense of yourself or another person, you may not be held accountable for the injuries.
• False accusations – If the victim falsely accused you of domestic violence, you may be able to use this as a defense in court.

Types of Domestic Violence

Although the majority of domestic violence incidents we hear about in this country involve physical abuse, there are several other types of abuse that can also result in domestic violence charges in National City. These most common types of domestic violence include:

• Physical abuse – slapping, hitting, choking, kicking, biting or pulling hair; harming your children; forcing the other person to do drugs or alcohol, hurting the other person with weapons
• Emotional abuse – blaming the other person for the abuse; continually calling the other person names or insulting them; punishing the other person by withholding affection; acting jealous or possessive
• Financial abuse – stealing money from the other person; refusing to give the other person access to bank accounts; forbidding the other person from working; closely monitoring their spending
• Digital abuse – telling the other person who they can and can’t be friends with on social media; sending negative or insulting emails or social media messages; tracking the other person’s activities with GPS
• Sexual abuse and coercion – holding the other person down during sex; pressuring the other person after they say no; forcing the other person to dress in a sexual way; forcing them to use drugs or alcohol to lower their inhibitions
• Reproductive coercion – continually keeping the other person pregnant; lying about using birth control; removing birth control methods; monitoring the other person’s menstrual cycles; forcing pregnancy and not supporting the other person’s decision about having the child

Free Domestic Violence Consultation in National City

The consequences of a domestic violence conviction are severe, and if you are convicted on such charges, the stigma of domestic abuse can follow you for the rest of your life, possibility affecting your ability to get a job, apply for housing or begin new relationships, and the legal consequences will strip you of your most basic rights and freedoms. If you have been accused of domestic violence in National City, don’t hesitate to hire a criminal defense attorney to represent your interests in court. With our qualified domestic violence attorneys at San Diego Domestic Violence Attorney, on your side, you can protect your legal rights and build the strongest defense possible in your case.