San Marcos Domestic Violence Defense Lawyer

The physical, psychological and emotional consequences of suffering abuse by an intimate partner or another member of your household can be devastating and long-lasting, as can the criminal penalties imposed upon someone wrongfully accused of domestic violence by a current or former spouse or domestic partner. If you are facing false allegations of domestic violence in San Marcos, our criminal defense attorneys at San Diego Domestic Violence Attorney, can help. Contact our attorneys today at (619) 430-2355 for a free domestic violence defense consultation and evaluation.

Affordable San Marcos Domestic Violence Defense Lawyer

If you are found guilty of abusing, harming or injuring someone in your household, particularly an intimate partner or child, the California court system will not take the charges lightly, and you may never recover your reputation after being labeled an abuser. Fortunately, our domestic violence defense lawyers at San Diego Domestic Violence Attorney, have years of experience protecting the rights of defendants charged with intimate partner abuse and other violent crimes, and are committed to providing quality, affordable legal representation to domestic violence defendants in San Marcos and throughout San Diego County.

What is Domestic Violence?

Under California law, domestic violence is defined as a pattern of abuse within the home that one person in a relationship uses to gain or maintain power or control over another person. Also known as intimate partner violence, domestic abuse or relationship abuse, domestic violence can involve physical abuse, emotional manipulation, sexual assault, or any other type of abuse or threats of abuse meant to intimidate, coerce or influence one or more of the following parties: a current or former spouse, domestic partner, dating partner or cohabitant; someone who has a child with you; 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, is a law that prohibits a person from willfully inflicting corporal injury resulting in a traumatic condition on a spouse, fellow parent or cohabitant.

What is Penal Code § 243(e)(1)?

The lesser of the two offenses, California Penal Code § 243(e)(1), or Domestic Battery, is a law that prohibits a person from willfully or unlawfully touching an intimate partner in a way that is offensive or harmful. This law does not require that the victim suffer an injury, only that the defendant use violence or force against the victim.

What are the Penalties for Domestic Violence?

Intimate partner abuse is considered a violent crime, and the penalties stemming from a domestic violence conviction can be severe. If you are brought up on charges of domestic violence under California Penal Code § 273.5 PC, the prosecutor can elect to file the charge as a misdemeanor or felony offense. As a misdemeanor, Corporal Injury to a Spouse is punishable by a maximum sentence of one year in a county jail and/or up to six thousand dollars in fines. As a felony offense, the same crime is punishable by two, three or four years in a California state prison and/or up to six thousand dollars in fines. Furthermore, a felony conviction under Penal Code § 273.5 PC may be considered a “strike” offense under California’s Three Strikes sentencing law, which permits extended prison sentences for defendants with prior convictions for serious felonies.

Unlike Penal Code § 273.5 PC, Penal Code § 243(e)(1) is always prosecuted as a misdemeanor offense in California, and this crime carries a potential penalty of up to one year in a county jail and/or a maximum fine of two thousand dollars. Even a misdemeanor Domestic Battery conviction can result in long-lasting personal, professional and social consequences, though the penalties associated with Penal Code § 273.5 PC are much more severe. Having a domestic violence conviction on your record can affect the rest of your life, possibly preventing you from getting a loan, being able to vote, or owning or possessing a gun. Being labeled an abuser can also affect your ability to get certain jobs, apply for housing, obtain professional licensing, or have custody of your children, and may even be grounds for deportation or exclusion from admission for legal residents who are not yet U.S. citizens.

Domestic Violence Defense in San Marcos

An accusation of domestic violence is a serious claim in San Marcos, and not only are the criminal penalties associated with a domestic violence conviction in California severe, but the stigma of abuse can also follow you for years to come, affecting every aspect of your life, which is why our criminal defense attorneys fight so hard to get domestic violence charges dismissed or clients acquitted. Fortunately, there are several strategies your domestic violence defense lawyer may be able to use to fight these charges in court, including the following:

• Self-defense – If you acted in self-defense or in defense of another person, you may be able to use this as a defense in court.
• Alibi – If you have an alibi for the time the domestic violence allegedly occurred, the court may have no choice but to drop the charges.
• Consent – This is rare, but if you can prove that the other person voluntarily consented to the act, it may not legally constitute domestic violence.
• False accusations – If you were falsely accused of domestic violence, your attorney can try to prove this in court.
• Accidental injuries – If the victim’s injuries were caused by an accident and were not willfully inflicted by you, you may be able to fight the charges of domestic violence.

Types of Domestic Violence

Physical abuse is the most frequently reported type of domestic violence in California and throughout the United States. However, there are many different types of abusive or threatening behavior that may constitute domestic violence under California law, including the following:

Physical Abuse

• Slapping, choking, punching, kicking or pulling hair
• Harming your children
• Hurting the other person with weapons
• Forcing the other person to use drugs or alcohol
• Preventing the other person from calling the police or seeking medical attention
• Driving dangerously or recklessly with the other person in the car

Emotional Abuse

• Humiliating the other person in any way
• Blaming the other person for the abuse
• Demanding to know where the other person is at all times
• Acting jealous or possessive
• Calling the other person names or continually insulting them
• Punishing the other person by withholding affection

Digital Abuse

• Sending negative or threatening emails or social media messages
• Using GPS to monitor the other person’s activities
• Stealing or insisting on being given the other person’s passwords
• Telling the other person who they can and can’t be friends with on social media
• Frequently looking through the other person’s phone

Financial Abuse

• Forbidding the other person from working
• Stealing money from the other person
• Living in the other person’s home but refusing to work or contribute financially
• Preventing the other person from having access to bank accounts
• Giving the other person an allowance and closely monitoring their spending

Sexual Abuse and Coercion

• Forcing the other person to watch pornography
• Forcing the other person to dress in a sexual way
• Holding the other person down during sex
• Making the other person feel threatened or afraid to say no
• Ignoring the other person’s feelings regarding sex

Reproductive Coercion

• Lying about using birth control
• Removing birth control methods
• Continually keeping the other person pregnant
• Forcing the other person to not use birth control
• Withholding finances needed to purchase birth control

Free Domestic Violence Consultation in San Marcos

Being arrested and charged with a violent crime in California can have significant emotional, psychological and financial consequences for you and your loved ones, even if you are acquitted of the crime or the charges are dropped before going to trial, and few people ever recover their reputation after facing domestic violence charges. If you have been charged with domestic violence in San Marcos, it’s imperative that you understand the full scope of your rights and the best strategy for defending yourself in court. Call our domestic violence defense lawyers at San Diego Domestic Violence Attorney, today to explore your legal options.