Encinitas & Solana Beach Domestic Violence Attorneys

Domestic violence is a tragedy that affects men, women and children throughout California and across the country, but alongside people facing charges for domestic abuse they actually committed against a member of their household, are people who have been falsely accused of domestic violence and are facing serious penalties they don’t deserve that will affect their rights and personal freedoms. A domestic violence conviction is something that can follow you for the rest of your life, and the consequences will be even harder to handle if the charges against you are unfounded. If you have been charged with domestic violence in Encinitas or Solana Beach, contact our criminal defense attorneys at San Diego Domestic Violence Attorney, to find out how to best defend yourself in court.

Affordable Encinitas & Solana Beach Domestic Violence Attorney

At San Diego Domestic Violence Attorney, our attorneys have decades of experience protecting the rights of individuals in Encinitas, Solana Beach and throughout Southern California, who have been unfairly charged with domestic violence and other crimes. We understand how severely a domestic violence conviction can affect an individual’s reputation and personal freedoms, and we pride ourselves on offering affordable, compassionate legal advice and representation for defendants in these cases.

What is Domestic Violence?

Domestic violence is most often characterized by physical abuse perpetrated by one member of a household against another – typically a man against a woman – but there are all kinds of actions and behaviors that constitute domestic violence in Encinitas and Solana Beach, including physical violence, sexual assault, emotional abuse, reproductive coercion, financial abuse and digital abuse. In general, domestic violence occurs when someone uses violence or threats of violence to manipulate, coerce, influence or gain control over another person with whom they have a close relationship, including a current or former spouse, a current or former dating partner, a domestic partner, a child, a co-parent, someone who lives with them or used to live with them, or someone closely related to them by blood or marriage.

What is Penal Code § 273.5?
California Penal Code § 273.5 PC, 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 that results in a traumatic condition or a visible injury, such as a broken bone, bruise, sprain, concussion or internal bleeding.

What is Penal Code § 243(e)(1)?
California Penal Code § 243(e)(1) PC, Domestic Battery, makes it a misdemeanor crime to willfully and unlawfully touch an intimate partner in a way that is harmful or offensive. Unlike Penal Code § 273.5, Penal Code § 243(e)(1) does not require that the victim sustain a visible injury, only that the defendant use violence or force against the victim.

What are the Penalties for Domestic Violence?

Under California law, California Penal Code § 273.5 PC can constitute either a misdemeanor or felony offense, depending on the facts of the case and the defendant’s criminal history. As a misdemeanor, California Penal Code § 273.5 PC carries a potential sentence of up to one year in county jail and a maximum fine of six thousand dollars. As a felony domestic violence offense, this same crime is punishable by two, three or four years in state prison and a maximum six thousand dollar fine. The lesser domestic violence offense, Penal Code § 243(e)(1), is considered a misdemeanor and carries a potential sentence of up to one year in county jail and up to two thousand dollars in fines.

Domestic Violence Defense in Encinitas & Solana Beach

In addition to jail time and significant fines, a domestic violence conviction in Encinitas or Solana Beach may carry other severe penalties and consequences, potentially including mandatory counseling, probation, payment to a battered women’s shelter, restitution to the victim, a domestic violence restraining order, and mandatory participation in a batterer’s program, among others. Defendants who are not U.S. citizens may also face immigration consequences as a result of a domestic violence conviction, possibly including deportation. As a crime of moral turpitude, being convicted of domestic violence under Penal Code § 273.5 PC may also affect your ability to testify in court and obtain certain professional licenses.

If you have been accused of committing an act of domestic violence in Encinitas or Solana Beach, you may feel like there is no hope for your case. However, there are certain defense strategies your attorney can use to your advantage in court. For example, if you acted in self-defense or in defense of another person, if the victim sustained his or her injuries because of an accident, or if you have been wrongly accused of domestic violence, you may be able to have your charges dismissed or at least reduced to a nonviolent offense with fewer consequences than a violent offense. These are things that your criminal defense attorney can help you with so you don’t end up serving time for a crime you didn’t commit.

Types of Domestic Violence

There are many different kinds of acts and behaviors that may constitute domestic violence in Encinitas and Solana Beach, not just the physical abuse that we most often attribute to domestic violence cases. The following are the various types of domestic violence covered under California law, and some common examples of each:

• Physical abuse – choking, slapping, hitting or kicking the other person; harming your children; hurting the other person with weapons; forcing the other person to use drugs or alcohol; driving recklessly with the other person in the car
• Emotional abuse – isolating the other person from family or friends; blaming the other person for the abuse; demanding to know where the other person is at every moment; acting jealous or possessive; calling the other person names or continually criticizing or insulting them
• Financial abuse – giving the other person an allowance and monitoring their spending; living in the other person’s home but refusing to contribute financially; forbidding the other person from working; stealing money from the other person
• Digital abuse – stealing the other person’s passwords; sending negative, insulting or threatening emails or social media messages; using GPS to track the other person; frequently looking through the other person’s phone
• Sexual abuse and coercion – forcing the other person to dress in a sexual way; forcing the other person to watch pornography; holding the other person down during sex; purposefully trying to pass on a sexually transmitted disease; forcing the other person to have sex or perform sexual acts
• Reproductive coercion – lying about using birth control; forcing pregnancy and not supporting the other person’s decision about having the child; removing birth control methods; refusing to use birth control; continually keeping the other person pregnant

Free Domestic Violence Consultation in Encinitas & Solana Beach

Domestic violence is serious offense that carries significant penalties under California law, especially in instances where the victim suffers great bodily injury. However, some people falsely accuse others of domestic violence out of anger or jealousy, or in an attempt to gain leverage in another dispute, such as child custody or visitation rights, and those falsely accused may face these same penalties despite having not committed a crime. Fortunately, a good criminal defense attorney will know how to present these facts in court, gathering evidence and interviewing witnesses who support your side of the story. If you or a loved one is facing charges of domestic violence in Encinitas or Solana Beach, contact our criminal defense attorneys at San Diego Domestic Violence Attorney, by calling (619) 430-2355. Our attorneys have years of experience protecting the rights of defendants falsely accused of domestic violence, and can offer you a free consultation to help you determine your best defense.