La Jolla Domestic Violence Attorney

Domestic violence is devastating for victims and their families, resulting in physical and emotional injuries that can last a lifetime, but it also has a significant effect on the accused, especially if there is a conviction. Sadly, some domestic violence convictions in La Jolla are based on false accusations, and our criminal defense attorneys at San Diego Domestic Violence Attorney, are committed to putting a stop to this life-altering crime. Not only does wrongfully accusing someone of domestic violence unfairly expose them to life-changing penalties and label them a criminal, it also muddies the waters, decreasing the likelihood that real domestic abuse victims will get a fair shot in court. If you are facing charges of domestic violence in La Jolla, contact our knowledgeable and compassionate criminal defense attorneys today at (619) 430-2355 for a free consultation.

Affordable La Jolla Domestic Violence Attorney

Domestic violence is a broad category covering everything from physical altercations to persistent emotional abuse and sexual assault, and domestic violence laws in CA provide numerous civil and criminal remedies for victims of domestic abuse, including a domestic violence restraining order. These laws are meant to provide protection for victims of domestic violence, but because of the instant benefits restraining orders and other court orders provide the individual alleging abuse, the system is easily taken advantage of, especially by those going through divorce proceedings and child custody battles. In fact, statistics show that up to 70% of cases involving allegations of abuse during custody disputes are found to be unnecessary or false. At San Diego Domestic Violence Attorney, our domestic violence attorneys have years of experience protecting the rights of individuals wrongfully accused of violent crimes, and will help you build a strong defense in your case so you can fight false allegations of abuse. Our law firm prides itself on providing affordable, knowledgeable legal guidance and representation for defendants accused of domestic violence in La Jolla and throughout Southern California and San Diego County.

What is Domestic Violence?

In California, domestic violence is defined as a pattern of abuse that occurs within the home, characterized by violent, aggressive or threatening behavior used by one person in a relationship to control, manipulate or coerce the other. The most common type of domestic violence incidents involve physical abuse, but the law states that emotional abuse, sexual abuse and coercion, financial abuse, digital abuse and reproductive coercion also constitute domestic violence, if the abuse is committed against one or more of the following parties: the defendant’s current or former spouse, dating partner, domestic partner or cohabitant; someone related to the defendant by blood or marriage; a co-parent; or the defendant’s child. Domestic abuse is a violent criminal act, and this crime is punished harshly under California law.

What is Penal Code § 273.5?

Under California Penal Code § 273.5 PC, Corporal Injury to a Spouse, it is illegal for a person to willfully inflict upon a spouse, fellow parent or cohabitant, corporal injury resulting in a “traumatic condition” or a visible physical injury, even if that injury is as minor as a bruise.

What is Penal Code § 243(e)(1)?

Under California Penal Code § 243(e)(1), it is illegal for a person to willfully and unlawfully touch an intimate partner in a way that is offensive or harmful. This law, known as Domestic Battery, doesn’t require that the victim suffer any injury, only that the defendant use violence or force against the victim.

What are the Penalties for Domestic Violence?

California Penal Code § 273.5 PC is a “wobbler” offense in California, meaning the prosecutor can elect to file the charge as a misdemeanor or felony offense, depending on the defendant’s criminal record and the circumstances surrounding the case. If Corporal Injury to a Spouse is charged as a misdemeanor, penalties may include up to one year in a county jail and/or a maximum fine of six thousand dollars. If it is charged as a felony, penalties may include two, three or four years in a California state prison and/or a maximum fine of six thousand dollars. As a felony, Penal Code § 273.5 may be considered a “strike” offense under California’s Three Strikes sentencing law if you are convicted on felony charges of corporal injury with great bodily injury. This 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.

California Penal Code § 243(e)(1), on the other hand, is considered a lesser offense under California law, and as a misdemeanor, is punishable by up to one year in a county jail and/or a maximum fine of two thousand dollars. Despite the fact that domestic battery isn’t as serious a charge as corporal injury, you may still face lasting consequences if you are convicted of domestic battery. You may be ordered to pay up to five thousand dollars to a battered women’s shelter, for example, plus any reasonable expenses that the victim incurred as a result of the alleged abuse, including the cost of counseling. If you are a non-U.S. citizen applying for legal papers and you are convicted under California Penal Code § 243(e)(1), you may face serious immigration consequences as a result of the conviction, including deportation.

Domestic Violence Defense in La Jolla

If you are convicted on charges of domestic violence in La Jolla, the conviction will appear on your criminal record, which means anyone who runs a background check on you will be able to see the charges. A conviction will also label you an “abuser” for the rest of your life, which can have serious personal, professional and social consequences, possibly affecting your ability to own or possess a gun, get a job, apply for housing, obtain certain professional licenses, or have custody of your children. Fortunately, you have the right to protect yourself against charges of domestic violence in La Jolla, and with a knowledgeable criminal defense attorney on your side, you may be able to have your charges dropped or reduced to a lesser offense with less severe penalties. Among the possible defense strategies for domestic violence charges are:

• Self-defense – You acted in defense of yourself or another person
• Accidental injuries – The victim’s injuries were caused by an accident
• False accusations – You have been falsely accused of domestic violence

Types of Domestic Violence

Whenever we hear about a domestic violence incident, we usually automatically assume the incident involved physical abuse, most likely committed by a man against a woman. However, there are many different types of abusive, aggressive or threatening behavior that can result in domestic violence charges being brought in La Jolla, including the following:

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

Free Domestic Violence Consultation in La Jolla

Domestic violence is a pervasive problem, one that defies all boundaries of age, gender, class, race, religion and sexual orientation, and, as such, one that carries severe penalties under California law. All too often though, people in La Jolla make false claims of domestic violence against an intimate partner or a member of their household, either out of anger, to obtain special legal benefits or protections, or to gain leverage in other disputes, such as a child custody case or divorce proceedings. If you or a loved one is facing wrongful charges of domestic violence in La Jolla, contact our knowledgeable criminal defense attorneys at San Diego Domestic Violence Attorney, to discuss your legal options. With a qualified domestic violence attorney on your side, you can build the strongest possible defense in your case and ensure that your rights are protected throughout the process.