Pacific Beach Domestic Violence Lawyer

Domestic violence may seem like something that happens to other people and that could never affect you. However, more and more often, we hear stories of individuals in Pacific Beach and throughout California filing false charges of domestic abuse against a former spouse or domestic partner, either out of anger for perceived wrongdoing, to gain sympathy from friends and family, or to gain leverage in another dispute, such as divorce proceedings or a child custody case. Not only is this against the law, it also tears apart families and ruins lives, not to mention takes away from real victims of domestic abuse. If you are facing wrongful charges of domestic violence in Pacific Beach, call San Diego Domestic Violence Attorney, today at (619) 430-2355 to speak to our knowledgeable and reputable criminal defense attorneys.

Affordable Pacific Beach Domestic Violence Lawyer

There is no question that having a domestic violence conviction on your record can have lasting consequences, both personal and professional, and, depending on the type of charge brought against you, you may even have a hard time getting your record expunged in the future. Fortunately, by having an experienced Pacific Beach domestic violence lawyer represent your case, you can significantly improve your chances of a favorable outcome in court. Our attorneys at San Diego Domestic Violence Attorney, pride themselves on providing affordable and compassionate legal representation for defendants in domestic violence cases throughout Southern California and San Diego County, and will work tirelessly to help you build the strongest possible defense against these charges.

What is Domestic Violence?

Domestic violence is a broad term used to describe a systematic pattern of violent, abusive or threatening behavior used by one person to control or gain power over another person in a domestic situation, such as a marriage, dating relationship or cohabitation. You may face domestic violence charges in Pacific Beach if you have been accused of domestic abuse against one or more of the following parties:

• A current or former spouse;
• Someone you are currently dating or someone you dated in the past;
• Someone who currently lives with you or lived with you in the past;
• A domestic partner;
• Someone who has a child with you;
• Your child; or
• A close family member

What is Penal Code § 273.5?

There are a number of laws in Pacific Beach that make it illegal to harm to attempt to harm an intimate partner, a close family member or someone in your household. California Penal Code § 273.5 PC, for example, prohibits a person from inflicting on a spouse, fellow parent or cohabitant, corporal injury resulting in a “traumatic condition” or visible physical injury.

What is Penal Code § 243(e)(1)?

There is also CA Penal Code § 243(e)(1), which prohibits a person from willfully and unlawfully touching an intimate partner in a way that is harmful or offensive, even if the touching doesn’t result in any injuries.

What are the Penalties for Domestic Violence?

Domestic violence laws in California are strict, and the penalties for harming or attempting to harm someone you have a relationship with are severe. If you are convicted on charges of domestic violence under California Penal Code § 273.5, the charges may be filed by the prosecutor as a misdemeanor or felony offense. As a misdemeanor, Penal Code § 273.5, or Corporal Injury on a Spouse, carries a potential penalty of up to one year in a county jail and/or a maximum fine of six thousand dollars. As a felony, the same crime carries a potential penalty of two, three or four years in a California state prison and/or a maximum fine of six thousand dollars. If felony Corporal Injury on a Spouse results in great bodily injury, this may be considered a “strike” offense under California’s Three Strikes sentencing law, which means you could face twice the term otherwise required by law if you have a previous felony conviction on your record. On the other hand, California Penal Code § 243(e)(1) is always prosecuted as a misdemeanor offense, and carries a potential penalty of up to one year in a county jail and/or a maximum fine of two thousand dollars.

Domestic Violence Defense in Pacific Beach

In addition to severe criminal charges, a domestic violence conviction carries a stigma that can follow you for the rest of your life, possibly affecting your ability to get certain jobs, apply for housing or even have custody of your children. Because of the lasting consequences associated with charges of domestic violence in Pacific Beach, it’s imperative that you hire a knowledgeable criminal defense attorney to represent your case. With a skilled lawyer on your side, you may be able to have your charges dropped or reduced to a lesser offense. For example, if you are facing charges of Domestic Battery under Penal Code § 243(e)(1), your attorney may be able to have the charge reduced to Disturbing the Peace (PC § 415), a low-level misdemeanor that carries a maximum sentence of 90 days in jail, without the stigma of domestic abuse. The following are some possible defenses your attorney may use in your domestic violence case:

• False accusations – If you have been falsely accused of domestic violence, you may be able to use this as a defense in court.
• Accidental injuries – Domestic violence laws only apply if your actions were “willful.” If the victim’s injuries were the result of an accident, you may not be held accountable.
• Self-defense – If you were acting in self-defense or in defense of another person, it may not be considered domestic violence.

Types of Domestic Violence

Although most people assume domestic violence cases always involve physical abuse, that is not the case. There are many different types of domestic violence that can result in charges being brought by one person in an intimate relationship against another, including the following:

• Physical abuse – harming your children; forcing the other person to use drugs or alcohol; abandoning the other person in an unfamiliar place; forbidding the other person from eating or sleeping
• Emotional abuse – punishing the other person by withholding affection; acting jealous or possessive; trying to isolate the other person from friends or family; calling the other person names; blaming them for the abuse
• Digital abuse – sending negative, insulting or threatening email or social media messages; using GPS to track the other person’s activities; stealing or insisting on being given the other person’s passwords; frequently looking through the other person’s phone
• Financial abuse – forbidding the other person from working; living in the other person’s home but refusing to contribute financially; stealing money from the other person; giving the other person an allowance and closely monitoring their spending
• Sexual abuse and coercion – holding the other person down during sex; ignoring the other person’s feelings about sex; making the other person feel threatened or afraid to say no; forcing the other person to have sex
• Reproductive coercion – continually keeping the other person pregnant; monitoring the other person’s menstrual cycles; lying about using birth control; removing birth control methods; withholding finances needed to purchase birth control

Free Domestic Violence Consultation in Pacific Beach

The criminal penalties and personal, professional and social consequences associated with a domestic violence conviction in Pacific Beach can affect your life for the foreseeable future, and these consequences will be all the more devastating if the domestic violence accusations against you are false. Unfortunately, this is something that happens more often than you might think, and, without a knowledgeable domestic violence lawyer on your side, you may end up serving time for a crime you didn’t commit. If you have been falsely accused of domestic violence in Pacific Beach, don’t hesitate to protect your legal rights. Contact our criminal defense lawyers at San Diego Domestic Violence Attorney, for a free domestic violence consultation.