Domestic Violence Attorney San Diego
Domestic violence is a serious issue affecting thousands of men, women and children throughout California, and in San Diego County alone, more than 17,000 domestic violence incidents are reported to law enforcement every year. No one should ever be made to feel uncomfortable or unsafe in their own home, nor should someone suffering physical or emotional abuse at the hands of their partner be afraid to report the abuse. However, domestic violence is rarely a simple issue, and too often, domestic violence charges are filed prematurely or without cause. If you are facing charges of domestic violence in San Diego, contact San Diego Domestic Violence Attorney, to ensure that your legal rights are protected.
Affordable San Diego Domestic Violence Attorney
Finding a qualified attorney to represent your San Diego domestic violence case is imperative if you want to protect your rights and enjoy the freedoms you deserve. At San Diego Domestic Violence Attorney, we pride ourselves on providing affordable, knowledgeable criminal defense representation to clients throughout Southern California and San Diego County, with more than 40 years of combined experience in the field of criminal law.
What is Domestic Violence?
Domestic violence, also known as intimate partner violence, domestic abuse or relationship abuse, is a pattern of abuse that occurs within the home, characterized by violent or aggressive behavior used by one person in a relationship to gain or maintain power and control over the other. Contrary to what we perceive as the “typical” domestic violence situation – a man abusing a woman – anyone can be a victim of domestic violence, regardless of their sex, age, education, race, marital status or position within the family. In most cases, domestic violence presents as the violent physical abuse of a spouse or partner, but it can also include intimidation, coercion and threats as part of a systematic pattern of control perpetrated by one partner against another. California Family Code Section 6211 categorizes the parties protected under the state’s domestic violence statutes, and according to this law, you may be charged with domestic violence if you have been accused of abusing one or more of the following parties:
- A current or former spouse;
- A domestic partner;
- Someone you are currently dating or previously dated;
- Someone who currently lives with you or previously lived with you;
- 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, Corporal Injury to a Spouse, makes it illegal to willfully inflict upon a spouse, cohabitant or fellow parent, corporal injury resulting in a traumatic condition or visible physical injury.
What is Penal Code § 243(e)(1)?
The more common and less serious crime of Domestic Battery is detailed in CA Penal Code § 243(e)(1), which does not require that the victim has a visible injury. Under CA Penal Code § 243(e)(1), domestic battery is defined as any willful and unlawful touching of an intimate partner that is offensive or harmful.
What are the Penalties for Domestic Violence?
Under California law, PC 273.5 is a “wobbler,” which means it can be tried as a misdemeanor or felony offense, depending on the details of the crime and the defendant’s criminal record. If the domestic violence is charged as a misdemeanor, it is punishable by up to one year in county jail, a fine of up to six thousand dollars, or both. If charged as a felony offense, punishment may include two, three or four years in California state prison, a fine of up to six thousand dollars, or both. Non-U.S. citizens or undocumented immigrants charged with domestic violence in San Diego may also face removal (deportation) proceedings upon conviction.
CA Penal Code 243(e)(1), on the other hand, can only be tried as a misdemeanor offense, and carries a maximum county jail sentence of one year and a maximum fine of two thousand dollars. In some cases, a domestic battery charge may be reduced to “Disturbing the Peace”, PC § 415, which is considered a low-level misdemeanor and carries a maximum sentence of 90 days in jail, without the stigma of domestic violence attached. Depending on the circumstances surrounding the case, domestic violence charges may involve other related offenses, such as child endangerment, child abuse, a temporary or permanent restraining order, or a restraining order violation.
What Happens to First-Time Offenders for Domestic Violence in San Diego?
The penalties for domestic violence in San Diego can vary depending on several factors, including the defendant’s criminal record and the severity of the victim’s injuries, if any. In most cases, judges require that you serve a minimum of 30 days for a misdemeanor domestic violence conviction in San Diego. However, you may only be required to serve probation if you are a first-time offender or if the victim’s injuries are not significant.
Do Domestic Violence Cases Get Dismissed?
Domestic violence is a serious charge, and emotions often run high in such cases, but prosecutors in a domestic violence case can only go where the evidence takes them. If there isn’t sufficient evidence of the alleged abuse, it’s possible your case may be dismissed, or your charges reduced. If you have been charged with domestic violence in San Diego, you have every right to fight the charges. Your first course of action should be to obtain the services of an experienced criminal defense attorney, which can significantly improve your chances of having the charges against you reduced or dropped altogether.
Types of Domestic Violence
Though we often view domestic violence as the physical abuse of one partner against another, domestic violence can involve any type of action meant to influence, intimidate, humiliate or manipulate another person, including emotional, sexual or financial abuse, or even the threat of such actions. The following are some examples of the different types of domestic violence:
Physical Abuse
- Punching, slapping, choking, biting, kicking or pulling hair
- Hurting the other person with weapons
- Forbidding the other person from eating or sleeping
- Harming your children
- Driving recklessly or dangerously with the other person in the car
- Abandoning the other person in an unfamiliar place
- Forcing the other person to use drugs or alcohol
- Preventing the other person from calling the police or seeking medical attention
Emotional Abuse
- Calling the other person names or continually insulting or criticizing them
- Trying to isolate the other person from family or friends
- Acting jealous or possessive
- Demanding to know where the other person is at every minute
- Punishing the other person by withholding affection
- Threatening to hurt the other person, your children or your pets
- Humiliating the other person in any way
- Blaming the other person for the abuse
Sexual Abuse and Coercion
- Forcing the other person to dress in a sexual way
- Holding the other person down during sex
- Forcing the other person to watch pornography
- Hurting the other person with weapons or objects during sex
- Forcing or manipulating the other person into having sex or performing sexual acts
- Purposefully trying to pass on a sexually transmitted disease
- Ignoring the other person’s feeling regarding sex
- Giving the other person drugs or alcohol to reduce their inhibitions
- Continuing to pressure the other person after they say no
- Making the other person feel threatened or afraid to say no
Reproductive Coercion
- Refusing to use a condom or another form of birth control
- Lying about using birth control
- Removing birth control methods
- Withholding finances needed to purchase birth control
- Forcing the other person to not use birth control
- Monitoring the other person’s menstrual cycles
- Forcing pregnancy and not supporting the other person’s decision about having the child
- Continually keeping the other person pregnant
Financial Abuse
- Giving the other person an allowance and closely monitoring their spending
- Forbidding the other person from working
- Preventing the other person from having access to bank accounts
- Stealing money from the other person
- Refusing to give the other person money to pay for necessities or shared expenses
- Living in the other person’s home but refusing to work or contribute financially
Digital Abuse
- Sending negative, threatening or insulting emails or social media messages
- Telling the other person who they can and can’t be friends with on social media
- Sending unwanted, explicit photos or videos and demanding the other person send some in return
- Using GPS or other technology to monitor the other person’s activities
- Frequently looking through the other person’s phone
- Stealing or insisting on being given the other person’s passwords
- Making the other person feel like they can’t miss a phone call or text for fear of being punished
What Does it Mean to be a California Board-Certified Criminal Law Specialist?
The best way to avoid jail time for domestic violence is to avoid a conviction, and having a board-certified criminal law specialist represent your case can help you get the best possible outcome for your situation. An attorney with experience defending domestic violence cases in San Diego can more effectively represent your interests and may also have access to valuable resources for your case, such as expert witnesses to consult on injuries allegedly sustained in an act of domestic violence. California board-certified criminal law specialists are attorneys who have gone beyond the standard licensing requirements to become authorities on issues of local and national importance. San Diego Criminal Lawyer Samantha Greene is recognized by the state of California as a criminal law specialist, and has more than a decade of experience representing clients in a wide range of criminal defense cases, including cases of domestic violence.
Free Domestic Violence Consultation in San Diego
Domestic violence is a serious offense, one that should not be taken lightly. However, the unfortunate truth is that some people make false claims of domestic violence, to punish the other person for perceived wrongdoing, to gain sympathy from friends or family, or as leverage in a child custody dispute. In some cases, the alleged abuse may have been unintentional, an act of self-defense, or in defense of another person, such as a child. If you have been accused of domestic violence against a partner, child or elder in San Diego, contact the knowledgeable domestic violence attorneys at San Diego Domestic Violence Attorney, today by calling (619) 430-2355 for a free initial consultation.
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