Camp Pendleton Domestic Violence Defense Attorneys
Domestic violence is a pattern of abusive behavior in a relationship that is used to gain or maintain control and power over an intimate partner. It may be physical, sexual, emotional, psychological, or economic abuse. Under California law, it is a crime to harm or threaten to harm a person with whom you have or have had an intimate relationship. In some cases, this protection is extended to children, parents, and relatives. If you have been accused of domestic violence, contact a Camp Pendleton criminal defense lawyer at jD Law Criminal Defense Attorneys for help.
Various crimes are considered domestic violence offenses if they are committed against a spouse, former spouse, fiancé, former fiancé, person with whom the accused is or was cohabiting or dating, or a person with whom the accused has a child. Common domestic violence offenses include:
- Assault: This crime is defined as the unlawful attempt, coupled with the present ability, to commit violent injury against another person. A person could be charged with assault even if no physical contact or harm occurred.
- Battery: California law defines battery as the willful and unlawful use of force or violence against another person. While assault involves an attempt to injure someone, for battery to occur, there must be actual physical contact.
- Criminal threat: This is the act of threatening to kill or seriously injure another person. For criminal threat to occur, the victim must be placed in a state of reasonably sustained fear for his or her safety, or for the safety of immediate family members.
- Sexual assault: In California, sexual assault is a type of crime that includes sexual battery -- the touching of a person’s intimate parts against that person’s will.
- Rape: This crime is a subcategory of sexual assault. Rape can be defined as unwanted or forced sexual intercourse on another person that includes physical force, threats, intimidation, or duress.
- Stalking: A common domestic violence offense, stalking involves willful, malicious, and repeated following or harassment while making credible threats against the safety of the victim or his or her family.
Under the California Penal Code, two criminal charges relate specifically to domestic violence:
- Domestic battery: This crime involves the use of force or violence against a current or former dating partner, fiancé, fiancée, cohabitant, spouse, or the other parent of the accused’s child. Penalties for domestic battery include a jail sentence of up to one year, a fine of up to $2,000, or both.
- Inflicting corporal punishment on an intimate partner: It is a crime to inflict corporal (physical) injury on a current or former spouse, cohabitant, dating partner, co-parent, fiancé, or any intimate partner. This is a wobbler offense that can be charged as either a misdemeanor or a felony. It is punishable by a prison term or two, three, or four years, or by a jail sentence of not more than one year, or by a fine of up to $6,000, or by both the fine and imprisonment.
A domestic violence conviction can have serious consequences, which may include:
- Mandatory minimum jail sentence
- Fines and/or restitution to the victim
- Mandatory participation in domestic violence classes
- Restraining order against you
- Permanent criminal record
- Loss of the right to possess a firearm
If you have been accused of domestic violence in Camp Pendleton, call jD Law Criminal Defense Attorneys at (760) 630-2000. Our founding attorney is a former police officer with experience on both sides of the issue. We are seasoned legal strategists who will work to build a strong defense against domestic violence charges.
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