Fallbrook Domestic Violence Defense Attorneys
In California, 34.9% of women and 31.1% of men experience some form of domestic violence in their lifetimes, as reported by the National Coalition Against Domestic Violence (NCADV). Domestic violence is any form of abuse committed against an “intimate partner,” including intentional or reckless use of physical force or threatening to use force against that person.
Domestic violence crimes carry heavy penalties and can significantly impact your future prospects. If you have been accused of a criminal offense in this category, contact us to find out how our Fallbrook criminal defense attorneys can help.
A number of crimes are considered domestic violence when committed against an intimate partner. As defined under state law, an intimate partner may be any of the following:
- Spouse or former spouse
- Cohabitant or former cohabitant
- Present or former fiancé or fiancée
- Current or former domestic partner
- Other parent of a child of the accused
- Person with whom the accused has or has had a dating relationship
Most domestic violence crimes are wobblers, meaning they can be charged as either a misdemeanor or a felony. Some of the most common domestic violence offenses include:
- Domestic battery: It is a misdemeanor offense to use force or violence against an intimate partner. Domestic battery does not require that the alleged victim have a visible injury. Penalties may include up to one year in jail and/or a fine of up to $2,000.
- Corporal injury to a spouse or cohabitant: When force used against an intimate partner results in corporal injury leading to a traumatic condition, the felony offense of corporal injury on a spouse or cohabitant has been committed. Possible penalties can range from one year in county jail to up to four years in state prison.
- Criminal threats: It is a crime in California to threaten another person with serious harm. When it is charged as a misdemeanor, penalties for criminal threats may include up to one year in jail. When charged as a felony, it is punishable by up to four years in prison. A felony conviction also counts as a strike under the Three Strikes Law.
- Stalking: This crime can be defined as willful, malicious, and repeated following or harassment of a person while making credible threats against his or her safety, or the safety of the family. As a misdemeanor, stalking is punishable by up to one year in jail. As a felony, it carries up to three years in state prison.
- Rape: California’s spousal rape law was repealed in 2021. Rape of a marital or intimate partner is subject to the same penalties as any other rape. Conviction carries a prison sentence of up to eight years, along with lifetime sex offender registration.
If you are facing domestic violence charges in Fallbrook, your best chance of achieving the most favorable outcome is to have an experienced criminal defense attorney representing you. Our Fallbrook domestic violence lawyers can:
- Thoroughly examine the prosecution’s case against you to find any flaw
- Assert all legal defenses that apply in your case
- Negotiate with the prosecution to have your charges reduced or dismissed
In addition to serious criminal penalties, a domestic violence conviction can mean loss of custody, loss of California gun rights, and a restraining order against you. James N. Dicks, founder of jD Law Criminal Defense Attorneys, is a former police officer with experience on both sides of the issue. Contact us at (760) 630-2000 for vigorous defense against domestic violence charges.
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