Solana Beach Domestic Violence Attorneys
Domestic violence charges are common in Solana Beach and throughout the state. In a recent year, law enforcement in California received 166,890 domestic violence calls, as reported by the National Coalition Against Domestic Violence (NCADV). Domestic violence is abuse against an intimate partner. It may involve intimidation, assault, battery, sexual assault, and other offenses.
A domestic violence conviction carries severe criminal penalties and has other serious consequences that can impact your future. If you have been charged with a domestic violence crime, your best chance of obtaining the most favorable outcome is to get a team of experienced Solana Beach domestic violence attorneys on your side.
Under the California Penal Code, abuse is defined as “intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another” at Section 13700. Domestic violence is abuse committed against a “spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”
Different criminal offenses are considered domestic violence when committed against an “intimate partner.” Many domestic violence crimes are wobblers, meaning they can be charged as either a misdemeanor or a felony, at the discretion of the prosecution. Factors that affect the prosecutor’s decision include the surrounding circumstances, the severity of the alleged victim’s injuries (if any), and whether or not the defendant has a criminal record. Common domestic violence offenses include:
- Criminal threats: Any person who willfully threatens to commit a crime that would result in death or great bodily to another person, with the intent that it will be taken as a threat, causing the person threatened reasonably to be in sustained fear for his or her own safety or the safety of immediate family members, is guilty of criminal threats. Penalties may include up to one year in jail when it is charged as a misdemeanor and up to four years in prison when it is charged as a felony. A felony conviction counts as a strike under California’s Three Strikes law.
- Aggravated trespass: This crime is a domestic violence offense when a person makes criminal threats against an intimate partner and, within 30 days, enters that person’s home or workplace with the intention of carrying out those threats. It is punishable by a jail term of up to one year and a fine of up to $2,000, or both.
- Domestic battery: Battery is any intentional and unlawful physical contact with another person. When committed against an intimate partner, it is a misdemeanor offense, punishable by a jail sentence of up to one year, a fine of up to $2,000, or both.
- Corporal injury on a spouse or cohabitant: This crime involves inflicting physical injury on an intimate partner that results in a traumatic condition, which can be defined as any type of physical injury (no matter how minor) that results from the direct application of physical force. It is a felony offense, punishable by a jail sentence of up to one year, or a prison sentence of two, three, or four years, or a fine of up to $6,000, or both imprisonment and the $6,000 fine.
A domestic violence conviction carries heavy penalties and leaves you with a criminal record that can affect your future employment, education, and housing prospects. If you have children, you could lose rights to custody or visitation. For skilled defense against the charges, contact a Solana Beach criminal defense lawyer at jD Law Criminal Defense Attorneys at (760) 630-2000.
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