The best domestic violence attorneys in San Marcos, CA, at our firm, will save you from the metal, emotional, physical, and financial turmoils of a legal battle. If you are facing wrongful accusations or wish to complain about an abuse partner, then our defense attorneys are a beacon of hope. They have an extensive understanding of the law and only evaluate it after studying facts.
How does the law define domestic violence?
The California law defines domestic violence as an act to abuse their partner within the home. The victim is in a relationship with the abuser. However, the abuser wishes to practice control over their significant other. Best domestic violence attorneys in San Marcos, CA, understand that crime has different names. The experts call it relationship abuse or intimate partner abuse.
The crime involves the dominant partner physically abusing, emotionally manipulating, and sexually assaulting their partner. Furthermore, the victim may face different types of abuse and threats. On the other hand, the dominant partner intimidates, influences, and coerces the partner to comply. Former spouse, domestic partner, dating partner, someone you have had a child with, or your child are victims of the crime.
California Penal Code Section 273.5
California Penal Code Section 273.5 is also called the Corporal Injury to a Spouse. The law stops a person from inflicting injury on purpose to their partner. Consequently, the victim suffers from a traumatic experience. Fellow parents, cohabitants, and a spouse are victims.
California Penal Code Section 243.e.1
California Penal Code Section 243.e.1 is a lesser offense. The best domestic violence attorneys in San Marcos, CA, will argue that the abuser touched the victim in a harmful manner. The law does not insist that the injury is visible. However, the prosecution must prove the accused used force and violence.
What are the different kinds of domestic violence?
The best domestic violence attorneys in San Marcos, CA, are experienced in different crimes. Their expertise is not limited to state lines or jurisdiction. Clients come to them with complaints involving different threatening behavior. Moreover, the legal experts are versed in the California Law.
Physical Abuse
- Firstly, someone has slapped, choked, punched, kicked, or pulled the hair of the client.
- Secondly, someone is harming their children.
- Furthermore, some are hurting the client with weapons.
- Someone is forcing the client to take drugs and consume alcohol.
- The abuser is preventing the individual from calling the police and medical services.
- Lastly, the abuser is driving dangerously to instill fear.
Emotional Abuse
- Firstly, the individual is humiliating their spouse or serious partner publicly.
- They are blaming their spouse for the abuse.
- Moreover, the partner demands the client share their location all the time.
- The abuser is jealous and very possessive.
- The abuser calls the client with humiliating names and insults them.
- Lastly, the abuser is withholding love and attention to punish the partner.
Financial Abuse
- The abuser has forbidden their partner to work.
- Furthermore, the abuser is stealing money from the partner’s wallet without permission.
- The abuser is living with the victim. However, the abuser is not working or financially contributing to the household.
- In addition, the abuser is preventing the victim from accessing their bank accounts and funds.
- Lastly, the abuser does not give an allowance. Furthermore, they closely monitor the spending.
Sexual Coercion
- Firstly, the abuser is forcing the victim to watch obscene films.
- Secondly, the abuser is forcing their partner to dress sexually.
- Moreover, the abuser holds their partner forcefully during intercourse.
- The abuser constantly threatens the partner. Consequently, the victim cannot say no.
- Lastly, the abuser ignores their partner’s feelings toward sex.
Reproductive Abuse
- The abuser is lying about taking birth control.
- Secondly, the abuser has removed birth control and contraceptives without letting the partner know.
- The dominant partner constantly impregnates the victim.
- On the other hand, the abuser forces the victim to take birth control.
- Lastly, the abuser is withholding funds to buy and consume birth control.
The Penalties of Domestic Violence
You will need the services of the best domestic violence attorneys in San Marcos, CA because the law considers it a harsh crime. Therefore, the penalties are severe as well. The prosecution may insist on charging the defendant with California Penal Code 273.5. Thus, they decide to file the charges as misdemeanor or felony.
If the court convicts you of the misdemeanor charges, you will face:
- The court will send you to a county jail to spend a maximum sentence of one year.
- Secondly, you may get a fine of $6000.
If the court convicts you as a felon, the punishments are harsh.
- You will spend two, three, or four years in a state prison.
- The fines are the same as a misdemeanor conviction.
Moreover, the felony also follows a three-strike rule. You are looking to spend a lifetime in a state prison for defendants with prior convictions.
You will need the services of our best domestic violence attorneys in San Marcos, CA, under Penal Code Section 243. Similarly, the prosecution will decide whether to charge the accused with a misdemeanor or offense. Consequently, the convicted will spend one year in jail. In addition, they will pay a fine of $2000.
Moreover, a 243 misdemeanor conviction can have devastating effects. Your personal and professional lives are compromised after the conviction. As a result, you cannot get a loan, vote, or own a gun. Furthermore, society will label you as an abuser. Consequently, it becomes difficult to attain a professional license or apply for a house. Also, you may lose custody rights to the child. If you are a non-citizen, the immigration office may deport you.
Hire our best domestic violence attorneys in San Marcos, CA, to free yourself.
Our lawyers understand that the prosecution arresting and charging you with domestic accusations is very emotional. You suffer from financial loss and psychological uncertainty as well. Therefore, work with the best domestic violence attorneys in San Marcos, CA, who will get you acquitted. The legal team will ensure the prosecution drops the charges before the case goes to court. We will pick the best strategy according to the circumstances. Meet with the lawyers today.