In recent years, domestic violence has received increased attention from the San Diego Police Department. Law enforcement officers take allegations of domestic violence, child abuse, and spousal abuse very seriously, and local prosecutors are more likely to pursue domestic violence charges than ever before, even in the absence of evidence of serious or prolonged abuse. If you are facing domestic violence charges in San Diego or the surrounding areas, you should hire an experienced and aggressive private criminal defense attorney to protect your rights.
Mary Frances Prévost offers her clients years of courtroom experience, and is dedicated to providing zealous representation to clients in San Diego and the surrounding areas. To speak with her about your case, call (888) 808-7896 today.
The term “domestic violence” encompasses many different crimes. These are the most common domestic violence charges:
California Penal Code § 243(e)(1) makes it a misdemeanor to inflict force or violence on an intimate partner. This category of persons includes your current or former spouse, fiancé, cohabitant, the parent of your child, or your dating partner. Unlike the crime of corporal injury to a spouse or cohabitant, no visible injury is required for a conviction.
California Penal Code § 273.5 makes it a crime to inflict a “corporal injury” on an intimate partner that results in a “traumatic condition.” Typically, a person commits this crime by striking or otherwise physically harming his or her intimate partner in a violent way and causing a visible injury, even a slight one such as swelling or a bruise. This domestic violence charge can be pressed when the alleged victim is a current or former spouse, cohabitant, or the parent of your child.
California Penal Code § 273d makes it a felony to willfully inflict “any cruel or inhuman corporal punishment or injury” on a child that caused an injury (even a slight injury). California law gives parents reasonable latitude to spank a child, but where the punishment is cruel or causes injury, criminal charges can be pressed.
California Penal Code § 273a makes it a crime to willfully allow a child under your care or custody to suffer harm or have his or her safety or health endangered. Some examples of violations of §273a include a father who permits his girlfriend to beat his young child; or a parent who manufactures or sells drugs in the same home where his or her child lives.
California Penal Code § 368 makes it a crime to inflict physical or emotional abuse on a victim who is 65 years of age or older. § 368 also makes it a crime to neglect, endanger, or perpetrate financial fraud against an elderly victim. Typically, this crime is charged against caregivers. However, it can be charged against anyone who commits these offenses, including the children or grandchildren of an elderly victim.
California Penal Code § 422 makes it a crime to communicate a threat or threats of serious harm to someone if: (1) you intend to cause the person to experience fear, and (2) you actually cause the person to experience sustained fear. The crime of criminal threats can be charged as a misdemeanor or felony. As such, it can count as a strike under California’s three strikes law.
If you have been charged with any of the crimes discussed above in San Diego or the surrounding areas, Mary Frances Prévost can help you protect your rights. To discuss your case, call (888) 808-7896 for a free and confidential consultation.
Do not leave your future to chance. Contact the Law Offices of Mary Frances Prévost today.