In any loving relationship, a fight or disagreement can occur. If someone calls the police to diffuse the situation, the person making the call might be surprised to learn that the officers arrive on a mission to arrest someone. In fact, in many of these cases the officers will actually say: "One of you is going to jail." The officers are trained to make an arrest if any allegation of domestic violence is made, even if the alleged victim does not wish to prosecute.
In some cases, officers threaten to arrest both people involved in the argument, which often increases the chances of a false or exaggerated allegation. To make matters more difficult, the officers must also determine which person was the primary aggressor and which person might have a self-defense claim.
The District Attorney's Office in San Francisco has a special unit focused on prosecuting domestic violence cases. Prosecutors will often prosecute the case aggressively even when the alleged victim is reluctant to participate in the prosecution. Any complaining witness that wants to recant the allegation might be threatened with charges for filing a false police report or perjury.
False allegations in domestic violence cases are common, particularly when one side has a financial incentive to lie or exaggerate. Also, when a couple is separating, concerns about a divorce or child custody battle can lead to false allegations made in an effort to gain an upper hand in the civil case.
Attorney for Domestic Violence in San Francisco, CA
If you were charged with any type of domestic violence crime in San Francisco, CA, then contact an experienced criminal defense attorney for these types of difficult cases.
For people in a domestic relationship, an allegation of assault or battery is a more serious crime. Special procedures are in place in domestic violence cases to help the prosecutor secure a conviction even when the alleged victim does not want to prosecute the case. After an allegation of domestic violence, you need a criminal defense attorney focused on aggressively defending these difficult charges.
Call the attorneys at Ticket Crushers to discuss the facts of your case today.
Different Types of Domestic Violence Crimes in California
Charges related to domestic violence in the State of California can include:
Domestic Battery under Penal Code 243(e)(1) — Penal Code 243(e)(1) prohibits inflicting force or violence on an intimate partner. This misdemeanor crime can involve a married couple, a live-in couple, the parents of a child in common, a formerly married couple, or dating partners. A charge of domestic battery does not require a visible injury, unlike charges for corporal injury under Penal Code 273.5.
Corporal Injury to a Spouse or Cohabitant under Penal Code 273.5 — Penal Code 273.5 prohibits inflicting a "corporal injury" resulting in a "traumatic condition." The crime involves striking an intimate partner in a violent way and causing a visible injury. Many of these cases involve only a slight injury such as a bruise or swelling. The charge applies to a married couple, a live-in couple, a formerly married couple or parents with a child in common.
Child Abuse under Penal Code 273(d) — Penal Code 273(d) prohibits inflicting "corporal punishment or injury" on a child that is "cruel or inhuman" when the punishment causes an injury or a slight injury. Although a parent is generally allowed to spank a child on the bottom, other types of physical punishments can qualify as child abuse.
Child Endangerment under Penal Code 273(a) — Penal Code 273(a) prohibits willfully allowing a child in your care or custody to suffer harm or to his or her safety or to endanger the health of the child.
Child Neglect or Failure to Provide Care under Penal Code 270 — Penal Code 270 prohibits a parent from failing to provide basic necessities to the child such as food, shelter and medical care when the failure is willful and without a lawful excuse.
Elder Abuse Penal Code 368 — Penal Code prohibits inflicting physical abuse, emotional abuse, neglect, endangerment or financial fraud on a victim who is 65 years of age or over. Elder abuse is usually charged against the person's caregiver.
Criminal Threats under Penal Code 422 — Penal Code 422 prohibits communicating a threat of serious harm to someone with the intention to put the person in fear when the act does actually put the person in sustained fear. The crime of making criminal threats can be charged as either a felony or misdemeanor, depending on the circumstances. The felony version of criminal threats counts as a strike under the California "Three Strikes" Law.
Aggravated Trespass under Penal Code 601 — Aggravated trespass prohibits anyone from making a threat against another person that causes the person to reasonably fear for his or her physical safety and then, within 30 days, to enter the person's home or workplace to carry out the threat. The crime of aggravated trespass can be charged as a felony or misdemeanor, depending on the circumstances.
Dealing with Domestic Violence — Visit the website for the San Francisco Department of Public Health to find information on the definition of domestic violence as a "pattern of coercive behaviors that involves physical abuse or the threat of physical abuse." Learn why domestic violence may include economic coercion, intimidation, deprivation, progressive social isolation, assault, and repeated psychological abuse. Domestic violence allegations can arise in a variety of relations including current or former dating partners, people who are married or in cohabiting relationships of heterosexuals, gay men and lesbians, bisexuals and transgendered people.
San Francisco Domestic Violence Consortium — Learn more about the SFDVC's efforts to end domestic violence in San Francisco through sheltering, counseling and legal services. The SFDVC works with the immigrant rights community, the transgender community, housing advocates and those working to end homelessness.
District Violence Prosecutions by the San Francisco DA's Office — The District Attorney's Office in San Francisco has a unit dedicated to prosecuting Domestic Violence cases. The unit includes a team of 21 members specially trained to handle domestic violence cases. Team members include prosecutors, victim services advocates, investigators and paralegals in the District Attorney’s Domestic Violence Unit. The DA's office also helps alleged victims obtain restraining orders, child support awards, counseling, victim compensation, information about the criminal justice system, transportation, and restitution.
Finding a Lawyer for San Francisco Domestic Violence Charges
Domestic violence laws in California prohibit the use of threats or physical force against an intimate partner.
If you were charged with domestic violence in San Francisco, CA, then contact an experienced criminal defense attorney at Ticket Crushers. Domestic violence is also called family violence, domestic abuse or spousal abuse.
Allegations of domestic violence are particularly devastating for professionals, such as nurses and health care professionals, teachers and educators, members of the military, or members of law enforcement. College and graduate students can face disciplinary actions. A conviction can lead to a lifetime ban of the right to possess a firearm under both state and federal law.
Call the attorneys at Ticket Crushers to discuss your case today.