Domestic Violence

One of the most common domestic violence crimes in California is the crime of inflicting corporal injury to a spouse under California Penal Code Section 273.5. Inflicting corporal injury resulting in a traumatic condition on a spouse, former spouse, cohabitant, former cohabitant, or the other or father of his or her child is considered guilty of a felony punishable by two, three, or four years in state prison, or for up to one year in county jail. A fine of up to $6,000 can also be given.

A traumatic condition means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force.

The punishment for corporal injury to spouse increases if the defendant has a prior conviction, within the last seven years, of inflicting corporal injury to a spouse, battery, battery causing great bodily injury, battery against a spouse, assault with chemicals, assault with a stun gun or less lethal weapon, assault with a deadly weapon. The punishment increases to imprisonment in county jail for up to one year or in state prison for two, four, or five years. The defendant will also face a fine of up to $10,000.

If the person has a prior conviction and the person is granted probation, the court shall impose one of the following conditions: 1) Minimum 15 days in county jail or 2) If two prior convictions within the last seven years, minimum 60 days in county jail. The court must make a finding of good cause on the record if one of these minimum sentences is not imposed.

If you or a loved one is facing a domestic violence charge, it is important that you speak with an experienced domestic violence attorney. At Wallin & Klarich, our Southern
California domestic violence attorneys have over 30 years of experience in defending the criminally accused from domestic violence charges. It is even more critical to hire an attorney if you have a prior conviction. With increased penalties, it is in your best interest to have an attorney who can provide you with the best possible defense. Call us today at (888) 280-6839 or contact us through our website at www.wklawdomesticviolence.com. We will be there when you call.

When law enforcement respond to a 911 call reporting domestic abuse, officers are trained to separate both parties upon arrival. Generally, both parties are asked a similar set of questions. An emphasis is placed on the simple question, “What was the argument about?” Police and prosecutors believe that each party’s answer will help identify any motive to lie and/or expose any possible defenses.

The majority of police reports developed after a domestic dispute will include two versions of facts and events: one from the alleged victim and the other from the alleged suspect. It is essential to hire a lawyer who will effectively investigate and document the reasons why your version of events is more believable and credible than the other party’s. It is important to understand that being arrested for domestic violence is not the same as being convicted of domestic violence. To arrest, an officer needs only probable cause that an offense has been committed. To convict, a prosecutor must prove each and every element of the offense beyond a reasonable doubt.

In order to make sure that your rights are accurately and aggressively defended after being arrested for domestic violence in Southern California, you should contact the experienced Southern California domestic violence defense lawyers of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-749-0034 or visit www.wklaw.com. We can help you.

Charlie Sheen, star of the CBS sitcom Two and a Half Men, recently pleaded not guilty to domestic violence charges in Aspen, Colorado, stemming from a Christmas Day incident there with his wife. Sheen’s wife had reportedly called police to say the actor was threatening to kill her with a knife.

The actor was taken into custody by police and detained under his given name Carlos Irwin Estevez before he was released the following day on $8,500 bail. He faces charges under Colorado law of menacing, criminal mischief, and assault. If convicted on all charges, the 44-year-old Sheen could be sentenced to up to 5 years in prison. Sheen has since returned to California to resume shooting for Two and a Half Men.

In California, the crime of assault is defined in Penal Code Section 240 for assault and battery charges, which involves an unlawful attempt, coupled with a present ability, to commit a violent injury on another. Assault is often associated with battery, but the two are distinct and separately chargeable crimes. Whereas a battery occurs when a violent injury upon another person is actually carried out, an assault occurs when an attempt is made to cause the violent injury. The crime of assault is completed even if no bodily injury occurs. Generally, an assault conviction brings with it a maximum fine of $1,000 and/or imprisonment in county jail for up to 6 months.

If you are faced with an assault charge, it is imperative that you seek the assistance of an assault attorney who can help you develop your defense. Our Southern California criminal defense attorneys at Wallin & Klarich have been representing people charged with assault and battery cases for over 30 years. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there when you call.

Domestic violence claims are very common in today’s society. They can result from a minor verbal fight or from a non-verbal action made in the spur of the moment (an action perceived as a threat). Either way, the implications of domestic violence charges are serious.

Once a 911 call is placed, there is no turning back. The police show up at the residence, arrest one or both of the persons involved, and then submit the case to the District Attorney’s office for possible prosecution. Once the police show up, it usually does not matter if the victim recants the allegations—it is now likely that the prosecutor’s office will file serious felony or misdemeanor criminal charges.

The problem with a victim’s recantation is that it is often not accepted by the prosecution. Even if the victim refuses to testify at trial, the state may be able to use the 911 tape as evidence (if the alleged victim called 911) in order to attempt to have the accused be found guilty. The United States Supreme Court has held that the 911 tapes are admissible, despite the victim not testifying, because they are non-testimonial statements gathered in an emergency situation. Though case law is not entirely clear, it seems that a conviction could stand based on the 911 tape and other evidence, despite the persistent recantation of the charges by the alleged victim.

Because of the complexities in domestic violence law and the sensitive nature of the cases, it is important to hire and attorney with domestic violence knowledge and expertise. The attorneys at Wallin & Klarich have over 30 years of experience in handling California domestic violence criminal defense. We are aware of the complexities involved in domestic violence criminal cases and work diligently to provide the best possible defense for our clients. Our attorneys can be reached by phone at or through our website at www.wklaw.com. We will be there when you call.