Domestic Violence Charges in California: Defenses and Legal Options
Facing domestic violence charges in California can be overwhelming. These allegations can carry serious consequences that extend far beyond potential jail time, affecting your employment, housing opportunities, custody rights, and reputation. Understanding your legal rights and available defenses is crucial when navigating this challenging situation.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
Understanding Domestic Violence Laws in California
California law treats domestic violence as a serious criminal offense. Under Penal Code Section 273.5, domestic violence involves willfully inflicting corporal injury upon an intimate partner. This includes spouses, former spouses, cohabitants, dating partners, and the parent of your child.
The state also prosecutes domestic battery under Penal Code Section 243(e)(1), which involves any willful and unlawful touching that is harmful or offensive, even without visible injury. Prosecutors take these cases seriously, often moving forward even when the alleged victim wishes to drop charges.
Convictions can result in jail or prison time, substantial fines, mandatory batterer’s intervention programs, protective orders, loss of firearm rights, and a permanent criminal record. For non-citizens, a domestic violence conviction can also trigger deportation proceedings.
Common Legal Defenses
Several legitimate defenses may apply to domestic violence charges depending on the circumstances of your case:
- Self-Defense or Defense of Others
- False Accusations
- Lack of Evidence
Important Legal Options and Strategies
When facing domestic violence charges, several legal pathways may be available.
First-time offenders with no prior criminal history may qualify for diversion programs. Successfully completing these programs can result in dismissed charges, keeping your record clean. Depending on case circumstances, negotiating a plea to reduced charges may be appropriate. This might involve pleading to a non-domestic violence offense, avoiding the long-term collateral consequences of a domestic violence conviction. Many domestic violence cases involve restraining orders. Challenging improper or unjustified restraining orders protects your rights and may impact the underlying criminal case.
The Importance of Immediate Action
Time is critical when facing domestic violence allegations. Evidence can disappear, witnesses’ memories fade, and delays in building your defense can harm your case. Contacting an attorney immediately after arrest or upon learning of potential charges allows for prompt investigation, witness interviews, and evidence preservation.
Contact Wallin & Klarich Today
If you are facing domestic violence, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.