Defending Domestic Violence Charges for Over 30 Years
Why Hire Wallin & Klarich
[youtube_sc url=”http://www.youtube.com/embed/wDAxN4cwPOw” width=”300″ ratio=”4:3″ class=”video-right”]If you are accused of domestic violence in California it will feel like your life is over. At Wallin and Klarich we have been successfully defending our clients accused of domestic violence for over 40 years. We know what you going through. If you or a loved one has been accused of domestic violence now is the time to contact us so we can begin to aggressively protect your legal rights. We have offices throughout Southern California. Call us or email us now.
We will get through this together.
Domestic Violence Cases We Have Won for Our Clients:
All Felony Domestic Violence Charges Dropped:
Jail time was avoided by a client of Wallin & Klarich. Our criminal lawyers at Wallin & Klarich assisted the client to get all felony domestic violence charges dropped, thereby avoiding jail time. After negotiations with the prosecutor, the client only plead guilty to a disturbing the peace.
Domestic Violence Charges against Newport Man Dropped:
A Newport man facing a year in jail for felony domestic violence recently had his charges dismissed. According to court record from Harbor Justice Center, Newport Beach, the client was charged under California Penal Code 273.5 for felony domestic violence. Our skilled defense lawyers were able to reach an agreement with the prosecutor that resulted in the dismissal of the felony domestic violence charges against the client.
Not Guilty Verdict in Serious Domestic Violence Case:
An Orange County resident accused of domestic violence was set free today when a jury unanimously voted not guilty. Facing 2 years of jail time, the defendant relied on the 911 tape and pictures of the alleged victim to prove that the case against him had been made up by his former girlfriend.
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(877) 4-NO-JAIL or (877) 466-5245
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What You Need to Know About Domestic Violence
Domestic violence is a blanket term for violence against a spouse, former spouse, present or past romantic partner, child, family member or person who lives with you.
Assault and battery against anyone is a crime, but the law gives special protection to spouses, girlfriends and boyfriends, children and other family members, who are seen as especially vulnerable. The injury doesn’t have to be serious. In fact, law enforcement officers responding to a call sometimes don’t even ask for proof that you caused it. Unfortunately, men are much more likely to be arrested for domestic violence than women. However, our law firm has handled scores of cases where women have also been accused of domestic violence.
What to Expect During Your Domestic Violence Case
In most domestic violence cases the main witness for the prosecution is the “alleged victim.” In a high percentage of cases the alleged victim, is the spouse or someone very close to the defendant. Often that person has a change of heart soon after making the initial allegation. The alleged victim often wants to “drop the charges.” Unfortunately once the arrest has been made the alleged victim no longer has control over the criminal prosecution. The position of the District Attorneys offices across California is that it is the prosecutor’s job to proceed with the case to protect the victim, whether or not the “alleged victim” thinks they need protection.
The criminal prosecution will then proceed through the court phase. It is critical when you are accused of domestic violence that you retain the services of a very experienced criminal defense law firm. In these cases it is often wise to have the alleged victim give a written or recorded statement to your California domestic violence defense lawyer that explains what the alleged victim states is “the truth” about what really happened. The defense firm can then use that statement in an attempt to convince the prosecution to drop charges. If the matter has to proceed to trial this statement can be often used to assist in your defense.
“Hearsay” as a Defense
Recent decisions by the California and United States Supreme Court have made it easier for an experienced criminal defense firm to win your domestic violence case. This is because the new case decisions have stated that in most domestic violence cases “hearsay” statements made to the police officers cannot be admitted into evidence at the trial. This makes it much more difficult for the prosecutor to win their case when they are dealing with an uncooperative “alleged victim.”
What to Do if You’re Charged with Domestic Violence
If the police arrive at your home during a fight, do your best to be calm and polite, but say nothing. Don’t admit anything or try to explain what happened. Provide the officer with your identifying information and say nothing more. Anything you say could be used against you later. You should immediately contact Wallin and Klarich when the police come to speak to you and let our law firm help you at this critical time. Our Orange County domestic violence defense attorneys can help you in dealing with law enforcement and assisting you with an attempt to be have you released from custody.
It is always a good idea to speak to a lawyer before speaking to a bail bondsman. In some cases you may be able to save thousands of dollars in bail bonds fees by speaking to a criminal defense attorney first.
Potential Consequences of Being Accused of Domestic Violence
Violence against a spouse, girlfriend or “ex” (Penal Code 273.5) is a “wobbler” in California. This means that the offense can be prosecuted as either a felony or a misdemeanor. Felonies are punishable by prison time, where misdemeanors are punishable by up to a year in county jail. A felony charge is more likely if the accuser has visible marks, bruises or required hospitalization or medical attention. Another law, Penal Code 243 (e) (1), broadly covers “a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship.” Violations of that law are punishable by up to a year in jail, a fine of up to $2,000, or both.
Furthermore, a domestic violence conviction — even one that only results in probation — will generally come with court-ordered anger management classes. These anger management classes are normally ordered for a 52 week period. Failure to complete the entire year will result in a violation of probation being filed against you. In addition, if you are convicted of domestic violence you are not allowed to use, own or possess a firearm for a minimum of ten years. In fact under federal law you may NEVER be ever to own a firearm again. For hunters and people who carry guns at work, this is a major and sometimes financially crippling punishment.
Get Professional Help Now!
The Orange County domestic violence attorneys at Wallin & Klarich are well versed in laws pertaining to domestic violence. If you or a loved one is facing a domestic violence charge, it is important that you speak with an experienced defense attorney. At Wallin & Klarich, our attorneys have over 40 years of experience in handling all types of crimes. Our attorneys will aggressively fight to defend your rights.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation. We will see to it that your rights are protected in a court of law, and that your innocence ultimately prevails.
I would highly recommend Matt Wallin to anyone in need of a good criminal defense in Newport Beach. Along with his partners and investigators at the firm Wallin & Klarich, Matt Wallin was able to get my felony case dismissed prior to any charges being filed. This was particularly impressive given the amount of detail and complicated nature of the case Matt had to deal with. I faced the possibility of having 3 felony charges tried against me, and the real possibility spending significant time in Orange County jail or California state prison. I am very pleased I hired Matt who was able to present my case to the DA and get the case rejected in the interest of justice before I ended up with anything on my record!
I am writing to let you know how impressed I was with the employees of Wallin & Klarich. From my initial phone call to your law firm, throughout both the civil and criminal trials, and a follow-up call to see how my son was doing after the verdict, your employees remained consistent in her ability to provide outstanding client support. Wallin & Klarich Attorneys represented your firm with a professional and caring attitude. The attorney was always accessible, responding promptly to all of my questions and concerns, or getting back to me when they needed to get an answer.
As a parent going through such an emotional turmoil with my son, I cant tell you how comforting it was to have a Wallin & Klarich staff member on the other end of the phone. At a time when both my son and I were confused and under great stress she was always extremely helpful. She kept us going and thinking positively. She always reassured me that no matter what the outcome your firm was on our side and was there for us. Without her I would have been lost.
I have been a manger and worked in the human resources department for over thirty years at several different companies, including law firms. I have had an opportunity to hire and work with hundreds of employees. I wanted you to know that Wallin & Klarich staff members stood out to me. She is intelligent, cooperative, professional and courteous. Her public relations skills are unsurpassed and she has a unique calming ability and the ability to offer unwavering support during very trying and stressful times. Thank you for all your help.
-A Loving Mother
I was going through a child custody dispute and my girlfriend to gain custody of my child, made an allegation that I physically abused her. I hired the law offices of Wallin & Klarich and they assigned an attorney to handle my case. My Wallin & Klarich attorney was able to prove to the district attorney and the judge that the allegations were false and got the case completely dismissed. If you are ever in need of an attorney that will fight for you, I would recommend Wallin & Klarich to handle your matter.
(877) 4-NO-JAIL or (877) 466-5245
Get A Free Consultation Now