What is Domestic Violence?
Domestic violence is a form of abuse committed against a person close to the defendant, which includes spouses or former spouses, significant others or former significant others, cohabitants, children, or other family members. This encompasses physical abuse or threats of physical harm. In California, prosecutors have the power to file domestic violence charges as either a felony or misdemeanor offense. A conviction for a violation of domestic violence can result in serious punishment and that makes it extremely important to contact an experienced domestic violence defense lawyer at Wallin & Klarich as soon as possible to ensure you have proper representation.
Domestic Violence crimes generally fall into one of two categories:
- PC 273.5 – Infliction of corporal injury on a spouse or cohabitant
- PC 243(e)(1) – Domestic battery
Domestic Violence Penalties | What You’re Facing
If you’re facing a domestic violence charge, you are at risk of serious consequences. Aside from the social/personal ramifications of being accused of domestic violence, like the loss of job opportunities and the stigma attached to this type of charge, there are serious penalties that the state can impose upon you if you are found guilty.
These penalties vary but can include:
PC 273.5(a) – Corporal Injury in Domestic Relations
If you are charged with PC 273.5(a), you are facing a felony conviction that could result in 2-4 years in a state prison, up to 1 year in a county jail and /or a fine of up to $6,000. This charge is applicable if the victim is one or more of the following:
- The offender’s spouse or former spouse.
- The offender’s cohabitant or former cohabitant.
- The offender’s fiance or fiancee, or someone with whom the offender has, or previously had, an engagement or dating relationship.
- The mother or father of the offender’s child.
PC 243(e)(1) – Spousal Battery
Under California law it is a misdemeanor to commit battery against a spouse or ex-spouse, fiance or fiancee, cohabitant, or parent of the defendant’s child. A conviction for this crime is punishable by a fine of up to $2,000 and/ or by imprisonment in a county jail for as long as 1 year
The potential punishment for either of these crimes can be severe, which is exactly why you need to reach out to an attorney immediately. The experienced and knowledgeable domestic violence defense lawyers at Wallin & Klarich will guide you through each step of the legal process to help you better understand the charges you are facing and counter them in the most productive way possible.
Possible Defenses To Domestic Violence
Here at Wallin & Klarich, we know that you are seeking a highly qualified domestic violence lawyer. With over 40 years of experience, our lawyers employ advanced defense strategies to help you achieve the best possible outcome in your case . Below are some of the different defense strategies we have successfully employed in prior domestic violence cases:
It is within your legal right to defend yourself when you feel you are about to be assaulted. For example, if the alleged victim hit you or threatened your safety, you can protect yourself from further harm. However the degree of force you are allowed to use must be “reasonable force” under the circumstances you face. Your lawyer will look for evidence of violence by the alleged victim during the altercation as well as a past history of assaultive behavior on their part.
In some cases, it may be appropriate for your lawyer to assert that the alleged victim is lying. Your lawyer will look for a past history of the victim lying and/or inconsistencies in his/her story.
We are all aware that accidents do happen. Another successful defense we have often used in prior cases is that our client did not intend to cause harm to the victim. For example, you may intervene in the middle of a fight and as a consequence someone is injured. Your lawyer will look for witnesses that can confirm your side of the story.
Your attorney may argue that you did not commit any crime. One of the ways he or she can do this is by establishing a credible alibi. This will help to prove that you were not at the scene of the crime.
There are a variety of possible defenses for domestic violence. At Wallin & Klarich, we know that every case is different. Our domestic violence defense attorneys will look closely at the details of your case and use their expertise to build a solid defense for you. Contact us today for your free consultation. Call 877-466-5245 now.
Hire A Domestic Violence Defense Attorney | How We Can Help You
When dealing with such serious allegations, it is crucial to hire the best attorney you can find. At the criminal defense law firm of Wallin & Klarich, we believe that there are four (4) key aspects that you should look for when hiring a domestic violence defense attorney.
- Track record
- Ethos – Credibility
Wallin & Klarich | 40+ Years of Experience Defending Domestic Violence Charges
Wallin & Klarich, has over 40+ years of experience representing clients accused of domestic violence. This experience does not only mean that we are competent in the specifics of a domestic violence case, but equally important, we know our way around the local courthouses and we know the local prosecutors. Not only do we know what we bring to the table, we also know what the other side will be bringing to the table. The combination of this legal knowledge and experience makes it easier to craft a defense that gives you the highest chance of success in your case.
24/7 Communication With Your Attorney | The Wallin & Klarich Way
Cases are won in the courtroom, but made in the office. At Wallin & Klarich, we believe that communication and transparency are vital to a successful case. With all the paperwork and legal jargon, we have found that when persons hire other law firms it is common for clients to get lost in the legal process and only have a vague idea of what is going on in their case. We believe this is very unfair to the client. By keeping an open line of communication with our clients and walking side-by-side through all the steps of the case, we have found that our clients are better informed about what is going on in their case and often receive a better outcome when communication is kept at the forefront of our efforts.
Give us a call at (877)-4NO-JAIL and let’s begin communicating on how we can achieve a successful outcome in your case.
Track Record of Success | Wallin & Klarich History of Winning Cases
Words mean nothing if the outcome of your case is not what you expect.We are confident enough in our abilities to deliver the best possible outcome in your case that we invite you to read about our previous accomplishments for some of our prior clients who were facing domestic violence charges.
Reputation & Ethos | Wallin & Klarich A Reputation You Want on Your Side
Throughout our years of defending people accused of serious crimes, we have been honored to represent some clients in highly publicized cases. Our lawyers have appeared on many television, radio, newspaper, and social media programs discussing what we have done to successfully defend our clients. Feel free to check out our appearances below.