I Had A Heated Argument With My Spouse That Led To Domestic Violence In Ventura. How Can I Have My Case Dismissed?
Under California’s domestic violence law, Penal Code Section 273.5, the District Attorney has substantial discretion over whether or not to prosecute a domestic violence charge in Ventura. Even if the alleged victim wishes to drop the charges, the prosecutor may nevertheless proceed with the case if they believe a crime has in fact been committed. It is also important to note that the District Attorney may press domestic violence charges…
Read MoreWhat Does The Prosecution Need To Prove For Corporal Injury On A Spouse In Riverside? – PC 273.5
To convict you of corporal injury on a spouse, the prosecution will have to prove ALL of the following elements: • You willfully inflicted the injury • The person you hurt was your spouse, cohabitant, or co-parent • The injury resulted in a traumatic condition If the prosecution cannot prove all of these elements of the offense, then you cannot be convicted of corporal injury on a spouse. You will…
Read MoreWhat Is Domestic Violence?
Domestic violence is any violence inflicted on a spouse, co-parent, cohabitant, prior or present romantic interest, child, or family member. The punishment for domestic violence can be severe. If you or a loved one has been accused of committing domestic violence, you need to contact an attorney who will vigorously defend your legal rights. The law affords special protections to victims of domestic violence because they are at a unique…
Read MoreWhat Is Corporal Injury On A Spouse? – PC 273.5
Corporal injury on a spouse is a form of domestic violence that is a crime under California Penal Code section 273.5. According to California law, it is unlawful to inflict a corporal injury resulting in a traumatic condition upon a spouse, cohabitant, or co-parent. If you or a loved one has been accused of domestic violence or is being charged with corporal injury on a spouse, it is essential to…
Read MoreHow Can A Domestic Violence Defense Lawyer Successfully Defend Me In Court?
Corporal injury on a spouse is a form of domestic violence. If you have been charged under California Penal Code section 273.5, it is imperative to your case that you contact an attorney as soon as possible. Possible defenses to corporal injury on a spouse include, but are not limited to: • Self Defense • Accident • Consent • Intoxication To find out if these defenses can be used successfully…
Read MoreI was charged with domestic violence in Orange County. I don’t want to lose my kids. How can you help me?
Wallin & Klarich trial attorneys have more than 40 years experience handling criminal, family law and juvenile dependency matters in Orange County. We can represent you in either or all of the above courts to make sure that you maintain your parental rights to your children. In addition if the domestic violence is alleged by your spouse or someone you live with that person could file a Domestic Violence Restraining…
Read MoreCan I purchase or own a gun if I have been convicted of a misdemeanor?
Can I purchase or own a gun if I have been convicted of a misdemeanor? Also, how can I get my gun rights reinstated if I want to purchase a firearm? A: California’s gun laws are some of the most complicated, vague and confusing laws of any laws on the books anywhere. There are a number of misdemeanor offenses that require that a person who is convicted of the offense…
Read MoreI have been charged with corporal injury on my spouse. My spouse no longer wishes to see me prosecuted for what happened. Will the prosecutor dismiss the charges against me if my spouse doesn’t want the case to proceed?
No. The prosecutor can, and often does prosecute corporal injury on a spouse cases even if the alleged victim no longer wishes the case to proceed. It is very common for an alleged victim in a domestic violence case to change their mind or no longer desire their spouse to be prosecuted. However the prosecutor will proceed with the case if they believe a crime has in fact been committed.
Read MoreIf I’m convicted of domestic violence/spousal abuse in Ventura, what sentence could the judge impose?
Domestic Violence If you are found guilty or plead guilty to domestic violence Penal Code Section 273.5 in Ventura, you will be facing up to three years in custody. You would be required to do 50% of the actual sentence in custody. However, there are many valid defenses to this crime. Contact the Ventura domestic violence attorneys at Wallin & Klarich toll free at 888-749-0034 as soon as you have…
Read MoreIf I am convicted of domestic violence/spousal abuse what sentence could the judge impose?
If you are found guilty or plead guilty to domestic violence (Penal Code Section 273.5) you will be facing up to three years in custody. You would be required to do 50% of the actual sentence in custody. However, there are many valid defenses to this crime. If you are found guilty of this offense it will be very difficult for you to ever gain primary custody of your children.…
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