Riverside Domestic Violence Defense Attorney
What is Domestic Violence?
Domestic violence is any abuse or threats of abuse committed against a person in a close relationship with the defendant. This can include significant others, former significant others, cohabitants, children, stepchildren, other family members, spouses, or former spouses. Cohabitants are two people who live together for a significant period of time and have established a permanent relationship. The court will consider several factors to determine cohabitation including:
- Any sexual relationship between you and the other person
- Shared expenses or income
- Joint use of property or ownership
- Labels on the relationship such as domestic partners or husband and wife
- The length and continuity of the relationship.
If you’re facing charges of domestic violence in Riverside, you need to contact a skilled domestic violence defense attorney. The prosecutors take crimes of this nature very seriously, and they will aggressively pursue your conviction, which has serious legal, personal, and professional consequences. Our attorneys at Wallin & Klarich have over 40 years of experience defending clients accused of domestic violence in Riverside. We’ve helped our clients avoid expensive fines and time behind bars. The legal penalties for specific domestic violence crimes in Riverside are outlined below.
Domestic Violence Charges in Riverside
If you are accused of domestic violence crimes in Riverside, you can be charged with the following crimes:
- Infliction of corporal injury on a spouse or cohabitant – This is a wobbler offense, meaning the prosecutor can charge you with either a misdemeanor or a felony depending on your criminal history, the severity of the injuries suffered by the victim, and the other facts of your case. Under PC 273.5, the prosecution must prove three key elements to convict you of corporal injury upon a spouse in Riverside, which includes:
- You used physical force to cause bodily injury to your former or current spouse, cohabitant, or parent of your child.
- You intentionally caused the alleged victim’s injury.
- Your actions resulted in a traumatic condition, such as a wound or any other injury. It’s important to note the wound or injury doesn’t have to be serious.
- Domestic battery – Under PC 243(e)(1), domestic battery is the intentional and unlawful use of force or violence upon another person who has a close relationship to you, such as your former or current spouse, significant other, cohabitant, or other family members. To convict you of domestic battery, the prosecution must prove the following elements:
- You intentionally touched a person who shares a special relationship with you.
- Your touching was harmful or offensive, meaning violent, rude, angry, or disrespectful.
Domestic Violence Penalties | What You’re Facing
If you’re convicted of domestic violence in Riverside, you can be sentenced to a combination of expensive fines, restitution, probation, counseling, and jail or prison time Your sentence depends on your specific crime, prior criminal history, and the facts of your case.
This is why you should immediately contact our skilled defense attorneys at Wallin & Klarich. In the event that you’re found guilty, we will work to get your sentencing reduced by presenting mitigating factors to the judge. For example, we could show that you have no prior domestic violence convictions or voluntarily sought anger management. If alcohol and drugs were involved in your case, we could also show that you sought rehab or addiction treatment.
Corporal Injury in Domestic Relations | PC 273.5(a)
If you’re convicted of corporal injury on a spouse in Riverside, the legal punishment you face not only depends on whether your conviction was a misdemeanor or felony, but also on your prior criminal history. If you’ve been convicted of assault, battery, domestic abuse, or sexual assault within the past seven years, you’ll face an even harsher sentence. If the victim was seriously injured, you may be sentenced to additional time behind bars. The penalties for corporal injury crimes include:
Misdemeanor penalties for corporal injury PC 273.5(a)
- Up to 1 year in county jail
- Maximum fine of $6,000
- Misdemeanor probation
- Domestic violence restraining order issued against you – This prohibits you from contacting the victim for up to 10 years.
- Community service and counseling – If you’re convicted of corporal injury on a spouse, you’re required to complete a 52-week batterer’s program.
- Restitution – You may also be required to pay for the victim’s counseling, medical bills, or other expenses resulting from the crime.
Felony penalties for corporal injury PC 273.5(a)
- Two, three, or four years in state prison and
- Fine up to $6,000
- Domestic violence restraining order
- Restitution
- Felony probation
- Batterer’s program for 52 weeks
-
Felony penalties with prior convictions
- Up to five years in prison
- Fine of up to $10,000
- Domestic violence restraining order
- Restitution
- Felony probation
- Batterer’s program for 52 weeks
-
Additional penalties for serious injury to victim PC 12202.7
- Three, four, or five years in prison as well as the other penalties for your specific domestic violence charge
Domestic Battery | PC 243(e)(1)
Under California PC 243(e)(1), it is a misdemeanor crime to commit battery against a person, who shares or formerly shared a significant relationship with you. If you’re convicted of domestic battery in Riverside, you face the following punishments:
- Up to a year in county jail
- A fine of up to $2,000
- Domestic violence restraining order
- Misdemeanor probation
- Batterer’s program for 52 weeks
- Restitution
Professional and Personal Consequences of Domestic Violence Conviction
Aside from expensive fines and losing your freedom, a domestic violence conviction will cause many problems in your professional and personal life. If you are sentenced to a jail or prison term, you’ll most likely lose your job. To make matters worse, some employers will not even consider applicants with a criminal record, which means finding a decent job to pay your fines will be difficult. If you are a teacher, lawyer, doctor, or other licensed professional, a domestic violence conviction can interfere with your certification and/or professional license.
Moreover, a domestic violence charge can also make you lose custody of your children. If a restraining order is issued, it may prevent you from contacting your children and you might even be banned from your home. The stigma attached to a domestic violence conviction can cause people to unfairly judge you, which could disrupt your current and future relationships. With so much at stake, it’s crucial to consult one of our domestic violence defense attorneys at Wallin & Klarich as soon as possible. For over 40 years, we have successfully defended many clients accused of domestic violence in Riverside. Our knowledge and legal skill will significantly increase your chances of a successful outcome. When you hire us, we’ll investigate your case and build a strong defense to help you avoid conviction. Contact us today for your free consultation!
Possible Defenses Against Domestic Violence Charges
When you’re accused of domestic violence in Riverside, you don’t want to just hire any defense lawyer. You need the best domestic violence defense attorney that you can find. Our defense attorneys have over 40 years of experience and extensive knowledge of domestic violence law. We’ve helped countless clients avoid the harsh consequences of domestic violence convictions in Riverside by getting their charges reduced or dismissed. We will build a strong defense strategy for you by thoroughly investigating the facts of your case. Some of the most effective defense strategies for domestic violence charges are highlighted below.
Self Defense
Under California law, you are legally allowed to defend yourself if you feel you are in immediate danger of serious physical harm or death. For example, your spouse jumps on you and repeatedly punches you. To get away from her, you push her off you and leave. Your actions could be considered self-defense, and we would present her history of violent behavior in court. However, you must use reasonable force. In the above example, hitting your spouse repeatedly with a baseball bat would not be considered self-defense. If defending yourself caused you to be charged with domestic violence in Riverside, we will defend your right to self-defense in court.
False Allegations
False accusations occur in domestic violence cases. This can be due to a former spouse trying to get revenge or gain favor in a heated divorce. Other times, family members get upset and falsely accuse a loved one. In either case, we look for evidence to show that the alleged victim is lying. If you’re falsely accused of domestic violence in Riverside, we will argue this defense on your behalf to persuade the court of your innocence.
Accidental Contact
Unfortunately, no one is immune to accidents. They happen all the time. To convict you of domestic violence, the prosecution must prove beyond a reasonable doubt that you intended to cause harm or injury. For example, you are trying to stop a fight between your spouse and son. In the process, you injure your spouse’s eye. In this case, your lawyer would present testimony from witnesses to show you did not cause the injury on purpose.
Hire A Domestic Violence Defense Attorney | How We Can Help You
When you’re facing serious charges, it’s extremely important to hire a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe four (4) key aspects separate an average attorney from the best defense attorney.
- Experience
- Communication
- Track record
- Ethos – Credibility
Wallin & Klarich | 40+ Years of Experience Defending Domestic Violence Charges
With over 40 years of experience defending clients accused of domestic violence, our attorneys at Wallin & Klarich understand the different strategies that work in the courtroom based on the details of each case. We are also familiar with the prosecutors, which gives us the advantage of knowing their strategies as well. Our real-world experience allows us to craft a strong defense, greatly increasing your chance of success.
24/7 Communication With Your Attorney | The Wallin & Klarich Way
At Wallin & Klarich, communication and transparency are the foundation of our success. It’s easy for clients to get lost in all the paperwork and legality. We want you to know what’s happening with your case, so we keep communication open and honest, taking the time to listen and address your concerns. This is why so many people choose our attorneys when they’re facing accusations of domestic violence. With 24/7 lines of communication and expert guidance throughout their legal journey, our clients are well-informed and happier. Working together, we’re able to achieve the best results.
Let’s begin building the strongest defense for your case. Give us a call at (877) 4-NO-JAIL.
Track Record of Success | Wallin & Klarich History of Winning Cases
Anyone can say they’re successful, but actual results speak for themselves. We want you to be just as confident in our abilities as we are, so we invite you to look at some of our client’s success stories and big wins in the courtroom.
Reputation & Ethos | Wallin & Klarich A Reputation You Want on Your Side
With hundreds of lawyers claiming to have extensive experience defending clients charged with domestic violence in Riverside, it is challenging to choose the right law firm to defend you. For more than 40 years, we’ve defended domestic violence cases, and many of our cases have been featured on television, in newspapers, and throughout the internet. Check out some of our most notable cases below.
Call Us Today
If you or a loved one are facing domestic violence accusations or charges, don’t hesitate to call us. Getting ahead of a case often makes all the difference. Call us today at (877) 466-5245 for a free consultation with one of our highly-skilled domestic violence defense attorneys.
When you need us, we will be here.
