Tustin Domestic Violence Defense Attorney
What Is Domestic Violence?
Domestic violence is a pattern of abusive behavior in a relationship used to gain control over another. This pattern of behavior can apply to spouses, significant others, children, family members, and cohabitants. Domestic violence charges are a serious matter and can carry grave consequences including fines and a prison sentence. If you have been accused, contact our skilled defense attorneys at Wallin & Klarich to learn how we have successfully defended clients against domestic violence charges for over 40 years.
Types of Domestic Violence Charges
Corporal Injury to Spouse or Cohabitant
According to California Penal Code Section 273.5, the prosecution must prove the following elements in order to convict you of corporal injury to a spouse or cohabitant:
- 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 injury.
Domestic Battery
California Penal Code Section 243(e)(1) defines domestic battery as the intentional and unlawful use of force or violence upon another person with a close relationship to you. The prosecution must prove the following elements to convict you of domestic battery:
- You intentionally touched your former or current spouse, significant other, family member, or cohabitant.
- Your touching was harmful or offensive.
Tustin Domestic Violence Penalties
Domestic violence is taken seriously in Tustin, and you may be facing a combination of fines, jail time, restitution, counseling, and other punishments. That is why you need a skilled defense attorney on your side. Below, we’ve outlined some of the penalties you may be facing if you are convicted of domestic violence.
Corporal Injury to Spouse or Cohabitant
PC Section 273.5 can be prosecuted as a misdemeanor or a felony depending on your prior criminal history. If you’ve been convicted of assault, battery, domestic abuse, or another violent crime within the past seven years, you will receive a harsher sentence. Similarly, if the victim was seriously injured, you may face additional jail time. The penalties for a misdemeanor include:
- Up to 1 year in county jail
- Up to $6,000 in fines
- Misdemeanor probation
- Restraining order
- Community service and counseling
- Restitution to the victim
The penalties for a felony include:
- 2, 3, or 4 years in state prison
- Up to $6,000 in fines
- Felony probation
- Restraining order
- Community service and counseling
- Restitution to the victim
If you had a prior conviction or caused serious injury to the victim, the penalties include:
- Up to 5 years in state prison
- Up to $10,000 in fines
- Felony probation
- Restraining order
- Community service and counseling
- Restitution to the victim
Domestic Battery
PC Section 243(e)(1) is generally prosecuted as a misdemeanor. The penalties include:
- Up to 1 year in county jail
- Up to $2,000 in fines
- Misdemeanor probation
- Restraining order
- Community service and counseling
- Restitution to the victim
Defenses for Domestic Violence
If you have been accused of domestic violence, your future and family may be on the line. That is why you need the best domestic violence attorney you can find. With over 40 years of experience, our attorneys have successfully defended many clients accused of domestic violence in Tustin and throughout California. Some of the effective defenses that we have used are highlighted below.
Self-Defense
One of the most common defenses for domestic violence is self-defense. In using this defense, you are essentially admitting that you broke the law, but that it was justifiable under the circumstances. For example, if your spouse begins beating you, you may push her with force to protect yourself. In order to successfully prove self-defense, your attorney must show that you:
- Reasonably believed you were in imminent danger of great bodily injury or death
- Reasonably believed that the immediate use of force was necessary to defend yourself
- Used no more force than was reasonably necessary
Accidental Contact
Accidents happen all the time. If you did not intend to cause harm to another, the prosecutor cannot charge you with domestic violence. For instance, if you are trying to stop a fight between your spouse and son and accidentally injure your spouse’s eye, your attorney can provide evidence to show that you did not intend to cause the injury. As such, you cannot be convicted of domestic violence.
False Accusations
False accusations are especially common in domestic violence cases. This is often caused by former spouses or family members trying to get revenge or gain favor in a divorce or child custody arrangement. If this is the case, our attorneys will search for evidence, including witness testimony, to support your side of the story and prove that the alleged victim is lying. We will fight to prove your innocence and clear your name.
Hiring a Tustin Defense Attorney | How We Can Help You
When you are facing serious criminal charges in Tustin, you need a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe in four key aspects that set us apart from other firms:
- Experience
- Communication
- Success
- Credibility
40+ Years of Experience Defending Domestic Violence Charges
With over 40 years of experience and offices throughout Southern California, our attorneys at Wallin & Klarich know the best strategies to use in the courtroom based on the specific details of each case. Our lawyers know how to use the most successful defense methods in even the toughest situations, often getting cases completely dismissed so that our clients have total relief. We are also familiar with the Southern California courts, having offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego. This allows us the additional advantage of knowing local prosecutors and judges. You, as our client, will undoubtedly benefit from our resources and knowledge.
24/7 Communication with Your Attorney
We believe that communication and transparency are the foundation of success here at Wallin & Klarich. We guarantee that we will always be open and honest in our communications, and we are never more than a phone call or email away. We want to keep you updated on the details of your case and take time to listen to and address your concerns. With 24/7 open lines of communication, our attorneys are always here when you need us.
Track Record of Success
Our staff has a proven track record of success with thousands of clients spanning over 40 years. Because of the stigma of domestic violence charges and the potential for serious repercussions, you need a qualified and experienced defense attorney to help you achieve redress. We want you to be just as confident in our abilities, so we invite you to look at some of our clients’ success stories and big wins in the courtroom.
Reputation and Credibility
It can be challenging to choose the right law firm to defend you. Because our clients know we are committed to them, Wallin & Klarich has been a well-respected firm in the Southern California community for many years. Our team will continue to serve our community with integrity and excellence, and we hope that you will give us the chance to defend you as well.
Discover how our skilled negotiators can help you fight a domestic violence charge. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.