What is Domestic Violence?

domestic violence lawyerA domestic violence crime occurs when you threaten or abuse a former or current significant other or cohabitant. Movies and television often portray this crime occurring between a couple. However, the police can arrest and charges you with domestic violence after an argument or fight with anyone living with you. 

What started as a simple misunderstanding can lead to a domestic violence conviction on your record. However, it is possible to avoid jail and a ruined reputation. Our skilled attorneys have helped many clients get domestic violence charges dropped in Victorville. With our help, you have the best chance of success. 

Retain a defense firm with over 40 years of experience. Call Wallin & Klarich today at (877) 4-NO-JAIL for your free consultation!

Who Is Considered A Cohabitant in Domestic Violence Cases?

Penal Code 273.5(a) does not provide a definition for cohabitants. So, the court decides which relationship meets the requirements of cohabitation. Generally speaking, a cohabitant is someone who:

  •  not related or married to you
  • Currently or formerly living with you
  •  In a relationship with you

The court will examine the relationship between you and the alleged victim to decide whether the two of you were cohabitants. More specifically, the judge considers many factors : 

  • Sexual nature of your relationship 
  • Financial nature of your relationship Whether you shared bills or income 
  • Mutual assets and ownership of property 
  • The way you label each other such as a boyfriend, girlfriend,  fiancée, or domestic partners 
  • The length and course of your relationship

Victorville Domestic Violence Crimes

Wallin & Klarich has represented numerous Victorville clients charged with domestic violence crimes, including the following: 

  1. You inflicted an injury on a former or current spouse. 
  2. You intentionally acted. 
  3. The victim endured physical trauma, such as a bruise, mark, scratch, or cut. Even minor scratches or marks are considered trauma.
  • Domestic battery – PC 243(e)(1) – For this crime, you face a misdemeanor conviction. A domestic battery consists of the following elements that the prosecution must prove:
  1. You are in a relationship with the alleged victim and touched them on purpose. 
  2. The physical contact was offensive or caused injury.  

Domestic Violence Penalties |  Harsh Consequences 

California hopes to reduce domestic violence by prosecuting this crime aggressively and imposing serious penalties. So, you should expect to face the full power of the prosecutor and a possible jail sentence if convicted. When you’re presented with such a challenging legal battle, you need skilled legal help to avoid harsh penalties. 

If you’re worried about what lies ahead and how to get out of this legal mess, consulting with our lawyers will put your mind at ease. Our domestic violence attorneys understand what you’re facing, and we also know the best ways to help you dodge a harsh sentence. Contact us today to learn more about how we can help you.  

You’ll find the penalties for domestic violence crimes below. 

Spousal Injury Penalties | PC 273.5

Your criminal history and the facts of your case determine the penalties you face if convicted of corporal injury on a spouse, also known as spousal injury. Prior domestic violence convictions may persuade the court to impose a lengthy prison sentence. In addition to this, the judge could increase your sentence if the victim suffered serious injuries. Below, we’ve summarized the penalties for spousal injury in Victorville. 

    • Misdemeanor penalties for corporal injury PC 273.5
      • One-year confinement in the county jail 
      • $6,000 fine
      • Informal probation
      • Domestic violence restraining order, preventing you from contacting or living with the victim for up to 10 years
      • Community service 
      • Counseling 
      •  52-week batterer’s program.
      • Restitution for the victim’s medical and therapy bills due to the incident 
      • Loss of your right to own or possess a gun 
  • Felony penalties for corporal injury PC 273.5(a)
      • Two to four years in prison
      • $6,000 fine
      • Domestic violence restraining order 
      • Restitution 
      • Formal probation 
      • Batterer’s program for 52 weeks
      • Loss of your gun rights 
  • Felony penalties with prior convictions
      • Five years in prison
      • $10,000 fine
      • Domestic violence restraining order
      • Restitution
      • Felony probation 
      • Batterer’s program for 52 weeks
      • Loss of gun rights  
  • Penalties for serious injury to victim PC 12202.7
    • Three to five years in prison on top of the corporal injury sentence

Domestic Battery Penalties | PC 243(e)(1) 

While this crime is a misdemeanor, a domestic battery conviction still carries considerable personal costs and legal penalties. The court can sentence you to the following: 

  • One-year confinement in the county jail 
  •  $2,000 fine
  • Domestic violence restraining order
  • Informal probation 
  • Restitution 
  • 52-week batterer’s program
  • Loss of gun rights

How A Domestic Violence Conviction Impacts Your Life In The Long Term 

A domestic violence arrest can leave your family in shambles. Your spouse or loved one may wake up the following day and wish they hadn’t called the police. But once the police get involved, it’s up to the prosecution to decide what’s next. Your career and reputation hang in the balance. 

Don’t let one heated argument take away what matters most to you. Consult with our domestic violence attorneys and explore all your options. We understand how unexpected and overwhelming this situation is for you. The best thing you can do is turn to us. We’ve helped many Victorville residents get through similar situations. If you have trouble affording a lawyer, we offer a payment plan to help you out. Plus, your phone consultation is completely free. At the very least, give us a call. 

Think of all you have to lose. Contact Wallin & Klarich today at (877) 4-NO-JAIL.

Domestic Violence Defense Strategies To Avoid Conviction

Right now, you may feel like your world is falling apart. But we want you to know there’s hope for getting everything back on track. Our attorneys have all the skills you need to get through this battle ahead. Wallin & Klarich has handled domestic violence cases similar to yours for over 40 years. 

From our experience, every case presents multiple opportunities for our skilled defense team to build a strong strategy. We’ll investigate the facts and determine the strengths of your case. Then, we build your defense, highlighting the weaknesses in the prosecution’s case. 

Below, you’ll find a few of our past strategies for getting clients domestic violence charges dropped or reduced in Victorville.

Self-Defense

The police can arrest the wrong person in a domestic violence case. If the alleged victim physically attacked you, the law allows you to use reasonable force to stop them from injuring you. 

For example, a few drinks lead to you and your partner bickering about finances. Things escalate into a screaming match, and your partner threatens you with a gun, which you wrestle away. But when the police arrive, they rush to judgment and arrest you. 

In this case, your Wallin & Klarich attorney would argue that the alleged victim posed a danger, and you only used enough force to get the gun and remove the threat. Under these circumstances, the prosecutor may even drop your charges. If you had no choice but to defend yourself, our attorneys are happy to discuss this defense with you in more detail. Call Wallin & Klarich today for your free legal consultation. 

False Allegations

Emotions can make people go to extremes, like making a false report out of anger or jealousy. Maybe your spouse lied or exaggerated the truth. Either way, it takes much more than stating the facts to convince the court that you’re innocent. You need an effective legal strategy that demonstrates your side of the story. 

If your significant other wants to help get domestic violence charges dropped, we can take their sworn statement. We will present it to the prosecutor and attempt to get charges dropped. We’ve successfully negotiated dismissals in many past cases. However, we’ve had just as much success in the courtroom, and we’re fully prepared to argue your case if the state can’t agree to a deal in your favor.  

Hire A Domestic Violence Defense Lawyer Who Understands

Wallin and KlarichWith so many defense lawyers competing for your attention, getting overwhelmed or hiring the wrong one is easy. When you choose a domestic violence attorney, you need to evaluate what they can do for you. Do they have experience and a solid track record? Are your best interests their priority? Don’t just take their word for it. Consider how they make you feel as well. Wallin & Klarich has years of experience fighting legal battles and working with clients. It’s easy for us to articulate what we bring to the table that separates us from other defense firms. We are known for the following characteristics:

  1. Trusted Legal Advocates
  2. Exceptional Negotiators
  3. 40+ Years of Practice 
  4. Specialized Legal Expertise 

Trusted Legal Advocates | The Wallin & Klarich Difference 

You need to be able to trust your domestic violence attorney. It’s bad enough you have to worry about the prosecution without having to wonder about your defense team. With Wallin & Klarich, you never have to question our loyalty. You’ll always receive one-on-one attention and genuine care when you visit our office. We are here for you when you need us, and we’re always prepared to fight for your best interests.

Exceptional Negotiators | 40+ Years of Success

You need a domestic violence lawyer who understands the best way to negotiate inside and outside of court. We’ve honed our negotiation skills during our 40+ years of practice, and we continue to strive for excellence. Find out how our expert negotiators can help you defeat false domestic violence accusations in Victorville, CA. Contact us today toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a local domestic violence attorney that you can trust! 

We’re here to help you!  

15437 Anacapa Road
Suite 12
Victorville, CA 92392
(760) 245-3045
(888) 749-0034
  • Contact Us Now

    If you or a loved one have been accused of a crime, now is the time to contact us.

  • This field is for validation purposes and should be left unchanged.

TUSTIN OFFICE

17592 Irvine Blvd
Tustin, CA 92780
(619) 404-2464
(888) 749-0034

PALMDALE OFFICE

41319 12th Street West
Suite 101
Palmdale, CA 93551
(619) 404-2464
(888) 749-0034

PASADENA OFFICE

1499 Huntington Dr
Ste 402
South Pasadena, CA 91030
(619) 404-2464
(888) 749-0034

RIVERSIDE OFFICE

7177 Brockton Avenue
Suite 339
Riverside, CA 92506
(951) 684-3340,
(888) 749-0034

SAN BERNARDINO OFFICE

334 W. 3rd Street,
Suite 207B
San Bernardino, CA 92401
(909) 383-1867
(888) 749-0034

SAN DIEGO OFFICE

444 W. C Street
Suite 410
San Diego, CA 92101
(619) 383-3200
(888) 749-0034

TORRANCE OFFICE

21151 S. Western Ave.
Suite 233,
Torrance, CA 90501
(310) 527-5500
(888) 749-0034

VICTORVILLE OFFICE

15437 Anacapa Road
Suite 12
Victorville, CA 92392
(760) 245-3045
(888) 749-0034

WEST COVINA OFFICE

1619 West Garvey Ave.
Suite 107
West Covina, CA 91790
(626) 480-1356
(888) 749-0034

Barstow Office

400 S. 2nd Ave.,
Suite 206
Barstow, California 92311
(760) 389-0338
(888) 749-0034

SCHEDULE YOUR free consultation

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.