Southern California Defense Blog

A charge of domestic violence in Orange County can completely change your life. A conviction has long-lasting repercussions that can affect you personally, professionally, and financially for years to come. Securing legal representation early on in your case can help to ensure the most favorable outcome.

A Domestic Violence Charge in Orange County May Result in a Misdemeanor or a Felony Conviction

Under California Penal Code 273.5, a domestic violence charge is a wobbler offense and may result in either a misdemeanor or felony conviction. The District Attorney has wide latitude with regard to charging decisions. If charged as a felony, you may face prison time; if charged as a misdemeanor, you may face up to one year in county jail. Due to the discretionary nature of domestic violence charges, an Orange County domestic violence defense lawyer from Wallin & Klarich may impact the prosecutor’s charging decisions.

Additional Punishments for Domestic Violence Convictions in Orange County

In addition to the possibility of jail time, a domestic violence conviction may lead to a number of other consequences, including:
• Probation for a minimum of three years
• High fees and heavy fines
• Mandatory attendance in an anger management/batterer’s treatment program for a fifty-two week period
• Loss of the right to possess, use or own a firearm for a minimum of ten years
• Deportation from the United States if you are not a U.S. citizen

Even more devastating, a domestic violence conviction may affect any pending child custody disputes in which you are involved. Potential consequences include the following:
• Imposition of a “monitored visitation” requirement, which will remain in effect until the you can prove that you are no longer a risk
• Restriction from coming within 1000 feet of your family—including your own children—if the domestic violence is alleged by your spouse or co-habitant and he/she files a successful Domestic Violence Restraining Order (DVRO) against you.

Fortunately, even in cases where evidence of domestic violence is strong, an established criminal defense law firm like Wallin & Klarich can push for a substantially reduced sentence. Thus, your first step should be to obtain legal representation.

After going over the facts of your case, we can explore potential defenses, such as an act of self-defense, an accident, or false accusations. Depending on your specific case, we may be able to obtain community service or probation and avoid a jail sentence altogether. It may even be possible to persuade the prosecuting attorney to drop the domestic violence charges entirely, though this will depend on the circumstances of your individual case.

Contact our Team of Experienced Orange County Domestic Violence Lawyers Today

Harsh consequences may result from a domestic violence conviction in Orange County. Our team of Orange County domestic violence defense attorneys at Wallin & Klarich will work to ensure that you face the least severe penalty possible. Our Orange County domestic violence defense lawyers have years of experience defending clients in domestic violence cases and are here to help you. Please call (888) 280-6839 or fill out our intake form on line to receive our immediate assistance. We have offices in Los Angeles, Ventura, San Bernardino, Riverside, Victorville and Orange County. We will be there when you call.

California Penal Code Section 273.5 is California’s domestic violence offense and requires the following to prove:

a) Corporal (bodily) injury was willfully inflicted on your current or former spouse, your current or former co-habitant-someone you shared a residence with, or the mother or father of your child.

b) The injury suffered was a “traumatic condition”, such as a visible physical wound or bodily injury.

This conviction can involve fines, jail or prison time, and court-ordered counseling and classes such as domestic violence classes and anger classes.

Prosecutors can choose to file it as either a misdemeanor or a felony.

A misdemeanor conviction encompasses 3 years of informal probation; up to a year in county jail, 52 weeks domestic violence and/or anger classes and fines. There is typically a protective order and restraining issued protecting the victim from future acts of violence, threats and abuse from the perpetrator.

If someone is convicted of a felony domestic violence offense in California, then there would be formal probation, 2, 3, or 4 years in State prison, possible strike allegations and additional prison time if great bodily injury was inflicted plus all the other consequences mentioned on a misdemeanor conviction such as fines and counseling and classes.

In the instance that the victim does not cooperate with the prosecution, the case can still go forward by the prosecution, however, it may affect how the district attorney handles the case as it may be more amenable to a plea bargained agreement should the victim not want to cooperate or testify against the perpetrator.

If you or a loved one has been arrested for domestic violence, it is imperative you contact our firm. Hiring an experienced domestic violence law firm is the best way to ensure you keep your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years. Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

It is extremely common these days for a couple to get into an argument and one of them (or a neighbor who may hear the altercation) will call 911. Once this happens the police are immediately notified and will come to your location where the altercation is taking place. Once the police interview the parties and decide that someone will be arrested for “domestic violence” or “spousal abuse” it is now up to the District Attorneys office as to whether to file criminal charges against one or both of the parties to the altercation.

Often the person that called the police, (now referred to as the victim by the police and prosecution) wants to change their mind after their loved one has been arrested. They do not want charges filed. They do not want the person to go to jail and possibly lose his or her job. Unfortunately once you make the call to law enforcement the police has the decision to arrest your loved which is out of your hands as to what will happen next.

If criminal charges of spousal abuse (PC 273.5) are filed then you are now the victim. The District Attorney will do all in their power to see that your loved one is convicted of the crime. If he or she is convicted they are facing up to 3 years in custody. Even if they are placed upon probation, they can do up to one year in jail. They also will be required to complete a 52 week batterers program.

In addition to the above, it is extremely likely the court will issue a criminal protective order which will mean that you and your loved one cannot see each other for a lengthy period of time, as long as the criminal case lasts in many cases.

Many people contact our office and ask for our help to represent their loved one in these situations. This is a very wise idea. If it is true that you do not want the prosecution to continue you can convey that information to our office. If you “overreacted” or exaggerated and some of the things you told law enforcement were not true then we can also convey that to the prosecution. This type of information can assist us in our attempt to have the charges dismissed against your loved one.

At Wallin and Klarich we have been helping people who find themselves accused of domestic violence for over 30 years. If you or your loved one is facing charges under Penal Code 273.5 Spousal Abuse
you must call us at 888-280-6839. We will be there when you call.

Late last year, in Laguna Niguel – Pete Roca, a 46-year-old law student, was arrested in connection with an alleged felony domestic violence incident. Roca, originally was charged with two felony counts, one of domestic violence and another count of assault with a deadly weapon. In addition to the two felony counts, he was charged with two misdemeanor counts of cruelty to animals and violation of a restraining order. Subsequently, he pled guilty to the one felony domestic violence count and the remaining counts were dismissed. He was sentenced to the low term of two years in state prison.

Under California Penal Code Section 273.5(a), any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.

If you or a loved one is facing a charge of domestic violence, contact the domestic violence lawyers at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

Penal Code 273.5 pc Corporal Injury to a Spouse or Cohabitant -- (a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting
in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.

An individual can be punished for the above crime of inflicting bodily injury on their current or former spouse; cohabitant or former cohabitant; or the parent of his/her child resulting in a traumatic condition-a visible injury, bruising, scratches, etc and even more serious conditions such as broken bones or more serious injuries.

Consequences of being convicted for this offense include, jail time, prison time, hefty fines, domestic violence classes, anger management classes, community service and other additional consequences including protective orders and restraining orders against the perpetrator.

There are many instances where the victim, the spouse, and/or cohabitant recants their allegations or does not want charges to be filed, however, when law enforcement is involved and the prosecution reviews the case, it may do little for the victim to recant or seek to have the charges dropped, however, an experienced Riverside criminal defense attorney can work the case and show proper defenses and negotiate a possible less serious offense as to the original charge with the prosecution.

Have you or a loved one recently been charged with a domestic violence offense? It is important to contact an experienced Riverside criminal attorney to represent you against these charges. At Wallin and Klarich, our Riverside defense attorneys have successfully represented many clients in this situation. Call us at 1-888-749-0034 or visit our website at www.wklaw.com

The answer is that your wife can do this and it happens every day. When the police arrest someone for domestic violence they “hope” the District Attorney will file criminal charges. However, sometimes the DA will not file the criminal charges because they do not feel they will able to obtain a conviction. The police will often suggest to the spouse that is viewed as the “victim” to go to court and ask the family law court judge to grant a restraining order against the alleged perpetrator.

It is vital if you are served with a restraining order that you retain an experienced restraining order attorney to help you. If the court grants the restraining order against you it can mean that you will be unable to come within one hundred yards of your spouse. This often means you will have great difficulty seeing your children. In addition if a restraining order is granted against you then the law requires you to surrender all of your firearms to law enforcement.

A restraining order can be granted for as long as five years. If you violate the restraining order you can be charged with a separate criminal charges and sent to jail for criminal violation of a restraining order. You do not want to give your spouse the “power” to contact the police and have them put you in jail. Protect yourself and immediately retain an experienced law firm who can help you.

If you are facing a similar legal matter, give us a call. Wallin & Klarich has been defending the rights of thousands of clients in Southern California for over 30 years. Call us at 888-749-0034. We are available 24 hours a day 7 days a week.

On September 15, 2010, boxer Floyd Mayweather, Jr., was charged with four felonies and four misdemeanors stemming from an alleged incident with his ex-girlfriend and their three children at her apartment.

The Nevada felony complaint alleged that, on September 9, 2010, Mayweather threatened two of his children by stating that if they called 911 or left the apartment, he would “beat [their] ass.” Mayweather also allegedly beat his ex-girlfriend and took her cell phone. He allegedly threatened to make his ex-girlfriend or her current boyfriend “disappear.”

Mayweather was charged with two counts of a felony assault-type crime, one count of felony robbery, one count of grand larceny, one count of misdemeanor battery, and three counts of a misdemeanor assault by conditional threat-type crime. Mayweather’s arraignment is set for November 9, 2010.

In California, assault is “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Penal Code section 240.) Assault by conditional threat occurs when a perpetrator threatens to use force against the victim unless the victim does something which the perpetrator has no right to demand. (See People v. Page (2004) 123 Cal.App.4th 1466, 1473.) Whether an assault is a misdemeanor or felony depends on the circumstances, such as the status of the alleged victim or whether the alleged victim used a deadly weapon.

Under Penal Code section 242, “[a] battery is any willful and unlawful use of force or violence upon the person of another.” Battery against a person with whom the perpetrator has a child may be considered domestic violence. (Family Code section 6411(d).) Battery may be a misdemeanor or felony, depending on the circumstances of the crime.

Grand larceny is a theft when the value of the property taken is over $400, or certain other items regardless of value, such as domestic livestock or a firearm. (Penal Code section 487.) Grand larceny is punishable by either up to a year in county jail, or 16 months, two years, or three years in state prison. (Penal Code section 487(a).) If the item taken was a firearm, then the punishment is 16 months, 2 years, or three years in the state prison. (Penal Code section 487(b).)

Robbery is the unlawful taking of personal property of another from his or her person by force or fear. (Penal Code section 211.) Robbery is a felony, but the punishment varies depending on the circumstances of the crime. (Penal Code section 213.)

If you or someone you know has assault and battery charges pending, you will need an experienced Southern California defense lawyer who is familiar with assault and battery laws. At Wallin & Klarich, we have defended people accused of assault and battery for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

If a person is granted probation for a domestic violence crime, California Penal Code Section 1203.097 lists the conditions of probation that must be given. The list below shows some of the conditions that may have a significant impact on a person’s life:
1. A minimum period of probation of 36 months
2. A criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions
3. Notice to the victim of the disposition of the case
4. Successful completion of a 52 week batterer’s program
5. The court also shall order the defendant to perform a specified amount of appropriate community service, as designated by the court

These are only a few of the mandatory conditions of probation for a domestic violence crime. Under California Family Code Section 6211, the mandatory conditions of probation include crimes where the victim is a spouse or former spouse, a cohabitant or former cohabitant, a person with whom the defendant is having or has had a dating or engagement relationship, a person with whom the respondent has had a child, a child of a party, any other person related by kinship.

If you or a loved one is facing a charge of domestic violence, it is important that you speak with an experienced domestic violence attorney. At Wallin & Klarich, our Southern California domestic violence attorneys have over 30 years of experience. We will aggressively fight to get you the best possible result. We will inform you of the penalty you are facing and the conditions of probation that could be given. Call us today at (888) 280-6839 or contact us through our website at www.wklawdomesticviolence.com. We will be there when you call.

In the context of a domestic dispute, arresting the wrong individual has significant legal consequences, but also other consequences that are not as apparent. A concern that is largely overlooked are the effects that a wrongful arrest can have on victims, especially children.

Children are very insightful and more intuitive than people realize. Children embroiled in domestic disputes are learning to distrust police. In cases where both parents are arrested, children are left abandoned, and they associate the presence of police with the breakup of the family. It is not difficult to recognize the gradual changes in the way that police approach domestic violence situations. Police departments are operating under "pro-arrest policies" in the domestic violence situations.

Arresting the wrong individual in domestic violence situations has consequences that include serious issues of child dependency, child custody, housing, emergency protective orders, criminal protective orders, no-contact orders. Further, immigration and naturalization of citizenship issues arise, which may lead to deportation from the United States.

In order to make sure that your rights are accurately and aggressively defended after being charged with domestic violence in Southern California, you should contact the experienced Southern California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-280-6839 or visit www.wklaw.com to find out more about how we can help.

Domestic violence stories in California often have a common theme. The alleged abuser in someway assaults the alleged victim and the police are called. The alleged victim is upset and is pressured by police to tell them everything that happened. The alleged victim discloses the alleged abuse and the alleged abuser is arrested. After the dust settles, the alleged victim realizes that he or she loves or needs the alleged abuser and the two reconcile. Domestic violence charges are filed by the prosecutor but the alleged victim doesn’t want to prosecute and see the alleged abuser get into trouble. The alleged victim appeals to the prosecutor to drop the case but the prosecutor does not listen. The alleged victim doesn’t cooperate with the prosecutor and the prosecutor threatens to arrest the alleged victim if the alleged victim does not testify.

California domestic violence law changed on January 1, 2009 and it is very important for those involved in domestic violence cases to know the new law. Prior to this law, prosecutors often threatened alleged domestic violence victims with jail time if they refused to testify against their abusers. However, after passage of this law, a domestic violence victim is now protected from the threat of incarceration if he or she refuses to testify against his or her abuser in court. This law ensures that domestic violence victims have the same protections under the law as rape victims who are protected under the “Rape Shield Law.” The Rape Shield Law protects victims from the threat of incarceration when they refuse to testify against their attackers.

Despite the passage of this law, prosecutors continue to threaten domestic violence victims with the prospect of incarceration if they refuse to testify against their abuser. It is important for everyone involved in domestic violence cases in California to know the law and their rights. If you or a loved one is involved in a domestic violence case in California, don’t hesitate to contact an experienced domestic violence attorney at Wallin & Klarich. Call 1-888-280-6839 or visit us at www.wklaw.com to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys today. We will be there when you call.

Have you been accused of domestic violence? Is it alleged that you caused injury to your current or former spouse or cohabitant? If so, you need an experienced advocate by your side, starting now. Police officers are trained to arrest the "primary aggressor" when responding to a domestic dispute. In making such a critical determination, several relevant inquiries arise.

First, who is the 911 reporting party? Who in the relationship poses the most danger to the other? Who has motive to lie or retaliate? Is either party under the influence of alcohol or drugs? As you can see, these questions do not lend themselves to an officer's snap-judgment. As such, you must seek legal counsel in an effort to provide clarity on the real and true facts and circumstances of the incident.

An experienced California domestic violence attorney understands the factors relevant to making a "primary aggressor" determination. These factors go well beyond an immediate determination and arrest based solely on relative sex, height, or weight of each party.

Continue reading "Identifying the "Primary Aggressor" in a Domestic Violence Context - Part 3 of 3 - California Penal Code 13701" »

In identifying the "primary aggressor" of a domestic violence dispute, law enforcement will consider the intent of the law to protect victims of domestic abuse from continuing abuse, any threats giving rise to fear of physical injury, the history of domestic violence between the parties involved, and whether either part was acting in self-defense.

If you have been accused of causing injury to a spouse, former spouse, or cohabitant, you will need an experienced criminal defense attorney to review the surrounding facts and circumstances. Certain injuries can be classified as defensive injuries. In addition, the following must be analyzed: The seriousness of injury alleged; the motive to lie, use of alcohol and/or drugs, and more. It is important to memorialize the incident by writing a detailed statement of facts - this will be reviewed by your Southern California defense attorney.

Continue reading "Identifying the "Primary Aggressor" in a Domestic Violence Context - Part 2 of 3 - California Penal Code 13701" »

Police officers and prosecutors alike receive training for identifying the primary aggressor in the context of a domestic violence dispute. When being charged with any type of domestic violence in California, it is critical that you immediately contact a criminal defense attorney versed in handling all domestic violence cases. You will need an advocate on your side to assist in painting a more accurate portrait of the incident in question.

California Penal Code section 13701 is instructive in identifying the "primary aggressor." California Penal Code section 13701(b) provides that written policies should encourage the arrest of domestic violence offenders if there is probable cause to believe that an offense has been committed. It is important to understand that such policies discourage, but do not prohibit, dual arrests. As such, law enforcement officers are encouraged to identify the primary aggressor in any domestic violence dispute or incident.

Continue reading "Identifying the "Primary Aggressor" in a Domestic Violence Context - Part 1 of 3 - California Penal Code 13701" »

The language in recent case decisions indicates that courts recognize the danger inherent in domestic violence situations. The volatility of situations involving domestic violence make them particularly well suited for an application of the emergency circumstances doctrine, where law enforcement can enter your home without a warrant given that an emergency is taking place.

When officers respond to a 911 domestic abuse call, a judgment call may be required when making a determination of whether law enforcement is permitted to enter a residence. There is language in a recent court case suggesting the need for courts to respect the judgment of officers who feel they must enter a residence in a domestic violence situation.

Continue reading "What You Need to Know if You Are Facing a Domestic Violence Charge" »

Two leading domestic violence cases, People v. Frye (1998) 18 Cal.App.4th 894 and People v. Wilkins (1993) 14 Cal.App.4th 761, have held that law enforcement entries into a suspect’s home were lawful as consent entries. The court in People v. Frye stated as follows; it may be inferred from the fact the victim and defendant resided together in the apartment that the victim possessed authority to consent to the officer's entry.

Consent to enter may be express or implied. For example, officers were standing outside the open door asking the victim who had hurt her. The victim motioned to the defendant lying on the couch inside the home. The officers stepped into the apartment to see who the victim was pointing at. Such actions provide sufficient indication of victim's consent to the entry.

Continue reading "Domestic Violence - Officer's Entry Into Suspect's Home Found To Be Lawful Based Upon Express or Implied Consent (Part 3)" »

In the context of an officer's warrantless entry into your residence, the most important issue is objective reasonableness. Whether, under the circumstances of your case, the officer's warrantless entry into your residence was objectively reasonable. If so, the "exigent circumstances" expection to the general warrant requirement may apply to justify the entry.

A common issue in domestic violence cases is whether the officer responding to the scene should have secured a warrant before entering the residence. The police and prosecution will argue that any delay to obtain a warrant would have posed a safety risk to the alleged victim. On the other hand, defense counsel may have facts which go to show that abandoning the scene to obtain a warrant was unlikely to expose the alleged victim to further harm.

Continue reading "Domestic Violence - Exigent Circumstances May Justify An Officer's Warrantless Entry Into Your Residence (Part 2) " »

Several cases have involved situations wherein officers go to a residence in response to a report of domestic violence being committed. Generally, if an obviously battered victim is present and the batterer is still within the residence, the officer may enter the residence to arrest the batterer. This was expressed in the case of People v. Frye (1998) 18 Cal.4th 894.

The issue is whether, in light of the facts known to the officer at the time, the officer could have reasonably concluded that immediate action was necessary. An attorney may be able to argue that had the officer left the scene to obtain a warrant, there was not a significant risk of additional harm. Such an argument is fact-intensive and requires review and analysis by an experienced California domestic violence defense attorney.

Continue reading "Domestic Violence - Officer's Presence At One's Residence (Part 1)" »

If you have been accused of violating a restraining order, you may be considered to be in contempt of court. A violation of a restraining order can lead to a misdemeanor or felony charge. Generally, if it is a first offense it will be charged as a misdemeanor.

You might be facing hefty fines as well as potential jail time. The amount of the fine and the length of jail time will increase if a person was injured during the violation and/or if there have been multiple violations.

If you or a loved one have been accused of violating a restraining order in California, it is important to hire a skilled Southern California criminal defense attorney. An experienced attorney can make a big difference in your case ensuring that your rights are protected and that you understand the charges you are facing.

Continue reading "Violation of a Restraining Order" »

Restraining orders are court orders that prohibit one person from contacting another person. In the state of California, there are various types of restraining orders.

1. Emergency Protective Order (EPO) – This type of restraining order goes into effect immediately but is not long-lasting. It is generally used in domestic violence instances and gives a person time to apply for a permanent restraining order.


2. Temporary Restraining Order (TRO) – This type of restraining order also is not long-lasting. The order is typically in force for up to a month. This order goes into effect once a person has actually applied for a restraining order.


3. Permanent Restraining Order – This type of restraining order goes into effect after a court hearing has taken place and can be in force for typically 3 or 5 years. This type of order can also be extended if a threat still exists.

Continue reading "Restraining Orders in California" »

A 45-year-old Orange County man was sentenced to 17 years imprisonment for possessing homemade explosive devices with the intent to kill his former wife, her divorce attorney, the family court judge and Huntington Beach Police Department officers. The Costa Mesa resident was ultimately charged with a laundry list of offenses, 15 felony counts in all, including stalking, possession of a destructive device with intent to injure, possession of a homemade deadly weapon and possession of a loaded firearm in public.

The convicted man had been married to his wife for 14 years before they were divorced in 2007. The estranged wife then gained sole custody of the couple’s two children, ages 11 and 13, and eventually kicked him out of their home. In recent months it was reported that the man’s spousal and child support payments had substantially increased.

In April 2008, the man was placed on probation after pleading guilty to four misdemeanor violations of breaking a domestic violence restraining order. Several months later, authorities accused him of making threats against his wife and her divorce lawyer. Authorities later pulled the suspect’s car over in a traffic stop on the Garden Grove Freeway and recovered handcuffs, pepper spray, throwing knives and a stolen 9-millimeter firearm with its serial numbers removed.

Continue reading "O.C. Man Sentenced to 17 Years for Making Threats to Wife and Family Law Judge" »