Identifying the “Primary Aggressor” in a Domestic Violence Context – Part 1 of 3 – California Penal Code 13701

By: Wallin & Klarich

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.

An experienced domestic violence San Diego attorney will understand such critical factors as: mutual combat, self-defense, defense of others/property, and distinguishing between offensive and defensive injuries. 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 to find out more about how we can help. We will be there when you cal. Also continue to read Part 2 of our Primary Aggressor blog to learn more.

Posted In: Criminal Defense