Identifying the “Primary Aggressor” in a Domestic Violence Context – Part 2 of 3 – California Penal Code 13701

By: Wallin & Klarich

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.

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 call. Also, read Part 3 of our Primary Aggressor blog to learn more.

Posted In: Criminal Defense