Domestic Violence
California criminal defense attorney Thomas Wallin specializes in California domestic violence cases. If you need an Orange County, Riverside County, San Bernardino County, Los Angeles County, or San Diego County domestic violence Lawyer, call today at 1-866-857-5900.
Historically, it was only until the 1960’s that domestic violence was criminalized and husbands were arrested for battery. Alcohol played a major factor in these arrests, which increased on Saturday nights and were dropped by Sunday mornings without prosecution by wives retracting arrest charges. In 2005, society has clearly changed its view of domestic violence. The law says that simple assault and battery against others is still a crime, usually a misdemeanor, but the legal consequences increase when the victim is a close relation of the perpetrator (i.e. a present or former wife, common law lover, or parent or parent in-law). Law enforcement officers will almost always arrest the alleged perpetrator when accused by the victim. The District Attorney will prosecute and elevate the crime to a felony if the victim has evidence of marks, bruises, or blood from the alleged assault and battery. Additionally, if the victim is a child, the perpetrator can be charged with child abuse. The act of hitting a child with more than an open-hand swat on the buttocks is now chargeable as battery.
California Penal Code Section 273 states that “Willful infliction of corporal punishment of a present or past wife or girlfriend can be charged as a felony or a misdemeanor, with felonies carrying the threat of State Prison and misdemeanors being punishable by up to one year in the County Jail.
California Penal Code Section 243 (e) (1) covers a "spouse, a person with whom the defendant is cohabitating, a person who is the parent of the defendant'' child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating relationship," is punishable by up to one year in County Jail, a $2,000.00 fine, or both the fine and imprisonment. Anger management classes will usually be ordered by the court as mandatory for anyone convicted of domestic violence.
Here are important steps to take if you are involved in a domestic violence issue and the police are called. First, do not admit anything to the police! Everything that you say may, and will, be used against you. Don't try to explain what happened. The more you say, the greater a case the police can build against you. Second, call your lawyer as soon as possible. Some people call a bail bondsman first and spend up to $5,000 for a bond. Call California criminal defense lawyer Thomas Wallin at 1-866-857-5900 first. He may be able to get you released on your own recognizance without bail, or refer you to a well-respected bail bondsman.
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