Santa Clarita Domestic Violence Defense Lawyer
Our Valencia / Santa Clarita Law Firm handles every type of domestic violence case. We
assist clients accused of assault, stalking, spousal abuse, phone and email harassment, all
the way to Domestic Violence homicides. Regardless of the alleged offense, we can help
you present your best legal defense. Prosecutors are now taking Domestic Violence
accusations very seriously. Even in cases where none of the parties involved want to press
charges, you may still find yourself in Court. Incidents that would not have led to charges
being filed 15 years ago are now a high priority for district attorneys. A phone call to 911 will
often result in the accused being arrested and held on $50,000 bail or more.
Some of the common Santa Clarita Domestic Violence criminal violations are as follows:
What if the alleged "victim" does NOT want to press charges or
prosecute?
This is a common question asked of those arrested and charged with domestic violence.
The quick answer is that it does not matter. The Law does not regard the wife, girlfriend,
boyfriend, domestic partner or family member as a party or plaintiff. In the eyes of the law
the person that was injured or called the police is merely a witness in the case. From the
standpoint of the District Attorney, the victim has no say in how the case is prosecuted in
the Santa Clarita Valley Court.
Most domestic violence charges may be filed as a misdemeanor or a felony because they
are what are known as "wobblers". How it is filed by the Prosecutor is based on the
seriousness of the case. Serious injuries (including severe cuts, large bruises and broken
bones) will almost always be charged as a felony. When no injury exists or where there is
slight injury, these cases will generally be filed as a misdemeanor. Both prior acts of
reported domestic violence and the criminal history of the accused may also influence
whether the case will be filed as a felony.
In some cases, hiring a Lawyer early could allow for early intervention and dismissal of the
charges. A local experienced criminal defense attorney can contact the prosecutor and fully
explain the "whole story" which is often left out of the police report.
For example, In a recent Santa Clarita case we were hired by the accuser to represent her
fiance in a spousal abuse case where he allegedly attacked her with a weapon. She wanted
to keep him from being convicted of any criminal charges. Due to the fact we were retained
early, we advised the client of how the investigation will unfold and how to proceed. We
explained the process to the family so they understood the potential repercussions. We
intervened with the police and the District Attorney and when all was said and done the
charges were dropped.
What if the "victim" does not want to drop the charges?
In not all cases is the "accuser" or "victim" very cooperative or interested in having the
charges dropped. In a recent case we represented the husband in a PC 273.5 case where
the wife had sustained a black eye. Our client told us it was done in self defense. The
"victim", we believed distorted the facts and had the ulterior motive of money in upcoming
divorce and civil proceedings. We took an aggressive stance and fought the false
allegation all the way to trial. We were able to convince 12 jurors that the client did in fact
act in self defense and our client was found not guilty on all counts.
Any Domestic Violence accusations are a serious criminal matter. You need a serious Santa
Clarita Domestic Defense attorney to help you. Our lawyers have handled many cases of
this type in the 20 plus years we have been practicing criminal defense law. Before founding
this firm, we worked for the District Attorney’s Office as prosecutors. We understand every
aspect of these cases and we can help you through this process.
The Law of spousal abuse (PC 273.5) in California:
Penal Code § 273.5. Infliction of injury on present or former spouse or cohabitant
or parent of child; Punishment;
(a) Any individual 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 jail or imprisonment.
(The law defines a "traumatic condition" quite liberally, it can involve minor redness to
the skin, swelling, a small bruise, scrapes, etc.)
Even though the law regards spousal abuse as a felony, attorneys can negotiate the case
down to a misdemeanor, infractions or in many cases convince the District Attorney to
modify the charge to a non-domestic violence crime.
We know our clients are concerned about jail time and a conviction on their criminal record.
We can give you advice about your legal options and information about defenses and
strategies that have worked for our clients in the past.
Contact our Santa Clarita Attorneys for more detailed and case specific information and a
free case assessment. Or if your case requires more immediate attention call us toll
free at 1-877- 281-5010 and ask to speak directly with the attorney, you will not be
"passed off" to a case manager or paralegal.
In our experience early intervention by a lawyer is the best way to avoid charges being
filed. If you have been accused of spousal abuse, battery, assault, intimidating a witness,
criminal threats, or any other similar offense, call us today for a free consultation.
assist clients accused of assault, stalking, spousal abuse, phone and email harassment, all
the way to Domestic Violence homicides. Regardless of the alleged offense, we can help
you present your best legal defense. Prosecutors are now taking Domestic Violence
accusations very seriously. Even in cases where none of the parties involved want to press
charges, you may still find yourself in Court. Incidents that would not have led to charges
being filed 15 years ago are now a high priority for district attorneys. A phone call to 911 will
often result in the accused being arrested and held on $50,000 bail or more.
Some of the common Santa Clarita Domestic Violence criminal violations are as follows:
- Spousal Abuse, PC 273.5
- Assault, PC 240
- Assault with deadly weapon or great force, PC 245(a)
- Battery, PC 242, 243
- Child Abduction, PC 278, 278.5
- Contempt of Court, PC 166
- Disturbing the Peace. PC 415
- Criminal Threats, PC 422
- Witness Intimidation, PC 136.1
- Rape of Spouse, PC 262
- Telephone Harassment, PC 653m
- Trespass, PC 602
- Violation of a Domestic Violence Restraining Order, PC 273.6
What if the alleged "victim" does NOT want to press charges or
prosecute?
This is a common question asked of those arrested and charged with domestic violence.
The quick answer is that it does not matter. The Law does not regard the wife, girlfriend,
boyfriend, domestic partner or family member as a party or plaintiff. In the eyes of the law
the person that was injured or called the police is merely a witness in the case. From the
standpoint of the District Attorney, the victim has no say in how the case is prosecuted in
the Santa Clarita Valley Court.
Most domestic violence charges may be filed as a misdemeanor or a felony because they
are what are known as "wobblers". How it is filed by the Prosecutor is based on the
seriousness of the case. Serious injuries (including severe cuts, large bruises and broken
bones) will almost always be charged as a felony. When no injury exists or where there is
slight injury, these cases will generally be filed as a misdemeanor. Both prior acts of
reported domestic violence and the criminal history of the accused may also influence
whether the case will be filed as a felony.
In some cases, hiring a Lawyer early could allow for early intervention and dismissal of the
charges. A local experienced criminal defense attorney can contact the prosecutor and fully
explain the "whole story" which is often left out of the police report.
For example, In a recent Santa Clarita case we were hired by the accuser to represent her
fiance in a spousal abuse case where he allegedly attacked her with a weapon. She wanted
to keep him from being convicted of any criminal charges. Due to the fact we were retained
early, we advised the client of how the investigation will unfold and how to proceed. We
explained the process to the family so they understood the potential repercussions. We
intervened with the police and the District Attorney and when all was said and done the
charges were dropped.
What if the "victim" does not want to drop the charges?
In not all cases is the "accuser" or "victim" very cooperative or interested in having the
charges dropped. In a recent case we represented the husband in a PC 273.5 case where
the wife had sustained a black eye. Our client told us it was done in self defense. The
"victim", we believed distorted the facts and had the ulterior motive of money in upcoming
divorce and civil proceedings. We took an aggressive stance and fought the false
allegation all the way to trial. We were able to convince 12 jurors that the client did in fact
act in self defense and our client was found not guilty on all counts.
Any Domestic Violence accusations are a serious criminal matter. You need a serious Santa
Clarita Domestic Defense attorney to help you. Our lawyers have handled many cases of
this type in the 20 plus years we have been practicing criminal defense law. Before founding
this firm, we worked for the District Attorney’s Office as prosecutors. We understand every
aspect of these cases and we can help you through this process.
The Law of spousal abuse (PC 273.5) in California:
Penal Code § 273.5. Infliction of injury on present or former spouse or cohabitant
or parent of child; Punishment;
(a) Any individual 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 jail or imprisonment.
(The law defines a "traumatic condition" quite liberally, it can involve minor redness to
the skin, swelling, a small bruise, scrapes, etc.)
Even though the law regards spousal abuse as a felony, attorneys can negotiate the case
down to a misdemeanor, infractions or in many cases convince the District Attorney to
modify the charge to a non-domestic violence crime.
We know our clients are concerned about jail time and a conviction on their criminal record.
We can give you advice about your legal options and information about defenses and
strategies that have worked for our clients in the past.
Contact our Santa Clarita Attorneys for more detailed and case specific information and a
free case assessment. Or if your case requires more immediate attention call us toll
free at 1-877- 281-5010 and ask to speak directly with the attorney, you will not be
"passed off" to a case manager or paralegal.
In our experience early intervention by a lawyer is the best way to avoid charges being
filed. If you have been accused of spousal abuse, battery, assault, intimidating a witness,
criminal threats, or any other similar offense, call us today for a free consultation.
Our Law Firm understands that Domestic violence and spousal assault affect the lives and
compromise the safety of thousands of people, with tragic, destructive and sometimes fatal results.
Experiencing violence at the hands of an intimate partner or family member can be overwhelming,
frightening and degrading. However, more often false accusations are made for ulterior motives such
as divorce, child custody, revenge and financial reasons. This Santa Clarita Law Firm is committed to
protecting the rights of persons falsely accused of criminal charges.
compromise the safety of thousands of people, with tragic, destructive and sometimes fatal results.
Experiencing violence at the hands of an intimate partner or family member can be overwhelming,
frightening and degrading. However, more often false accusations are made for ulterior motives such
as divorce, child custody, revenge and financial reasons. This Santa Clarita Law Firm is committed to
protecting the rights of persons falsely accused of criminal charges.
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