Domestic Violence Attorney in Murrieta

If You Are Facing Domestic Violence Charges in Murrieta, Contact Our Firm Now

Domestic violence charges often bring intense emotional strain and carry significant consequences. You might have questions about the future of your family, job, or reputation. The decisions you make now will shape what happens next. Reaching out to a knowledgeable domestic violence attorney early in the process is one of the most important choices you can make to protect your rights and begin building a strong defense.

Do not risk your freedom, your family, or your rights. Contact a dedicated domestic violence attorney in Murrieta who is ranked Top 100 trial lawyers. Call (951) 221-4331 or reach out online now for a free initial consultation and discuss our payment plans available.

Understanding Domestic Violence Laws in California

In California, domestic violence (DV) is defined broadly under Penal Code (PC) 13700 as abuse committed against an intimate partner. The two primary statutes our firm defends against are:

• Domestic Battery: The willful and unlawful use of force or violence against an intimate partner. This is typically charged as a misdemeanor and does not require the victim to suffer a visible injury. The slightest harmful or offensive touching, such as a push or grab, is sufficient for an arrest.
• Corporal Injury to a Spouse or Cohabitant: Willfully inflicting a corporal injury that results in a traumatic condition upon an intimate partner. This is a wobbler (chargeable as a felony or a misdemeanor) and requires an injury. Crucially, a "traumatic condition" includes any minor bodily injury, such as a small bruise, swelling, or scratch.

The term "intimate partner" under both statutes is expansive, including current or former spouses, cohabitants, fiancés, dating partners, and the parent of one’s child. As your Murrieta domestic violence lawyer, we meticulously analyze the facts to determine which specific charge the prosecutor can prove, focusing on the weakest link in their case.

Key Elements the Prosecution Must Prove

A successful defense against a domestic violence charge hinges on challenging the prosecution’s proof of willfulness and lack of justification. Our firm challenges the State's burden of proof for the following key elements:

• Willful and Unlawful Use of Force: The prosecution must prove the physical contact was deliberate, not accidental. In many instances, we demonstrate that the contact was unintentional, unavoidable, or an overreaction rooted in confusion, not malice.
• Intimate Relationship: The accused and the alleged victim must fall into one of the defined intimate partner categories. While usually straightforward, in ambiguous dating or cohabitant relationships, this element can be challenged.
• Traumatic Condition (PC 273.5 Only): For a felony charge, the injury must meet the standard of a "traumatic condition." We scrutinize medical reports and the lack of immediate medical attention to argue that the injury does not meet the legal threshold for felony Corporal Injury.
• Absence of Self-Defense: Because California law requires an arrest to be made at the scene, police often arrest the wrong person. We aggressively gather evidence to prove the client was acting in lawful self-defense or defense of a third party, and was not the primary aggressor.

Penalties and Collateral Consequences of Domestic Violence Convictions in Murrieta

A domestic violence conviction is life-altering, triggering numerous mandatory requirements and permanent limitations that even a simple misdemeanor can impose.

Direct Criminal Penalties

• Domestic Battery (PC 243(e)(1))
  • Misdemeanor
  • Up to 1 year in county jail
  • Fine up to $2,000
  • Mandatory 52-week Batterer’s Program
• Corporal Injury (PC 273.5)
  • “Wobbler” offense (can be charged as a misdemeanor or felony)
  • Felony sentencing: 2, 3, or 4 years in state prison
  • Fine up to $6,000
  • Mandatory 52-week Batterer’s Program

Lifetime and Collateral Consequences

• Mandatory Protective Orders: The court will typically issue a Criminal Protective Order (CPO) immediately at arraignment, which can force the accused to move out of the shared residence and prohibit contact, often lasting three years or more.
• Firearm Ban: A misdemeanor conviction under PC 243(e)(1) results in a 10-year ban on owning or possessing a firearm under state law. A felony conviction under PC 273.5 results in a lifetime federal ban.
• Immigration Status: A DV conviction is a serious threat to a non-citizen's status, often resulting in deportation or inadmissibility.
• Child Custody Issues: A DV conviction creates a strong legal presumption against the convicted parent in child custody and visitation matters, severely restricting parental rights in family court.

The consequences are so severe that seeking a specialized domestic violence attorney in Murrieta is the only way to safeguard your rights.

The California Criminal Defense Process for Domestic Violence Charges

Successfully navigating the Murrieta court system (Southwest Justice Center) requires a dedicated defense firm focused on challenging the prosecution’s "no drop" policy.

• Emergency Protective Order (EPO): After arrest, an EPO is typically issued, prohibiting contact for 7 days. We immediately begin planning how to address the long-term CPO at the first hearing.
• Arraignment and Bail: We argue aggressively at the first court appearance to secure release on the lowest possible bail and fight against the imposition of restrictive CPOs that could separate you from your home and children.
• Discovery and Investigation: Our firm conducts a detailed investigation into the source of the alleged injury. We obtain 911 transcripts, body-cam footage, medical records, and social media evidence. We specifically look for evidence of the alleged victim's motive to lie, which is a powerful defense against false accusations.
• Penal Code 1538.5 Motions: As ranked Top 100 trial lawyers, we leverage motions to suppress evidence if the police conducted an illegal search, seized property, or failed to properly advise you of your rights. Suppressing illegally obtained evidence often forces the prosecution to dismiss or reduce the charge.
• Plea Negotiation and Diversion: We leverage factual and legal weaknesses to negotiate for non-domestic violence charges (like Disturbing the Peace) or Deferred Entry of Judgment (DEJ), which allows for the dismissal of the case after the successful completion of probation and treatment.

Our Comprehensive Approach to Domestic Violence Defense

Our firm’s strategic advantage is our proven ability to succeed at trial and our deep understanding of how the Riverside County courts evaluate these sensitive cases. When you hire us as your Murrieta domestic violence lawyer, we prioritize a defense aimed at avoiding any DV conviction that would trigger the mandatory consequences.

Key defense strategies we employ include:

• Self-Defense Justification: We meticulously establish that our client had a reasonable belief they were in imminent danger and used only necessary force to defend themselves. This often involves interviewing defense witnesses and presenting physical evidence that the client was not the initial aggressor.
• Challenging Willfulness (Accident Defense): We argue that the contact was accidental, unintentional, or occurred during a mutual struggle where neither party had the willful intent to commit battery.
• False Allegations Defense: We look for evidence of ulterior motives, such as revenge, jealousy, or gaining an advantage in child custody or divorce proceedings. We introduce this evidence to challenge the credibility of the alleged victim's testimony.
• Challenging Injury Causation: For PC 273.5 cases, we challenge the link between the defendant's actions and the resulting "traumatic condition," arguing the injury was pre-existing, self-inflicted, or sustained accidentally.