Domestic Violence Attorney in Riverside County

Facing Charges? Trusted Legal Advice from a Top Riverside County Domestic Violence Lawyer

When you need a reliable domestic violence attorney in Riverside County, you deserve clear answers and personal guidance. I’m David Grande, and I’ve dedicated my career to defending people against criminal charges throughout Riverside County. If law enforcement contacts you or you face accusations of domestic violence, you have the right to seek legal support before making decisions that could affect your future.

I take the time to listen to each person's concerns and explain the potential impact that a criminal charge may have on daily life, employment, and personal relationships. Navigating the criminal justice system in Riverside County requires practical insight and steady communication. I work to ensure you understand the next steps, your legal rights, and your options for moving forward.

Contact an experienced domestic violence battery attorney in Temecula immediately. Call (951) 221-4331 or fill out this online form to schedule your confidential consultation.

Understanding Domestic Violence Battery Laws in California

In California, prosecutors have a "no-drop" policy for domestic violence cases, meaning the case will proceed whether the victim cooperates or not. This requires a Temecula domestic violence defense lawyer to be prepared to fight a case built entirely on police reports, 911 calls, and physical evidence.

The Two Primary Domestic Violence Statutes in California

The specific charge filed dictates the severity of the potential penalty. I defend clients against both:

• Domestic Battery (Penal Code 243(e)(1)): This is the most common charge and is always a misdemeanor. It is defined as a willful and unlawful use of force or violence against an intimate partner. Crucially, this charge does not require the victim to sustain any visible injury—offensive or harmful touching alone is sufficient.
• Corporal Injury to a Spouse or Cohabitant (Penal Code 273.5): This is the more serious charge, known as a "wobbler" (chargeable as a misdemeanor or felony). It requires that the force inflicted resulted in a "traumatic condition," which can be any wound or external or internal injury, even if minor (e.g., a bruise, scratch, or redness).

Defining "Intimate Partner"

Both statutes apply only when the victim is one of the following intimate partners:

• A current or former spouse or fiancé(e).
• A current or former cohabitant (lived together for a period of time).
• The parent of your child.
• Someone you are or were previously in a dating relationship with.

A strong domestic violence battery attorney in Temecula challenges the relationship status if the facts permit, which can force the prosecutor to downgrade the charge to simple battery.

Key Elements the Prosecution Must Prove

To secure a conviction for Domestic Violence Battery (PC 243(e)(1)), the prosecutor must prove three specific elements beyond a reasonable doubt. I focus my defense on challenging the strength of the evidence related to each:

• Willful Touching/Use of Force: The prosecutor must prove that the contact was done willingly or on purpose. I argue that the contact was accidental or unintentional.
• Harmful or Offensive Contact: The touching must be considered harmful or offensive. Since no injury is required for this charge, this element often comes down to the victim's perception, which I challenge.
• Intimate Partner Status: The contact must have been against an individual who meets the legal definition of an "intimate partner" under California law.

If the charge is Corporal Injury (PC 273.5), two additional, critical elements must be proven:

• Physical Injury Inflicted: That force was applied and caused an injury.
• Resulting in a Traumatic Condition: That the injury resulted in a wound or bodily injury, regardless of severity. I often challenge the causation, arguing that the injury was pre-existing or caused by something other than my client's actions.

Penalties and Collateral Consequences of a Domestic Violence Conviction

The penalties for a domestic violence battery conviction in California are not only punitive but also rehabilitative, with a focus on mandated classes and restrictions.

Direct Penalties

• PC 243(e)(1) (Misdemeanor): Up to one year in county jail, a fine of up to $2,000, and mandatory probation. Probation conditions always include a mandatory, one-year, court-approved batterer's treatment program (52 classes) and community service.
• PC 273.5 (Felony Wobbler):
  • Misdemeanor: Up to one year in county jail.
  • Felony: Two, three, or four years in state prison, up to a $6,000 fine, and the conviction counts as a "strike" under California's Three Strikes Law.

Restraining Orders (Protective Orders)

In almost every case, a criminal protective order is issued immediately upon arrest, forbidding the accused from contacting the alleged victim, even if they live together. This order can be temporary (at the beginning of the case) or long-term (up to 10 years after conviction). This means you could be legally barred from your home and limited in child custody matters. I aggressively challenge the terms and necessity of these orders from the very first court date.

Collateral Consequences

The hidden penalties of a conviction for domestic violence battery are often the most damaging:

• Firearm Ban: A conviction for any domestic violence offense, misdemeanor or felony, results in a lifetime ban on owning or possessing firearms under federal law (known as the Lautenberg Amendment).
• Employment: Employers and licensing boards (e.g., teaching, nursing, real estate) view domestic violence convictions harshly, severely impacting career stability.
• Child Custody: A conviction is used against you in family court, potentially resulting in reduced visitation or loss of custody rights.
• Immigration: For non-citizens, a domestic violence conviction is often considered a "Crime Involving Moral Turpitude" (CIMT) or an "Aggravated Felony," leading to deportation.

As your Temecula domestic violence defense lawyer, I fight to achieve a dismissal or a reduction to a charge that preserves your rights and avoids these catastrophic consequences.

My Comprehensive Approach to Domestic Violence Defense

A strong defense against Domestic Violence Battery in Temecula relies on fact-based arguments that undermine the prosecutor's ability to prove the elements beyond a reasonable doubt.

Key defense strategies that I utilize as a leading Temecula domestic violence defense lawyer include:

• Self-Defense or Defense of Others: I argue that my client acted reasonably and used only necessary force to defend themselves or another person from an imminent attack. The laws of self-defense apply fully in domestic situations.
• Accidental Contact: I show that the alleged contact was not "willful" but rather an unfortunate accident—perhaps bumping into someone during an argument, or an unintentional injury resulting from grabbing an object.
• False Accusations/Motive to Fabricate: In contentious situations, such as divorce or child custody battles, individuals are highly motivated to make false or exaggerated claims. I investigate the alleged victim's motive to lie, which can be compelling evidence for a jury.
• Insufficient Evidence of Injury (for PC 273.5): I challenge the causation of the traumatic condition, arguing that the injury was pre-existing, self-inflicted, or was not a direct result of my client's actions.
• Police Misconduct: I thoroughly review the police response to ensure all procedures were followed and that your constitutional rights were not violated during the arrest or interrogation.

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