Practice area – Domestic Violence
Charged with domestic violence in Riverside County?
Corporal injury, battery, criminal threats, restraining order violations. DV cases move fast, the prosecution rarely drops charges even if the alleged victim recants, and the collateral consequences (gun rights, custody, immigration) can dwarf the criminal exposure.
Available 24/7
What you’re facing
Domestic violence charges carry penalties that extend well beyond the criminal case. Corporal Injury to a Spouse or Cohabitant (PC 273.5) is a wobbler with up to 4 years state prison, plus 1-4 additional years for great bodily injury. Domestic Battery (PC 243(e)(1)) is a misdemeanor with up to a year jail. Every DV conviction triggers: a 52-week batterer’s program, a 10-year firearm prohibition under federal law (lifetime under state law), mandatory restraining orders, and devastating impact on custody and immigration. Riverside County prosecutors will not “drop” charges just because the alleged victim asks them to.
Defenses I build
DV cases are often weaker than they look. Witness statements get contradicted. Injuries get re-photographed under different lighting. 911 calls get re-listened to with context. Self-defense, mutual combat, and false-allegation defenses are very real in this area. I dig into the timeline, the relationship history, prior allegations, and any third-party witnesses. Many of my DV cases end in dismissal or reduction to a non-DV charge that preserves gun rights and custody standing.
Domestic Violence Case Results
Charged With
Kidnapping, DV, ADW, Great Bodily Injury, 3 Strikes – Facing life
Outcome
Credit for Time Served, No Probation
DV – Riverside Co.
Common Questions
My spouse wants to drop the charges. Can they?
No. Once a DV report is made, the case belongs to the District Attorney, not the alleged victim. The DA will proceed even if the alleged victim recants, refuses to testify, or asks for the case to be dropped. They will use the original 911 call, body cam footage, and photos. What an experienced defense attorney can do is build a case for the DA to dismiss on the merits.
What happens to my gun rights?
Any DV conviction (even misdemeanor) triggers a 10-year firearm prohibition under California law and a LIFETIME prohibition under federal law. Even a Penal Code 1203.4 dismissal does not restore federal gun rights. This is why reducing a DV charge to a non-DV alternative is often the most important outcome.
Will this affect my custody case or immigration status?
Yes, often more than the criminal case itself. Family court treats DV findings as a major custody factor. For non-citizens, DV is a deportable offense and can also bar reentry. Coordinating the criminal defense with family law and immigration counsel from day one is critical, and I make those connections when needed.
Types of Domestic Violence Charges I Defend
DV cases cover a wide range of conduct and severity. Below are the charges I handle most often.
Corporal Injury to Spouse/Cohabitant (PC 273.5)
Causing any traumatic condition through physical force. Wobbler. Felony version: 2-4 years prison plus GBI enhancements.
Domestic Battery (PC 243(e)(1))
Willful and unlawful touching of an intimate partner. Misdemeanor; up to 1 year jail plus mandatory batterer’s program.
Criminal Threats (PC 422)
Threatening death or great bodily injury, with specific intent and producing reasonable fear. Wobbler; felony is a Strike Offense.
Stalking (PC 646.9)
Repeatedly following or harassing with credible threats. Wobbler; can be charged alongside protective order violations.
False Imprisonment (PC 236)
Detaining or restraining a partner against their will. Wobbler. Often charged in conjunction with battery.
Restraining Order Violation (PC 273.6)
Contacting an alleged victim in violation of a restraining order. Misdemeanor; up to 1 year for each violation.
Child Endangerment (PC 273a)
Often charged when children are present during a DV incident, even without direct harm. Wobbler.
Elder Abuse (PC 368)
Physical, emotional, or financial abuse of a person over 65. Wobbler with significant enhancements.
Strangulation Enhancement (PC 273.5(a))
Physical force impeding breathing/circulation. Triggers significant additional exposure even on misdemeanor base charge.
Gun Rights, Custody, and Immigration Consequences
What separates DV cases from most criminal matters is the collateral damage. A DV conviction can mean:
- Lifetime federal firearm prohibition (under 18 USC 922(g)(9)) – cannot own or possess any firearm or ammunition
- California 10-year firearm prohibition – even on misdemeanor convictions
- Family court consequences – DV findings are a major custody factor
- Immigration consequences – DV is a deportable offense; can also bar reentry and citizenship
- Mandatory 52-week batterer’s intervention program
- Restraining orders that can affect housing, employment, and parenting time
Because the collateral consequences often outweigh the direct penalties, the most important outcome in many DV cases is reducing the charge to a non-DV alternative that preserves gun rights, custody standing, and immigration status.
Related Resources
For procedural guidance on domestic violence cases, see:
