Riverside First-Offense Domestic Violence
Minimizing Impact of First Time Domestic Charges
The consequences of a domestic violence conviction are serious, particularly if the alleged victim suffered visible physical marks. If you or a loved one is under investigation for a domestic violence offense, or has already been arrested, Gregory Comings is highly experienced with first time domestic violence defense and can help.
Domestic violence often takes place within private spaces, and may involve false accusations as well as unwarranted criminal charges. As an experienced Riverside domestic violence first offense lawyer, Gregory H. Comings can help increase the chance of a positive outcome in your case.
For first-offense domestic violence defense in Riverside, call 951-686-3457 or schedule an initial consultation through our confidential contact form.
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“I recently contacted the Law Office of Gregory H. Comings for advice on a post‑conviction matter, and I am extremely grateful for the help I received. I am disabled, going to school, and I don’t have a lot of money, so I was honestly worried that even asking a few questions would cost me something I couldn’t afford. Instead, Attorney Greg Comings took the time to speak with me, listened to my situation, and gave me clear, honest guidance — all through a free consultation. He explained my options in a way I could understand and didn’t rush me or make me feel like a burden. The advice he gave me might actually help me improve my situation, and I appreciate that more than I can say.”
First-Time Domestic Violence Arrest
If you’ve been arrested for a first-time domestic violence offense in Riverside, California, it’s critical to understand your rights and take immediate legal action. Even a first offense can carry serious consequences—including jail time, probation, protective orders, and mandatory counseling. California law treats domestic violence allegations with urgency, especially when there are visible injuries or conflicting statements.
Many first-time offenders are shocked to find themselves facing criminal charges, even if they were the ones who called 911. In such cases, having a Riverside domestic violence first offense lawyer like Gregory H. Comings can make a significant difference. With experience navigating local courts, evaluating police reports, and challenging weak or exaggerated claims, attorney Comings can help build a strong defense—whether it’s disproving the accusation, asserting self-defense, or negotiating for reduced charges.
People arrested for domestic violence may not have a prior criminal record. In some cases, they may have initiated the call to 911 and are now facing arrest. When responding to a domestic violence call, officers first document any observable injuries and take statements from the involved parties. This is an important step because a central factor in determining the severity of criminal charges is whether the alleged victim suffered bodily injury. Sometimes, both parties may be arrested on suspicion of domestic violence.
After taking statements, officers typically transport the defendant to jail. In order to be released, the defendant will have to post bond, even if they do not have a previous criminal record. Upon release, the defendant receives a date for their domestic violence arraignment. If the defendant cannot post bond, the prosecutor must file charges within two business days, or the defendant will be released.
Penalties for Domestic Violence First Offenses
As a first-time domestic violence offender, a defendant may be more likely to face misdemeanor charges. The facts of the case will dictate the sentence, as will the presence or lack of a criminal record. Additionally, the court imposes mandatory probation upon defendants convicted of domestic violence. A protective order, attendance at a batterers’ class, or other terms may be included as terms of punishment.
Visible marks or injuries may lead to arrest on suspicion of corporal injury to a spouse. As a “wobbler” crime, California Penal Code § 273.5 can be charged either as a misdemeanor or a felony. A misdemeanor conviction can result in up to one year in county jail. A felony conviction carries a state-prison term of two, three, or four years. A conviction may also include a fine of up to $6,000.
An officer who assesses the situation and believes physical contact was more limited may arrest an individual on suspicion of battery to a spouse. If convicted, this misdemeanor offense under California Penal Code § 243(e) can result in up to a year in jail as well as court fines and protective orders. A conviction can prevent people from eligibility for certain jobs, such as caring for children.
In order for a domestic battery charge to stand, the prosecution must prove the defendant committed an offensive touching that was non-consensual. A brief touch, no matter how minor, will support a charge. Contact our domestic violence lawyer in Riverside for first, second or more offenses.
Assert a Defense to Domestic Violence Criminal Charges
Criminal charges may be dismissed if the prosecution cannot prove their case. A weak case may result from insufficient evidence, failure to prove an element of the crime, or another factor. For example, as the accused, you may allege that you were not in fact the perpetrator. This type of defense can result in credibility issues. The victim may assert their own version of the truth and the judge or the jury will be left to resolve the matter.
In some situations, defendants charged with domestic violence can raise self-defense as an affirmative defense. Domestic disputes are emotional, and a court may consider your contention that you took action in response to an act of violence against you. If a family member began to attack you with a weapon, you may have physically restrained them in self-defense. Assuming your actions resulted from an effort to protect yourself, and were proportional to the threat you faced, self-defense may justify your actions. In this situation, you would not be liable.
Reach out to our Riverside first-offense domestic violence defense lawyer at 951-686-3457 or schedule an initial consultation through our confidential contact form.
Contact an Experienced Attorney for First-Time Domestic Violence Charges
Riverside attorney Gregory H. Comings remains accessible to clients throughout all steps of their domestic violence case because he understands the stress and anxiety of those facing criminal accusations. If you are facing domestic violence charges or under investigation for another crime, do not hesitate to contact Law Office of Gregory H. Comings, APC.
To schedule a consultation and learn more about your options, call our office at 951-686-3457 or reach us online. We are proud to help people throughout Moreno Valley, Indio, Highland, Palm Desert, Temecula, and other areas.
