Riverside Domestic Violence Attorney

Understanding the severity of the situation is crucial if you are facing domestic violence charges. These charges can lead to serious consequences, such as jail time, fines, and a lifelong criminal record. In addition, a conviction can impact your personal and professional life, limiting job opportunities and affecting child custody arrangements.

For these reasons, it is important to seek legal representation as soon as possible. A skilled domestic violence attorney can assist you in comprehending the charges you face, your legal rights, and the available defense options. With the right Riverside domestic violence attorney, you may be able to have the charges reduced or dismissed or negotiate a plea bargain that minimizes the impact of a conviction.

Understanding Domestic Violence Charges

If you are facing domestic violence charges, it is important to understand the nature of the charges and the potential consequences. Domestic violence charges can be brought against you if you are accused of committing a violent act against someone with whom you have a domestic relationship. This can include a spouse, former spouse, cohabitant, or someone with whom you have a child.

What Is Considered Domestic Violence Under California Law?

Domestic violence in California is defined broadly and includes physical harm, the threat of harm, or any form of abuse directed at someone with whom the accused has an intimate relationship—such as a spouse, former spouse, co-parent, or cohabitant. Under California Penal Code Section 13700, domestic violence encompasses both physical injury and harassment, stalking, and the destruction of personal property.

California Penal Code Section 273.5(a) PC

One of the most common domestic violence charges is a violation of California Penal Code Section 273.5(a), which makes it illegal to inflict corporal injury resulting in a traumatic condition upon a spouse or cohabitant. If you are convicted of this charge, you may face up to four years in state prison on top of thousands of dollars in fines. 

Second Domestic Violence Charge

If you have previously been convicted of domestic violence, a second domestic violence charge can result in even more severe consequences. Besides potential prison time and fines, you could also face additional penalties such as a restraining order, mandatory counseling, and other consequences.

It is essential to have an experienced and knowledgeable attorney by your side when facing domestic violence charges. A domestic violence attorney can help you understand your legal options, protect your rights, and work towards the best possible outcome in your case.

That’s where Attorney Gregory H. Comings comes in as an experienced domestic violence lawyer serving Riverside, San Bernardino, and Southern California. 

When choosing a domestic violence attorney, there are several factors to consider. Attorney Comings checks all the boxes with the following: 

• A track record of success in domestic violence and criminal defense cases.; 
• A deep understanding of the laws and procedures involved.;
• A rResponsive and communicationve style throughout in the process.; and
• A Ccompassionate and understanding approach that ensures you are treated with respect and empathy. 

Overall, choosing the right domestic violence attorney is crucial to protecting your rights and achieving the best possible outcome in your case. 

If you have any questions surrounding your case, don’t hesitate to contact us at Comings Law. 

Comings Law for Your Riverside Domestic Violence Defense

Attorney Comings has extensive experience defending individuals facing domestic violence charges in Riverside and San Bernardino Counties. He has a successful track record of guiding people like you through complex criminal defense cases, and he is known for his tenacity and deep knowledge of California’s domestic violence statutes. His approach emphasizes empathy, professionalism, and client advocacy at every stage.

With a thorough understanding of local court operations, Attorney Comings uses his professional relationships with Riverside prosecutors and judges to achieve favorable client outcomes. His past success in similar cases demonstrates his commitment to protecting client rights, whether through: 

• Getting your charges reduced, 
• Negotiating alternatives to jail and the most advantageous plea bargains possible, 
• Securing case dismissals, or
• Securing a not-guilty verdict at trial.

Comings Law offers a steady, guiding presence committed to your needs. Every case is unique, as is every client. Attorney Gregory Comings has the skill and experience to look at the specific facts surrounding your case, overcome challenges, and get you the best possible outcome to protect your future.

Why You Need a Riverside Domestic Violence Attorney

The legal system in California takes domestic violence seriously. Prosecutors often move forward with cases even when the alleged victim decides not to press charges. That means you need an experienced attorney advocating for you every step of the way.

A domestic violence attorney can help you in many ways, including the following:

• Examining the evidence to ensure your rights were not violated,
• Identifying weaknesses in the prosecution’s case,
• Negotiating with prosecutors to reduce or dismiss charges,
• Challenging restraining orders that may unfairly limit your freedoms, and
• Representing you in court with a strategy tailored to your unique circumstances.

Always remember that an arrest does not automatically lead to a conviction. With the right legal support, you can take steps toward protecting your future.

Possible Defenses to Domestic Violence Charges

Every case is different, but there are several common defenses that may apply to domestic violence cases in Riverside and San Bernardino Counties:

• False accusations. Unfortunately, domestic violence allegations are sometimes made out of anger, jealousy, or as a strategic move in custody or divorce disputes. Your attorney can seek out evidence that tends to show the alleged victim fabricated the charges for an ulterior motive.
• Self-defense. If you acted to protect yourself or another person from harm, this may be a valid legal defense.
• Lack of evidence. The prosecution must prove each element of the crime beyond a reasonable doubt to get a conviction at trial. If the evidence is weak or unreliable, the prosecutor may drop or reduce the charges, or your attorney could use those weaknesses to secure a not-guilty verdict at trial.
• Accidental injury. If the injury was unintentional or occurred during mutual combat, your attorney can use this as part of your defense.

A strong legal defense begins with an in-depth review of the facts and circumstances of your case.

Frequently Asked Questions (FAQs)

If you are facing domestic violence charges, you likely have many questions about what comes next and how the legal process works. Below are answers to some of the most common questions our clients ask.

What Happens After a Domestic Violence Arrest in California?

After an arrest, you will typically be taken into custody, and the district attorney will review the case to decide whether to file formal charges. A restraining order may also be issued, and you’ll need to appear in court. It is essential to contact a Riverside domestic violence attorney as soon as possible to begin building your defense.

Can the Alleged Victim Drop the Charges?

No. In California, the decision to prosecute lies with the district attorney, not the alleged victim. Even if the accuser wants to drop the case, the prosecution can still move forward if they believe there is enough evidence to get a conviction against you.

What Evidence Can a Prosecutor Use If the Victim Won’t Cooperate?

As stated, even if the alleged victim refuses to cooperate or testify, the prosecutor can go forward with the case if they believe they have enough evidence remaining to prove the crime.

If the victim won’t cooperate, the prosecution can use any of the following evidence to prove the case:

• Witness statements. If anyone else saw or heard what happened, they can provide testimony that the State can use to prove the crime.

• Medical records. The State can use treatment records as evidence if the alleged victim went to the doctor or got medical treatment after the incident.

• Physical evidence. The prosecutor can use photos of injuries, the alleged crime scene, or any property damage resulting from the incident as evidence.

• Expert testimony. If any experts can shed light on the dynamics of the relationship and how that suggests abuse, the prosecutor can call on them to testify. Also, if any medical experts saw injuries relating to the case, such professionals can be called upon to testify.

• Records of threatening messages. The prosecutor can use any threats conveyed through texts, emails, notes, voice messages, or through any medium to establish a history of threats or violence.

• 911 calls. If the victim or any witness called 911, recordings of such calls can be used at trial.
• Previous incidents. If prior events suggest a pattern of abuse, the prosecutor could try to introduce such evidence.

In the end, it is the prosecutor who decides whether to go forward with a case, not the alleged victim.

Could a Domestic Violence Conviction Affect Child Custody?

Yes, a conviction can significantly affect your parental rights, including visitation and custody arrangements. When considering how to divide custody between parents, courts will consider domestic violence history. Judges always put the best interests of the child before any other consideration.

Is Domestic Violence a Felony or Misdemeanor?

Whether the prosecutor charges you with a felony or misdemeanor depends on the facts of the case. Some charges, like simple battery, will likely be filed as misdemeanors, while more serious allegations, like corporal injury, can be charged as felonies. Prior convictions and the severity of the alleged injuries also influence how the prosecutor classifies the charges.

Can I Expunge a Domestic Violence Conviction?

Some domestic violence convictions may be eligible for expungement under California law, particularly if you successfully completed your sentence. However, not all offenses qualify. A Riverside domestic violence lawyer can help determine your eligibility and guide you through the expungement process.

Contact a Riverside Domestic Violence Attorney Today

Being accused of domestic violence can feel overwhelming, but you don’t have to face it alone. Whether you were wrongly accused or made a mistake in a heated moment, you deserve fair treatment under the law and the opportunity to defend yourself.

If you or someone you love has been charged with domestic violence in Riverside or San Bernardino Counties, reach out to an experienced Riverside domestic violence attorney immediately. The sooner you act, the more options you may have to protect your freedom and your future.