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Domestic Violence Lawyer Banning, CA

You never thought it would come to this. Maybe it was a verbal fight that turned physical. Perhaps your hand slipped by mistake. Or the allegations might be made up. Now, you could lose your house, your children, your freedom, and even more. But you're not alone. Your criminal defense attorney in Banning, CA will fight for your rights.

The two most common domestic violence charges in Banning are domestic battery and corporal injury on a spouse or cohabitant. But these aren't like regular assault or battery charges — even if it's charged as a misdemeanor, you are up against serious consequences like a lifetime firearms ban.

Our domestic violence defense team has handled countless criminal defense cases in California, many of them just like yours. Domestic violence is one of our main case types, and we will leverage our years of experience (both in defense and prosecution) to build a tailored defense for you against the charges.

If You Were Just Arrested, Do This Now:

  1. Plead the fifth.
  2. Reach out to a lawyer (you can contact us 24/7): (800) 755-5174.
  3. Stay in line with any pre-trial release conditions.

On this page:

If someone is saying that you committed domestic violence, get help now. Contact our criminal defense lawyers at (800) 755-5174 or get in touch online at any time for a free, confidential consultation.

Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.


What Does a Domestic Violence Accusation Mean in Banning, CA?

The main definition of domestic violence in California is California Penal Code § 13700. It defines it as causing harm to someone else with whom you have a close relationship, such as a husband/wife or co-parent.

Family law works differently. For no-contact orders, you need to be aware of Family Code § 6211. It extends the definition to include parents, grandparents, children, and siblings This means that a domestic violence restraining order has different standards than a domestic violence criminal conviction.

There are three main things that the prosecution must prove in order for you to be convicted:

  • You made physical contact with the alleged victim, causing harm or offense (and, if charged under PC § 273.5, that the contact caused injury);
  • There were no extenuating circumstances like self-defense; AND
  • The alleged victim had a close/romantic relationship with you as defined in California Penal Code § 13700.

Domestic Battery

  • Statute: PC § 243(e)(1)
  • What it means: Touching someone forcibly, violently, or offensively — so long as the alleged victim is a current or former romantic partner.
  • Misdemeanor or Felony: Misdemeanor

Inflicting Corporal Injury on a Spouse or Cohabitant

  • Statute: PC § 273.5
  • What it means: Willfully inflicting an injury on a current or former partner that results in a "traumatic condition"—any wound or internal or external injury, minor or serious, including injury from strangulation or suffocation.
  • Misdemeanor or Felony: Wobbler—can be charged either way

The Key Distinction: Was There an Injury?

As described above, the main difference between a domestic battery charge and an inflicting corporal injury charge is injury: Domestic battery charges do not involve injuries to the alleged victim, while—as the name would imply—inflicting corporal injury on a spouse or cohabitant does involve an injury.

Charges Often Filed Alongside Domestic Violence

In Banning, CA, criminal court, it's common to face multiple criminal charges at once. Here are some related ones you should be aware of:

  • Criminal Threats (PC § 422): Threatening to kill or seriously injure someone in a way that causes them reasonable, sustained fear. A felony conviction is a strike.
  • Dissuading a Witness (PC § 136.1): Taking steps to stop a person from reporting a crime, helping investigators, or testifying in court
  • Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or taking away a cell phone—in a domestic violence case, this could be allegedly keeping the supposed victim from calling for help.
  • False Imprisonment (PC § 236): Restraining someone or keeping them from leaving, such as blocking a doorway.
  • Assault With a Deadly Weapon or Force Likely to Cause Great Bodily Injury (PC § 245(a)): Using a weapon, or massive force, in an attack that could seriously hurt another person.
  • Stalking (PC § 646.9): Making a person afraid of you by following them and threatening them.
  • Restraining Order Violations (PC § 273.6): Acting in violation of a restraining order issued by the court.
  • Child Abuse (PC § 273d): Physically hurting a child, either completely unjustified or through excessive punishment.
  • Elder Abuse (PC § 368): Physically or emotionally causing harm to an elderly or dependent adult.
  • Sexual Battery (PC § 243.4): Whether for sexual gratification, arousal, or abuse, touching another person's intimates when you were not allowed to.
  • Revenge Porn (PC § 647(j)(4)): Posting or sharing pornographic images of another person without their permission, in order to cause stress.

How to Handle Domestic Violence Allegations in Banning, CA

The below seven steps will help you protect your rights and set your case up for a lawyer to take over:

  1. Plead the Fifth Ammendment.
  2. Exercise your sixth amendment right to an attorney.
  3. Request bail and/or release without bail.
  4. Read any protective orders carefully and follow all of the applied conditions.
  5. Preserve evidence: photos of your own injuries, texts, emails, call logs, doorbell or security camera video, and the names of witnesses.
  6. Be honest with your lawyer, and tell the full story.
  7. Stay away from the alleged victim — it's never a good idea to reach out, especially if there is a protective order in place.

Mistakes can cost you your freedom, but following these steps can protect it. Our domestic violence defense attorneys are ready for your call, day and night: (800) 755-5174.

Banning's mountain community and senior-heavy neighborhoods near the St. Cloud Memorial Park create unique dynamics in domestic violence cases, with many filings originating from disputes in multi-unit housing along Ramsey Street. The Law Offices of David S. Chesley appear at the Riverside County Superior Court, Banning Courthouse, applying strategies informed by Riverside County's specific legal landscape.


What Happens After a Domestic Violence Arrest in Banning, CA?

Many people don't know what to expect after being arrested for domestic violence. These are the steps you'll typically take after an arrest in Banning, CA:

  1. Arrest: Officers only need probable cause. In Banning, CA, they can arrest for misdemeanor domestic violence without a warrant even if they didn't see the incident (PC § 836(d)). When both people claim they were attacked, officers are directed to identify the "dominant aggressor" rather than arrest both (PC § 13701).
  2. Booking: This is standard for any arrest — your fingerprints and photograph are taken, then you'll be sent to jail.
  3. Emergency Protective Order: In many domestic violence cases, the state will elect to file an emergency protective order against the alleged offender after the arrest. This is not guaranteed, but can have major repercussions, potentially forcing you out of your home for a week.
  4. Police Questioning: While under arrest, the police may ask you about the incident. Politely decline to speak without an attorney.
  5. Bail and Release: Bail may be available as a way for you to secure pretrial release. Many domestic violence charges mandate a bail hearing where your defense attorney can fight for your release, possibly even on your own recognizance.
  6. Filing Decision and Arraignment: While you're in custody, the police report is sent to the district attorney's office for review. This will be based on the police report and any corroborating evidence. If you're in custody, you must generally be arraigned within 48 hours, not counting Sundays and holidays (PC § 825). Arraignments are sometimes combined with bail hearings, in which case you'll be informed of the charges, asked to make a plea, informed of your bail requirements, and possibly issued a new restraining order.
  7. Trial Preparation: Your attorney reviews discovery, investigates, files motions, and negotiates with the prosecutor while preparing for trial.
  8. Trial: If the prosecutor won't work with you, and/or none of the plea bargains they offer are acceptable, your attorney will stand by your side while you fight for a favorable verdict in court.

Can You Go Home After a Domestic Violence Arrest?

Often, not right away. The restraining orders often filed in domestic violence cases can keep you out of a shared dwelling while the case is pending. That's true even if the alleged victim wants you back. Violating the order, whatever the circumstances, can have a major, negative impact on your case. If the alleged victim does reach out to you, speak with your attorney before responding or going to meet them. They can advise you on the best way to move forward without hurting your chances in court.



Domestic Violence, Restraining Orders, and Custody

It's normal for a domestic violence charge in Banning, CA, to also result in battles related to custody and/or restraining orders. Your actions now can affect your criminal case, your child custody rights, and your restraining order. Work with an attorney who has experience in all three arenas.

Types of Restraining Orders in Domestic Violence Cases

When facing domestic violence allegations, here are the three typical types of Restraining orders you may be up against:

  • Emergency Protective Orders: While not automatic, these are commonly filed by the police officer right after an arrest. They give the alleged victim time (5 court days or 7 calendar days) of protection, during which they will often file for a longer restraining order.
  • Criminal Protective Orders: Issued by the criminal court, usually at arraignment and at the prosecutor's request. They last while the case is pending, and after a domestic violence conviction the judge can issue one for up to 10 years (PC § 136.2).
  • Domestic Violence Restraining Orders (DVROs): Requested by the alleged victim in family court. A temporary order can be issued the same day without notice to you and lasts until a hearing, usually within about three weeks. After the hearing, a DVRO can last up to 5 years and can be renewed for another 5 years or permanently (Family Code § 6345).

Domestic Violence Accusations and Custody Cases

Domestic violence findings can reshape a child custody case. Under Family Code § 3044, if a family court finds that a parent committed domestic violence against the other parent, the child, or the child's siblings within the past five years, the law presumes that giving that parent sole or joint custody is not in the child's best interest. No criminal conviction is required. A finding in family court, including one made when a DVRO is granted, can trigger the presumption.

The presumption can be overcome. The judge will weigh factors such as:

  • Whether giving that parent custody is in the child's best interest
  • Completion of a batterer's intervention program
  • Completion of alcohol or drug counseling, if appropriate
  • Completion of a parenting class
  • Compliance with probation and any protective orders
  • Whether there have been any further acts of domestic violence

The good news is that, even if custody is revoked, the accused parent will likely still have visitation rights, with restrictions. Your lawyer can help you file countermotions to regain custody and/or lift those restrictions.


Domestic Violence Penalties in Banning, CA

The table below shows the potential sentences for domestic violence and commonly related charges in Banning, CA.

OffenseStatuteMisdemeanor / FelonyJail / Prison Time*Fines*
Domestic BatteryPC § 243(e)(1)MisdemeanorUp to 1 year in county jailUp to $2,000
Corporal Injury on a Spouse or CohabitantPC § 273.5WobblerMisdemeanor: up to 1 year
Felony: 2, 3, or 4 years (2, 4, or 5 years with a qualifying prior within 7 years)
Up to $6,000 (up to $10,000 with a qualifying prior)
Dissuading a WitnessPC § 136.1Wobbler (felony is a strike)Misdemeanor: up to 1 year
Felony: 16 months, 2, or 3 years (2, 3, or 4 years if aggravated)
Misdemeanor: up to $1,000
Felony: up to $10,000
Criminal ThreatsPC § 422Wobbler (felony is a strike)Misdemeanor: up to 1 year
Felony: 16 months, 2, or 3 years
Misdemeanor: up to $1,000
Felony: up to $10,000
StalkingPC § 646.9WobblerMisdemeanor: up to 1 year
Felony: 16 months, 2, or 3 years (longer if a restraining order was in place or with prior convictions)
Up to $1,000
Restraining Order ViolationPC § 273.6Misdemeanor (wobbler for certain repeat violations)Up to 1 yearUp to $1,000 (up to $2,000 if someone was injured)
False ImprisonmentPC §§ 236, 237WobblerMisdemeanor: up to 1 year
Felony: 16 months, 2, or 3 years
Misdemeanor: up to $1,000
Felony: up to $10,000
Assault With a Deadly Weapon / Force Likely to Cause GBIPC § 245(a)WobblerMisdemeanor: up to 1 year
Felony: 2, 3, or 4 years
Up to $10,000
Sexual BatteryPC § 243.4WobblerMisdemeanor: up to 6 months
Felony: 2, 3, or 4 years
Misdemeanor: up to $2,000
Felony: up to $10,000
Revenge PornPC § 647(j)(4)MisdemeanorUp to 6 monthsUp to $1,000
Child AbusePC § 273dWobblerMisdemeanor: up to 1 year
Felony: 2, 4, or 6 years
Up to $6,000
Elder AbusePC § 368(b)WobblerMisdemeanor: up to 1 year
Felony: 2, 3, or 4 years
Misdemeanor: up to $6,000
Felony: up to $10,000

*These incarceration ranges and fines can be increased by aggravating factors. For example, causing great bodily injury in a domestic violence incident adds 3, 4, or 5 years and makes the offense a strike, and sexual battery convictions require sex offender registration. Always consult with your Banning, CA, domestic violence attorney to understand the possible penalties for your case.

Domestic Violence Probation

It's common for domestic violence plea deals to result in probation, rather than jail time. Mandatory probation conditions are set in PC § 1203.097:

  • 36 months or more of probation
  • A criminal protective order protecting the alleged victim
  • Completion of a 52-week batterer's intervention program
  • If you can afford it, a $500 payment to domestic violence programs
  • Community service
  • Loss of firearms
  • No new law violations

Collateral Consequences of a Domestic Violence Conviction

Here are of the potential collateral consequences for a domestic violence conviction in Banning:

  • Loss of Second Amendment Rights: A conviction of either domestic battery or corporal injury leads to a loss of firearms rights. Misdemeanor domestic battery convictions are a permanent federal ban and a 10-year California ban. Misdemeanor corporal injury convictions on or after January 1, 2019, and any felony convictions result in a lifetime ban.
  • Immigration Consequences: Domestic violence convictions can count as a crime of moral turpitude, leading to deportation. See the immigration section below.
  • Custody: A conviction can trigger the Family Code § 3044 presumption against custody.
  • Long-Term Protective Orders: You could be fighting and/or restricted by criminal protective orders and DVROs for years, or the rest of your life.
  • Employment and Licensing: A conviction appears on background checks and can affect professional licenses, security clearances, and jobs working with children or vulnerable adults.
  • Relationships and Reputation: Your current relationship will likely be strained, and future potential partners may avoid you if they find out about your conviction.

Domestic Violence Charges and Immigration

For noncitizens, including green card holders, a domestic violence case can be more dangerous than the criminal penalties themselves. Fenderal law INA § 237(a)(2)(E) sets two possible condition for removal:

  • A conviction for a "crime of domestic violence" (a crime of violence against a current or former spouse, partner, co-parent or similar protected person)
  • A judicial finding that you broke a protective order (regardless of whether or not you were convicted of a crime for it)

You could also face deportation or other immigration consequences if your conviction falls into the category of crimes involving moral turpitude. The exact statute and the facts in the record of conviction matter. Federal courts have generally treated a PC 243(e)(1) domestic battery conviction as less damaging for immigration purposes than a PC 273.5 conviction, but the analysis depends on the specific case.

If you're a noncitizen, you don't just need a criminal defense law firm. You need an immigration lawyer who can help you understand the potential impacts of these charges. Plea deals that seem appealing on the surface can have hidden immigration consequences — an attorney can help you make an informed choice.


Diversion, Reductions, and Clearing Your Record

Diversion options for domestic violence look different than with standard California criminal charges. PC § 1001.95 offers standard misdemeanor conversion, but this does not apply to domestic violence cases. Instead, you can explore the following:

  • Pre-Filing Intervention: If you call an attorney early enough, they may be able to get ahead of the arraignment and show the district attorney evidence which compels them to not even file charges in the first place.
  • Mental Health Diversion (PC § 1001.36): Mental health diversion is an option if you have a qualifying mental health condition that contributed to your behavior. By participating in a treatment program, you can secure a dismissal of all charges.
  • Military Diversion (PC § 1001.80): Veterans treatment courts are available for some misdemeanors when the alleged offender has a qualifying condition (like substance misuse), and does not present a threat to public safety.
  • Reduction to a Misdemeanor (PC § 17(b)): This specifically applies for felony corporal injury cases — a reduction to a misdemeanor helps you avoid some of the most serious consequences of a conviction.
  • Expungement (PC § 1203.4): Expungement is a chance to clear your public record of the conviction, and is often a major help for moving forward with your career — but it does not restore firearm rights, and the conviction can still be used against you in immigration court.


What if the Alleged Victim Recants?

Domestic violence cases are complex affairs, and it's common for the alleged victim to later change their mind and ask the state to drop the charges. When this happens, it is a major benefit to the defense, but it rarely ends the case on its own:

  • Prosecutors can sometimes proceed without the alleged victim. They may try to use 911 calls, statements made to officers at the scene, body-camera video, photos, and medical records. Whether those statements can be used without live testimony is a complex constitutional question, and challenging them is one of the most important tools in a domestic violence defense.
  • Prior incidents can come in. California Evidence Code § 1109 sets special conditions which allow prosecutors to use evidence from old domestic violence cases in the current case (generally going back up to 10 years).
  • They can compel your spouse to testify. Normally a spouse can refuse to testify against the other, but that privilege has an exception for crimes against the spouse (Evidence Code § 972(e)).
  • Victims can't be held in contempt if they refuse to testify. Under Evidence Code § 1219, a domestic violence victim who refuses to testify about the abuse can't be jailed for contempt.

Be Careful: NEVER reach out to the alleged victim in your domestic violence case. This could be construed as intimidation, regardless of your intentions. If they do want to recant, tell your defense lawyer, who can help take their statement. Your attorney can lawfully present the alleged victim's account, file motions against other forms of evidence, and use inconsistencies in the evidence to your advantage.


Defense Strategies Your Domestic Violence Attorney May Use

Your defense team knows that every case is unique, and your defense should be, too. Some cases are best defended by challenging how the evidence was gathered. Others hinge on actual innocence, such as a false accusation. And others admit that harm was caused, but attack the intent aspect.

Here are defense strategies our domestic violence attorneys may use in your case:

  • False Accusation: If you're in the middle of a complicated breakup, emotions are running high, and your partner might make a false accusation. Your defense attorney should consider the potential motives of the accusor.
  • Self-Defense or Defense of Others: If you were acting to protect yourself, that can be a valid defense against domestic violence charges.
  • Dominant Aggressor: If there was a fight involving both parties, the case can come down to "who started it?" Your lawyer can look for evidence that you were the real victim.
  • Lack of Intent or Accident: In some cases, the alleged offender accidentally hurt the alleged victim. This typically does not reach the bar of "domestic violence."
  • No Traumatic Condition: This defense is specific to inflicting corporal injury charges — if no injury occurred as a result of the alleged attack, the charges can be reduced or dismissed.
  • Alleged Victim Recants: As discussed above, it's not possible for the supposed victim to drop criminal charges. However, if they recant, that can create a major hole in the case against you, which your defense attorney can exploit.
  • Reasonable Doubt: In the eyes of the law, you are guilty until proven innocent. If the prosecution fails to prove your guilt beyond a reasonable doubt, your defense attorney should highlight this.
  • Alibi: Alibis can be incredibly strong defenses when available, since they show that you could not have committed the crime.
  • Constitutional Violations: If the prosecution's case hinges on evidence that was collected illegally, we will challenge it, file motions to suppress it, and argue for charges to be dismissed entirely.

How the Law Offices of David S. Chesley Defends Domestic Violence Charges

The Law Offices of David S. Chesley specializes in criminal defense and has extensive experience fighting domestic violence charges. This is what you can expect for your case:

  1. Initial Consult: Everything starts with a free, confidential case review.
  2. Bail and Protective Orders: If you are not offered release by the court, we'll argue for lower bail and challenge any protective orders.
  3. Interview Management: If police want to question you, we'll handle that contact and advise you on how to respond.
  4. Defense Investigation: Between discovery, 911 recordings, body-camera video, medical records and our own investigation, we'll learn every detail of your case.
  5. Strategy Development: Your defense should be specific to your circumstances, not a cookie-cutter tactic.
  6. Pretrial Motions: While the trial is pending, we'll file motions that protect your rights and fight against misconduct.
  7. Plea Negotiations: We use our experience with how Banning, CA prosecutors evaluate domestic violence cases to pursue reduced charges, diversion where available, or a dismissal.
  8. Trial Representation: If your case goes to trial, we'll present your defense to the judge and jury.
  9. Sentencing Advocacy and Appeals: If your case ends in a conviction, we can advocate for a lighter sentence and help with appeals, reductions, and expungement.

Why Choose the Law Offices of David S. Chesley for Domestic Violence Defense in Banning, CA

Our firm has over 50 years of combined courtroom experience. We've been judges, prosecutors, and police officers, and we know where common weaknesses are in the state's cases.

Our Banning defense team can offer you:

  • Former district attorneys on our team who know the ins and outs of domestic violence charges from the prosecution's perspective.
  • Local courtroom experience from a team that services counties across all of California.
  • Criminal defense and immigration under one roof, because noncitizens deserve special attention to their unique circumstances.
  • Available 24/7, so that you can get a hold of our team around the clock.
  • History of success. Read about our recent case results, including domestic violence cases.

In a previous case, our client was accused of committing assault with a deadly weapon and domestic violence for hitting the alleged victim with a car. We examined the evidence of the injury, argued with the district attorney, and were able to secure a full dismissal of charges for our client.

Every case is unique — examples used above are not necessarily representative of future case results.



Banning, CA Domestic Violence FAQs

Will I go to jail for a first-time domestic violence offense in Banning, CA?

Not automatically. Many first-time misdemeanor domestic violence cases are resolved with probation rather than jail, especially when there was little or no injury and the accused has no record. If you are given probation, it will include several terms, including the following: at least 36 months of probation, a 52-week batterer's intervention program, and a restraining order. To maximize your chances of avoiding jail, be sure to work with an experienced defense attorney.

Is a domestic violence conviction in Banning, CA, a felony?

That depends on what the Banning prosecutor chooses to charge in your case. Domestic battery under PC 243(e)(1) is always a misdemeanor. Corporal injury on a spouse or cohabitant under PC 273.5 is a "wobbler," which means the prosecutor can file it as a misdemeanor or a felony depending on the injury, your record, and the facts. Related charges such as criminal threats, stalking, and dissuading a witness can also be charged as either a misdemeanor or a felony.

What is the difference between domestic battery and corporal injury?

Domestic battery (PC 243(e)(1)) includes an intentional, nonconsensual form of physical contact that hurts or offends a current or former romantic partner. It does not matter whether or not an injury was caused. Corporal injury (PC 273.5) is generally considered the more serious offense because it involves causing harm to another person. It can also be charged as a felony.

Can the victim drop domestic violence charges in Banning, CA?

No. Even if the alleged victim recants, only the prosecutor can decide not to pursue the case. While it's helpful to have the alleged victim change their mind, this is only a part of a successful defense.

Can police arrest me for domestic violence if nobody is hurt?

Yes. Probable cause for a domestic violence arrest can include the alleged victim's story or signs of violence (like property damage) besides an injury — it does not require a visible injury. Visible injuries often count as probable cause, but Banning police officers look at the whole picture, not just cuts and bruises.

Can I go home after a domestic violence arrest?

Often not right away. Police commonly obtain an emergency protective order, and the criminal court usually issues a criminal protective order at arraignment that can require you to stay away from the alleged victim and the shared home. Violating either order is a separate crime, even if the alleged victim invites you back. Your attorney can ask the judge to modify the order, for example, to allow peaceful contact.

Will a domestic violence charge affect my immigration status?

It can. But it depends greatly on the specifics of your case and the statute in question. Federal law says that any noncitizen convicted of a domestic violence crime or a protection order violation is eligible for deportation (8 U.S. Code § 1227). Because of these wide-reaching ramifications, you should always consult with an immigration attorney before accepting any plea offer.

Can I get diversion for a domestic violence charge in Banning, CA?

Typically, diversion is not an option in Banning domestic violence cases, because PC 1001.95 specifically excludes these case types (as well as many sex offenses). However, some defendants may qualify for mental health diversion under PC 1001.36, and current or former service members charged with a misdemeanor may qualify for military diversion under PC 1001.80. These can be great options for eligible individuals, who can avoid a domestic violence conviction on their record.

Can a domestic violence conviction be expunged in Banning, CA?

Usually, yes. After you complete probation, you can generally petition to dismiss the conviction under PC 1203.4, and a felony PC 273.5 conviction may also be reduced to a misdemeanor under PC 17(b). Expungement is a popular option because it can reduce your prior conviction's impact on your future career and housing. It does not restore firearm rights, however.

Will a domestic violence conviction take away my gun rights?

Most likely, you will lose your firearm rights. Both the state of California and the federal government have legal bans in place for firearm ownership when someone has been convicted of domestic violence: In California, domestic battery convictions carry a 10-year firearm ban. Misdemeanor corporal injury convictions on or after January 1, 2019, and any felony convictions carry a lifetime ban in the state. For the federal government, any domestic violence conviction carries a lifetime firearms ban. Important Note: Always assume that federal law takes precedence over state law in these cases, as they are more restrictive. These are separate from any restraining order restrictions, which often ban firearm possession for their duration.

How long does a domestic violence case take in Banning, CA?

The actual timeline depends on the specifics of your case — a general range is from a few months to a year or more. If you've just been accused and arrested, the initial arraignment and bail phase typically occurs within 48 hours (excepting Sundays and holidays). After that, the pretrial phase of discovery, investigation, motions, and plea negotiations usually takes several months, and cases that go to trial take longer.

Can a felony corporal injury charge be reduced to a misdemeanor?

Yes. Because inflicting corporal injury on a spouse or cohabitant a wobbler, the state can charge it as either a misdemeanor or a felony. Your defense attorney can also advocate for reducing the charge, both with the prosecutor and with the judge.

What should I do if I'm served with a restraining order while my criminal case is pending?

Obey every condition of the order, even if the supposed victim changes their mind. It's common for domestic violence charges to be accompanied with an emergency protective order, then later a domestic violence restraining order, and even if the alleged victim reaches out to you, you can face consequences for breaking the conditions. Your defense attorney can challenge the order or ask the court to modify it.


Fight Against Your Domestic Violence Charge in Banning, CA, With an Expert Defense Attorney

We are prepared to fight against domestic violence charges in Banning — whatever you've been accused of, you shouldn't have to go through this process alone.

We also aid with the following legal services in Banning, CA:

Speak with us at (800) 755-5174 or reach out online to set up a no-strings attached review of the charges against you with a domestic violence lawyer in Banning, CA.

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  • Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
  • Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico. Our client was the only defendant who received NO JAIL TIME!
  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victim's mother DISMISSAL of all charges at preliminary hearing!
  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

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