Charged with felony domestic violence and felony false imprisonment

One Wallin & Klarich client was charged with felony domestic violence (P.C. 273.5(a)) and felony false imprisonment (P.C. 236). It was alleged that the client prevented his spouse from leaving a room in their home by locking the door during a verbal argument and that the argument later escalated into a physical confrontation. The spouse suffered injuries and there were other family members in the home at the time of the incident. They did not see what happened but called the police when they heard noises from the incident.

The client did not have a prior record of domestic violence and did not have a significant criminal record, and none involving felonies or crimes of violence. However, felony domestic violence charges are eligible for state prison even when a defendant does not have prior convictions for felonies, strikes, or domestic violence charges. Thus, our client could have been sentenced to a maximum of 4 years and 8 months in state prison if convicted on both charges.

The prosecutor was initially seeking a state prison sentence in this case. However, we were able to negotiate a probation sentence for the client by presenting mitigating facts and evidence to the prosecutor. 

Mitigating Factors

These mitigating factors included:

(1) client completing a 12 week anger management class

(2) client attending a 52 week domestic violence program

(3) providing proof of employment (client owned a small business)

(4) providing proof that client was attending marital counseling

(5) no prior domestic violence convictions or violent criminal record

(6) the injuries were not permanent, and 

(7) the client's spouse indicated that she did not want her husband to go to state prison or serve jail time because of this incident.

As a result, the client received a felony probation offer with 180 days of county jail, which he was also allowed to complete through the work release or house arrest programs. Avoiding state prison and actual custody time allowed the client to maintain his small business and continue to work on his issues by attending counseling and classes so that he can continue to heal his relationship with his spouse, children, and family.

What Wallin & Klarich Can Do For You or A Loved One

If you or a loved one are being charged with felony domestic violence or felony false imprisonment, it is critical that you look for the help of an experienced criminal defense attorney at Wallin & Klarich. We have over 40 years of fighting felony charges for our clients.  With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles, and San Diego, you can find an experienced Wallin & Klarich criminal defense attorney available near you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (714) 587-4279 for a free, no-obligation phone consultation. We will be there when you call.