Domestic Violence

Domestic Violence Defense in Riverside County: Protecting Your Rights and Future

Being accused of domestic violence in Riverside County is a life-altering experience that can destroy your reputation, relationships, career, and freedom. Whether you are facing charges in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Perris, Hemet, San Jacinto, Corona, Riverside, Moreno Valley, Norco, Eastvale, Jurupa Valley, Banning, Murrieta, Menifee, Lake Elsinore, Winchester, Wildomar, or French Valley, the stakes could not be higher. At the Law Office of Nic Cocis, we understand that domestic violence allegations are often complex, emotionally charged, and sometimes based on false or exaggerated claims. Our mission is to provide aggressive, compassionate defense to protect your rights and secure the best possible outcome for your case.

Understanding Domestic Violence Charges in California

Domestic violence in California encompasses a range of offenses involving harm or threats against an intimate partner, spouse, cohabitant, or family member. The most common charges include:

• Domestic Battery (PC 243(e)(1)): Willfully inflicting force or violence on an intimate partner, even without visible injury. This is typically charged as a misdemeanor.
• Corporal Injury to a Spouse (PC 273.5): Inflicting a physical injury that results in a traumatic condition (bruise, wound, etc.). This is a more serious charge and can be filed as either a misdemeanor or felony.
• Criminal Threats (PC 422): Threatening to harm someone in a way that causes them to fear for their safety.
• Violation of a Restraining Order (PC 273.6): Intentionally violating the terms of a protective or restraining order.

Prosecutors in Riverside County aggressively pursue domestic violence cases, often proceeding even when the alleged victim wants the charges dropped. Once law enforcement is involved, the decision to prosecute rests entirely with the district attorney's office, not the victim.

Can Domestic Violence Charges Be Dropped in California?

One of the most common questions we hear is whether domestic violence charges can be dropped. While the alleged victim cannot directly drop charges in California, the prosecutor may dismiss the case under certain circumstances. If the victim recants their statement, the evidence is weak, or your attorney successfully challenges the accusations, dismissal becomes more likely.

However, prosecutors often proceed even without victim cooperation, relying on police reports, 911 calls, photographs, and witness statements. An experienced domestic violence attorney can negotiate dismissals or reduced charges by exposing inconsistencies, false allegations, or lack of corroborating evidence. Early intervention is critical to achieving the best outcome.

Severe Penalties and Consequences in Riverside County

Domestic violence penalties in Riverside County vary widely depending on the specific charge, the severity of the alleged injury, and your criminal history. The potential consequences include:

• Jail or Prison Time: Misdemeanor convictions can result in up to one year in county jail. Felony domestic violence (corporal injury under PC 273.5) carries 2-4 years in state prison.
• Fines: Fines can reach up to $6,000 for misdemeanor convictions, with additional court fees and restitution payments to the victim.
• Mandatory Programs: Conviction typically requires completion of a 52-week batterer's intervention program, which is time-consuming and expensive.
• Protective Orders: Courts often issue restraining orders prohibiting contact with the alleged victim, which can force you out of your home and away from your children.
• Loss of Gun Rights: Both federal and California law prohibit anyone convicted of domestic violence from owning or possessing firearms—often for life. Even misdemeanor domestic violence convictions trigger a 10-year firearm ban in California.
• Immigration Consequences: Domestic violence convictions can result in deportation or denial of citizenship for non-citizens.
• Permanent Criminal Record: A domestic violence conviction remains on your record permanently, severely impacting employment, professional licenses, housing, and educational opportunities.

The collateral consequences of a conviction extend far beyond the courtroom, affecting every aspect of your life. This is why fighting the charges with an experienced attorney is essential.

False Accusations and Mistaken Identity

False domestic violence accusations are unfortunately common in Riverside County. They often arise from:

• Custody Disputes: A parent may fabricate allegations to gain an advantage in family court proceedings.
• Divorce Proceedings: Accusations can be used as leverage in property division or spousal support negotiations.
• Revenge or Anger: An ex-partner may seek to punish you or damage your reputation out of spite.
• Misunderstandings: Emotional arguments can be misinterpreted or exaggerated by third parties who call the police.

If you've been falsely accused, it's critical to gather evidence immediately—text messages, emails, witness statements, photos, and recordings that contradict the allegations. An experienced attorney can expose inconsistencies in the accuser's story, challenge credibility, and present evidence of ulterior motives to get charges dismissed or reduced. Time is of the essence, as memories fade and evidence can be lost.

Protecting Your Parental Rights

Domestic violence charges often result in emergency protective orders that prohibit contact with the alleged victim and your children, even if you live together. This can be devastating, especially when you are innocent or the allegations are exaggerated.

However, your attorney can request modifications to the protective order to allow supervised visitation or peaceful contact for child custody exchanges. In family court, you can fight for custody and visitation rights while the criminal case is pending. Early legal intervention is essential to protect your parental rights and maintain your relationship with your children.

Strategic Defense Against Domestic Violence Charges

A successful defense requires a thorough investigation, strategic legal arguments, and a deep understanding of California domestic violence law. At the Law Office of Nic Cocis, our defense strategies include:

1. Challenging the Evidence

We meticulously review police reports, 911 recordings, photographs, and witness statements to identify inconsistencies, exaggerations, or procedural errors. Many cases rely on the alleged victim's testimony alone, which can be unreliable or contradictory.

2. Self-Defense or Defense of Others

California law allows you to use reasonable force to protect yourself or others from imminent harm. If you were defending yourself during an altercation, we can present evidence to support a self-defense claim.

3. False Allegations and Ulterior Motives

We investigate the accuser's background, motives, and credibility. Text messages, emails, social media posts, and witness testimony can reveal that the allegations were fabricated for custody, financial, or personal reasons.

4. Lack of Evidence or Proof

The prosecution must prove guilt beyond a reasonable doubt. If there are no visible injuries, no independent witnesses, and no corroborating evidence, we can argue that the charges are based on speculation rather than facts.

5. Constitutional Violations

If law enforcement violated your Fourth Amendment rights during a search or your Fifth Amendment rights during questioning, any evidence obtained illegally may be suppressed, severely weakening the prosecution's case.

6. Negotiating Reduced Charges or Diversion

In some cases, we can negotiate with prosecutors to reduce felony charges to misdemeanors, or secure diversion programs that allow you to complete counseling and community service in exchange for dismissed charges.

Why Experienced Legal Representation is Critical

Domestic violence cases are highly emotional and legally complex. Prosecutors are aggressive, and the consequences of a conviction are severe. Attempting to navigate these charges without experienced counsel is a risk you cannot afford to take.

The Law Office of Nic Cocis provides dedicated, localized defense throughout Riverside County. We understand the local court procedures, the tendencies of the prosecutors, and the specific challenges faced by individuals charged in areas like Temecula, Murrieta, and Menifee. Our goal is not just to mitigate penalties, but to fight for a dismissal, acquittal, or reduction of charges to protect your freedom, reputation, and future.

If you are facing a domestic violence investigation or charges, do not speak to law enforcement without legal representation. Anything you say can and will be used against you. Your future depends on the decisions you make right now.