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If you have been accused of Domestic Violence you should get legal representation as soon as possible.  I have been representing clients in domestic violence cases for more than 15 years.

As a former probation officer and deputy district attorney I know the ins and outs of the system I have also been a criminal defense attorney for more than 15 years and can get you through this time if you have been accused of Domestic violence.

Below I will outline the offense of Domestic Violence and some of the defenses.  These defense are not meant to be exhausitve  and if you have been accused of a crime you should seek legal counsel as soon as possible.  

the following elements are of 273.5 And can be charged as either a Felony or a Misdemeanor. 

1. Defendant willfully inflicted corporeal injury on a spouse

2. Victim was either defendants spouse or former spouse

or a person who they were cohabiltating with

fiance or somoene whom the offender has or previously had a a dating relationship with 

the mother of his or her child

corporeal injury resulted in a traumatic condition


Self defense or defense of another person- that when you committed battery you were defending yourself

Wrongful accustion that the accusation was made up or wrong

That there was not traumatic condition

It was mutual combat – a very misunderstood terms and usually both parties agree to fight. 

This is again not a exhaustive list and meant to be only a partial list.  

If you have questions give us a call 559 441-1418. 


Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704 View Map
Phone: 559.441.1418