Los Angeles County Domestic Violence Lawyers

A domestic violence (DV) charge can have serious long-term consequences and obtaining the right legal counsel quickly is critical. We are experienced domestic violence attorneys, and we take an aggressive approach to helping those charged with domestic violence. Don’t leave your fate in the hands of an over-worked public defender. Call us immediately. Our criminal defense team will listen to your side of the story, evaluate your case and explain what you can expect to happen next in an honest and open manner.

An experienced Los Angeles criminal defense attorney weighs all the facts to help protect your rights and interests. Often, arguments occur in the heat of passion and when alcohol is involved can get out of hand. Later, both parties often regret the incident and want to put it behind them. Once charges are filed, however, only the prosecutor decides whether or not to dismiss the case.

Is Domestic Violence a Misdemeanor or a Felony?

In California, it can be filed as a misdemeanor or a felony, and the decision is up to the prosecutor. If the victim shows signs of severe injuries such as visible cuts and broken bones, the prosecutor will most likely file the case as a felony. No injuries or slight injury cases will generally be filed as a misdemeanor. Prior acts of reported domestic violence or spousal abuse will influence the decision of the prosecutor as well.

What Are California Laws Concerning Domestic Violence?

Domestic violence laws differ state by state, and California has some of the strictest laws in place regarding the arrest for domestic violence. For example, you can be arrested and prosecuted for domestic violence even if the victim changes his or her mind about prosecution, which often happens after heads cool down later. This means the prosecutor can proceed with criminal charges even if the alleged victim decides not to go to court.

Police are mandated to take a person into custody if they believe that some form of spousal abuse or domestic violence occurred. Even a minor spat between couples with verbal abuse or slight physical contact is enough for the police and the prosecutor to charge you with a crime. Sadly, there are some people who will pretend to be victims of violence to get back at their partner for something that angered them. Domestic violence charges can adversely affect your freedom, your financial future and access to your home and children. Aggressive representation if your first line of defense when facing domestic violence charges in Los Angeles or Orange County. Contact our office immediately, and we will guide you through the process and help you take back your life.

What if I Am Undocumented and Charged With Domestic Violence?

If you are not a citizen of the United States, a domestic violence conviction can be considered a violent crime for immigration purposes which means you could be deported. If you are facing domestic violence charges in Los Angeles or Orange County, contact LA Defense Group immediately. We are an experienced team of Southern California domestic violence lawyers who knows the Los Angeles court system and how the DV unit prosecutors operate.

What About Child Custody With a Domestic Violence Charge?

In most DV cases, a temporary protective order or restraining order is issued to prevent contact between victims and persons charged with domestic violence. A restraining order can have a serious impact your freedoms and child custody. Under state law, domestic violence charges are considered by the court before making any decisions on child custody. This means that if you are charged with domestic violence, you could be denied custody rights altogether or granted limited, supervised visitation with your children. Don’t let it come to this and contact LA Defense Group.

Can I Own a Firearm if I’m Accused of Domestic Violence?

If you are served with a protective order and accused of domestic violence, you may have to relinquish any weapons you own or have access to. If you are convicted of misdemeanor domestic violence crimes, you will be prohibited from possessing, owning, or having access to firearms under state and federal laws. Therefore, if you are or plan to serve in the military, attend the police academy, apply for work as a security guard or going into any other line of work involving weapons, a domestic violence conviction can have ramifications you never anticipated. Contact a domestic violence lawyer to protect your rights.

What If This Is My First Conviction of Domestic Violence?

We have successfully defended hundreds of clients charged with domestic violence crime and know how Los Angeles country court systems work. If you do not contact an attorney experienced with DV charges and it is your first conviction, you will be expected to complete a 52-week batterers course, 8 hours of community service and pay various fines and fees no matter if the conviction is for a misdemeanor or a felony charge.

To prevent a 52-week batterer’s treatment program order, an agreement must be negotiated with the District Attorney so that a non-domestic violence charge such as a disturbing the peace or simple assault is substituted for the domestic violence charge. Depending on the facts of the domestic violence case and the criminal record of the accused, an agreement can be reached with the court where attendance at an anger management class (10-weeks) or counseling can relieve the accused of the normal requirements of a domestic violence charge.

Common Charges in Domestic Violence Disputes

Corporal Injury to Spouse – Penal Code Section 273.5(a) which states in pertinent part – Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.

Spousal Battery – Penal Code Section 243(e)(1) which states -When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment.

Violation of Protective Order – Penal Code Section 273.6(a) – Any intentional and knowing violation of a protective order …is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. If there is a prior conviction, this can be charged as a felony which carries a state prison sentence of 16 months to 3 years.

Dissuading a Witness – Penal Code Section 136.1(a) any person who knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law is guilty of a public offense. (b) every person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following is guilty of a public offense: (1) Making any report of that victimization to any peace officer or state or local law enforcement officer or probation or parole or correctional officer or prosecuting agency or to any judge. (2) Causing a complaint, indictment, information, probation or parole violation to be sought and prosecuted, and assisting in the prosecution thereof. (3) Arresting or causing or seeking the arrest of any person in connection with that victimization.

Injury to Telephone Lines – Penal Code Section 591- A person who unlawfully and maliciously takes down, removes, injures, or obstructs any line of telegraph, telephone, or cable television, or any other line used to conduct electricity, or any part thereof, or appurtenances or apparatus connected therewith, or severs any wire thereof, or makes any unauthorized connection with any line, other than a telegraph, telephone, or cable television line, used to conduct electricity, or any part thereof, or appurtenances or apparatus connected therewith, is punishable by imprisonment in the state prison, or by a fine not exceeding five hundred dollars ($500), or imprisonment in the county jail not exceeding one year.