Domestic violence is one of the most common crimes in Los Angeles County. In many DV cases, the alleged victim and suspect are involved in a marital or dating relationship living in the same home.
Domestic violence incidents often begin with a simple verbal argument over a wide range of issues but then escalate into a physical confrontation.
Police receive domestic violence calls for service from a variety of sources. Obviously, the most common comes from the alleged victim, but there are situations where the alleged attacker will call for police. It's also common to receive DV calls from a neighbor or a bystander.
Domestic violence allegations normally occur between two intimate partners behind a closed door, which makes it a classic he-said, she-said scenario, and the stories almost never match.
This makes it difficult for police to determine exactly what happened, so law enforcement and prosecutors will seek objective evidence to corroborate claims by both parties involved.
For example, if a victim claims they were struck hard on the side of their face, there should be some bruising or red marks. If they claim their property destroyed, there should also be some evidence at the scene.
When police have trouble determining the identity of the primary aggressor, they often arrest the actual abuser along with the victim in a dual arrest.
In domestic violence cases that can't be corroborated by objective evidence, then we will have a good opportunity for a successful prefiling intervention to avoid the filing of charges.
Many of our clients who were arrested for suspicion of a domestic violence offense are charged with California Penal Code 243(e), misdemeanor domestic battery – or – California Penal Code 273.5, corporal injury to a spouse, a potential felony.
There are situations where the Los Angeles County prosecutor might be willing to reduce the domestic violence charges to a lesser offense during plea negotiations – and potentially avoid a domestic violence conviction or even avoid the formal filing of charges.
Our Los Angeles criminal defense attorneys have provided an overview below to help readers better understand a prefiling intervention defense to DV charges.
Can The Victim Drop the Charges?
There is a common misconception that an alleged victim of domestic violence has the authority to drop the charges. The simple answer to this question is “no.”
In other words, in Los Angeles County, you can be arrested and charged with domestic violence in a situation where the alleged victim doesn't even want you to be arrested – much less charged.
The prosecutor alone holds the authority to decide whether to file domestic violence charges. They can proceed with the case even if the alleged victim doesn't show up in court. In essence, the prosecutor is the only person who can drop charges, and the alleged victim is considered a witness for the prosecution.
There are certain situations when the prosecutor could be open to a reduced charge for domestic violence through plea negotiations.
How Pre-Filing Intervention Works
An effective defense strategy against domestic violence cases is “prefiling intervention,” which involves your criminal lawyer negotiating with law enforcement and the prosecutor to attempt to have the case dismissed.
In many domestic violence incidents, alleged victims become uncooperative, or they have a motivation to exaggerate the details of the incident, or they can outright make false allegations.
Our lawyers might be able to effectively present these issues to show actual proof—along with mitigating factors about your character and background—that will often get the domestic violence charges dismissed or reduced from a felony to a misdemeanor. This could even result in your case being informally handled through an office hearing process.
Emphasizing the importance of immediate intervention by a criminal defense lawyer right after a police report or arrest, we aim to reassure you that you can take proactive steps to avoid the risk of a formal criminal charge being filed against you.
Even in cases when formal domestic violence charges have already been filed, we want you to feel hopeful and optimistic. Experienced legal representation often provides the best chance at a favorable outcome.
We have learned that presenting mitigating factors early in the court process often helps our clients avoid jail or achieve a lesser charge. In some domestic violence situations, the prosecutor wants to avoid having to deal with an uncooperative and combative victim who has charged their story several times. This scenario is not uncommon and will often lead the prosecutor to seek a quick resolution on the case favorable to our client.
It should be noted that there are domestic violence cases in which a settlement with the prosecutor can't be reached. This means we will have to proceed to a jury trial. Our lawyers are skilled at the art of cross-examination and will seek any weakness in the prosecutor's case. This would include inconsistent statements by the victim or their motivation to lie or change their story.
It should also be noted that California Evidence Code 1109 permits the prosecutor to introduce any prior acts of domestic violence in order to prove the new pending case.
Early Intervention
Reiterating the critical importance of understanding how domestic violence investigations and the court process work in Los Angeles criminal courts, we aim to make you feel informed and prepared. Early intervention by our law firm is crucial to maximize your chances of avoiding formal charges being filed in court.
Even if the prosecutor has already filed charges, strategic legal representation could result in a favorable outcome. This could include having the charges reduced and being sentenced to probation rather than jail time.
In situations where the prosecutor may have strong evidence against you, our lawyers will aggressively work to minimize the behavior by presenting your good background and character as mitigating factors.
Common California Domestic Violence Charges
- Penal Code 243(e)(1) – Domestic Battery
- Penal Code 273.5 – Corporal Injury to Spouse
- Penal Code 273d – Corporal Injury on Child
- Penal Code 422 – Criminal Threats
- Penal Code 273.6 – Violating a Restraining or Protective Order
- Penal Code 273a – Child Endangerment
- Penal Code 273d – Child Abuse
- Penal Code Section 368 – Elder Abuse
- Penal Code 136.1 – Witness Intimidation
- Penal Code 646.9 – Stalking
- Penal Code 653m – Making Annoying Phone Calls
Contact our Law Firm To Review Your Case
If you have been accused of any type of domestic violence charge, you need to consult with a criminal defense lawyer who knows the best strategies to avoid a conviction.
In some cases, depending on the details, our law firm might be able to avoid the formal filing of charges through effective pre-filing intervention. If convicted of domestic violence, you might be ordered to pay victim restitution for any losses suffered by a victim due to your conduct.
Our law firm represents clients throughout Southern California, including the greater Los Angeles County area and the San Fernando Valley.
We need to review the details of your domestic violence case in order to determine an appropriate strategy for the best outcome.
We exclusively practice criminal defense and have decades of combined experience in prefiling interventions, court representation, and jury trials. Call us for a free case evaluation.
