Los Angeles Domestic Violence Lawyer
A charge of domestic violence is a serious matter. It can upset your life and cause severe emotional turmoil to yourself and your family. Finding out the truth behind such a charge is important to the outcome of your case. The charges can't be dropped by the victim.
The decision is made by the prosecutor on a variety of factors, including whether there have been prior acts of domestic violence. Under California Evidence Code 1109, the DA can make a motion to introduce prior incidents of domestic violence.
The most common charges include corporal injury to a spouse under California Penal Code 273.5 PC, and domestic battery under and Penal Code 243(e)(1).
At Cron, Israels & Stark, our criminal defense lawyers work with investigators and eyewitnesses in order to defend our clients and tell their side of the story. We assert and protect your rights and will aggressively challenge the allegations against you.
You may be eligible for alternative sentencing, rather then spending time in jail especially if it's your first domestic violence. If charged with domestic violence, you need an attorney with experience and who knows the best defenses that will give you the best chance at avoiding a conviction.
There are some crimes in California when a prosecutor has the discretion to file the case as either a misdemeanor or felony misdemeanor crime – commonly known as a “wobbler.” If you have been arrested for domestic violence, it's important to begin defending yourself as soon as possible.
After someone was arrested for domestic violence, the criminal court process is stressful, emotional, confusing, and often will frequently divide family unity. To schedule a confidential consultation, contact criminal defense attorneys at our firm today. There are certain situations when the prosecutor could be open to a reduced charge for domestic violence through plea negotiations.
Domestic Violence Offenses
The penalties for child abuse can irreparably destroy your reputation, both personally and professionally. If you are facing charges related to child abuse, it is imperative that you get a skilled defender involved in your case immediately. Find out more about the charges and penalties.
Certain situations can lead to charges of child endangerment. These include physical abuse, neglect or emotional abuse, or accusations regarding operating a vehicle while under the influence of drugs or alcohol, with a child present in the vehicle. Read more.
A criminal threat under Penal Code 422 PC is a written or spoken threat regarding a violent act, a threat to injure or kill another person. When a threat has the intent to frighten or intimidate a person in your household, family or former household, either misdemeanor or felony charges can be filed against you. Find out more.
The domestic violence crime of “corporal injury to spouse” is defined under Penal Code 273.5 PC .. It's described as willfully inflicting a physical injury on a spouse or intimate partner and commonly called “domestic abuse.” If the victim sustained serious injuries, you could be facing a great bodily injury enhancement (GBI) under California Penal Code 12022.7.
Domestic battery is described in Penal Code 243(e)(1) PC, and is often referred to as “spousal battery.” It's one of the most common charges filed in a domestic violence related incident. This crime is generally described as willful and unlawful offensive touching on someone that is your current or former spouse, cohabitant, someone of a dating relationship, or parent of your child.
Get answers to basic questions about defending against criminal accusations of domestic violence. You need to know what to do if you have misdemeanor or felony domestic violence charges filed against you, as the repercussions of a conviction can last a lifetime.
The penalties and sentencing for domestic violence vary based upon the level of charges filed. Some are misdemeanor while others are serious felonies with extensive prison time as part of the punishment that could be imposed by the court.
If you are accused of domestic violence and the custody of your children is at risk, you need to ensure that fast, effective defense action is initiated without delay. Your children could be removed from your custody and suffer a great deal of upheaval and emotional distress, or you could lose custody completely.
Elder abuse is defined under Penal Code 368 and covers a wide range of offenses that could occur in different situations. Most elder abuse defendants are a member of the family or a caregiver. Elder abuse crimes occurs in different ways – such as physical, mental, or financial. In simple terms, it's a crime willfully cause or allow an elder or dependent to suffer unjustifiable pain.
The crime of “false imprisonment” is described under Penal Code 236 PC, which makes it unlawful to deprive another person of their personal liberty. In other words, if you intentionally detain someone and not allow them to leave when they want, it's considered false imprisonment.
It is illegal to verbally or physically intimidate your partner with threats of physical force or harm. If you are accused of committing this illegal act, it is time to get a domestic violence lawyer that is ready to hear your side of the story, and will aggressively protect your rights.
Making annoying phone calls in defined under California Penal Code Section 653m. This statute makes it a crime to make repeated or harassing phone calls, or phone calls that use obscene or threatening language. Many PC 653m criminal cases are related to domestic violence.
A protective order can be issued by a judge for the purpose of protecting a person who is believed to be at risk of physical or sexual abuse, stalking or harassment. These orders are geared to make it less possible for an abuser to come into contact with the alleged victim. A violation of a criminal protective order will lead to an immediate arrest and criminal charges. Violating a domestic violence protective order is covered under Penal Code 273.6 PC.
A restraining order will restrict the accused from contacting the alleged victim by phone, letter, email or in person, and will include the restriction of staying a certain distance away from the other person at all times. You may be unable to enter your own home, get your possessions, and may be restricted from seeing your own children. The crime of violating a restraining or protective order is described California Penal Code 273.6
Charges of domestic violence can be filed against a person who is in a gay or lesbian relationship. The consequences can be very serious, including losing custody of children, being unable to return to your own home, and jail time as well as fines and mandated treatments.
Charges regarding spousal abuse can either be filed as a misdemeanor or a felony. If you are accused of committing an act of spousal abuse, you could face long term repercussions, including the inability to enter your own home, access to your children, as well as dealing with a criminal charge and all of the ramifications to your personal and professional reputation and future.
The crime of stalking under Penal Code 646.9 PC could potentially be filed as a felony if it is alleged that the accused was under a temporary restraining order, injunction or other court order such as a stay away order. Stalking charges can be very serious and if you have been charged after being served with a restraining order, you could be in serious legal trouble. Aggravated trespassing is defined under Penal Code 601 PC.
Our Lawyer are On Your Side
There are two sides to any story. Unfortunately, due to of political issues that sometimes impact how officials and legislators choose to react to a problem, men and occasionally women are often treated as if they are presumed guilty in domestic violence cases. California self-defense laws allows you to protect yourself in certain situations. Domestic violence offenses with firearms can result in assault with a deadly weapon charges.
If convicted on a domestic violence related offense in a Los Angeles criminal court and placed on probation by the court, the judge will order you to complete a 52 week batterers' program known as the Batterers' Intervention Program (BIP).
That's why our attorneys investigate what happened by talking to eyewitnesses, checking emergency room records, and requesting medical records to see if the alleged victim has a history of psychological problems or drug and alcohol abuse.
We also provide a context for what happened, especially in cases where our client acted in self-defense or was also assaulted. It should be noted that if you intentionally detain someone and not allow them to leave when they want, it's considered false imprisonment. If convicted of domestic violence, you might be ordered to pay victim restitution for any losses suffered by a victim due to your conduct.
How Restraining Orders Can Complicate Your Life
Many domestic violence victims take out a restraining order against their alleged attacker. If a restraining order is issued against you, attending the hearing to determine if it should be extended and for how long is crucial. At the hearing, you can provide evidence, your own testimony, and witness testimony to prove your case.
If a restraining order is issued, you will have to turn in any guns you own, you may have to vacate your house or apartment if you share it with the alleged victim, and may be ordered to avoid all contact with him or her. Additionally, you may be denied visitation or custody rights of your children.
In many cases, our attorneys can help you fight restraining orders that are intended to punish or complicate the life of an ex-mate or ex-spouse. We have the resources needed to investigate questionable allegations and expose groundless accusations. Contact us today to discuss your charges and defense options!
Best Defenses for Los Angeles Domestic Violence Charges
Defenses for Los Angeles Domestic Violence Arrest
Criminal Protective Orders in California
Criminal Threats Law in California – Penal Code 422
Criminal Trespassing Laws in California
Damaging Phone Lines – Penal Code 591