Domestic Violence Defenses in Los Angeles
Los Angeles County prosecutors and law enforcement agencies aggressively enforce California's domestic violence laws. Prosecutors often find themselves under public pressure to file cases and obtain convictions, as domestic violence is often a sensitive and even political issue.
Unfortunately, charges are sometimes filed despite significant evidentiary issues with the case. Understanding the legal process in domestic violence cases can help you navigate the situation with more confidence.
For individuals facing their first domestic violence accusation, the timing of legal representation is of utmost importance. Engaging a seasoned Los Angeles domestic violence attorney early in the court process is not just advisable, but crucial.
This early engagement ensures the development of a robust defense plan, significantly increasing the chances of avoiding a conviction.
Negotiation with the Prosecutor
In the vast majority of domestic violence cases, a defense attorney plays a crucial role in negotiating with the prosecutor. This negotiation can lead to reduced charges or even the charges being dropped, providing a ray of hope in a difficult situation.
The defense attorney's role is to advocate for the accused, present evidence, challenge the prosecutor's case, and ensure the defendant's rights are protected, all with the aim of achieving the best possible outcome for the defendant.
If you've been accused of a domestic violence offense, the next crucial step is to consult with our criminal lawyers immediately. Early intervention is key, and our team is here to guide you through the process.
We understand the importance of sharing all the details of the case with us, and we'll start working on your defense strategy with your best interests at heart, empowering you with the knowledge and control in this challenging time.
Getting Legal Advice
When seeking legal advice after being accused of domestic violence, it's essential to be forthcoming and not omit any details. Providing a complete and honest account of the incident, including the reasons for the arrest and the statements of the prosecutors and police, is not just important but crucial for the preparation of an effective defense plan.
Once we have all the facts and circumstances of your case, our experienced team will start preparing an appropriate plan to defend your case. You can trust our expertise and dedication to guide you through this challenging time.
Our California criminal defense lawyers have provided an overview below to give readers useful information about fighting domestic violence charges in Los Angeles courts.
Victim Can't Get Domestic Violence Charges Dropped
A common question deals with a spouse who decides they don't want domestic violence charges filed against their spouse. In such a situation, can the prosecutor still file charges, and could the spouse still be convicted? The answer is yes.
It's important to note that the decision to file or drop domestic violence charges does not rest with the alleged victim. By law, victims do not have the authority to make this decision.
The final call on how to handle domestic violence cases, including the decision to file or dismiss charges, is made by the Los Angeles District Attorney's Office, ensuring a fair and just legal process.
Due to the relationship between an alleged victim of domestic violence and the defendant, there is often a tendency for the victim to have conflicted feelings about their spouse facing criminal charges.
Therefore, California law does not afford a victim discretion on whether or not formal charges are filed. Once law enforcement has received a call and there have been allegations of a domestic violence crime, the district attorney makes any decision on charges, including whether charges will be filed or dismissed.
Let's review the most common defenses against domestic violence charges in Los Angeles criminal courts.
Common Domestic Violence Charges
- Penal Code 243(e)(1) – Domestic Battery
- Penal Code 273.5 – Corporal Injury to a Spouse
- Penal Code 422 – Criminal Threats
- Penal Code 273.6 – Violating a Restraining or Protective Order
- Penal Code 368 – Elder Abuse
- Penal Code 273d – Child Abuse
- Penal Code 136.1 – Witness Intimidation
Self-Defense Argument
Once Los Angeles police arrive at the scene of an alleged domestic violence incident, they have to make immediate decisions in an often chaotic situation. Some police departments in Los Angeles County require their officers to arrest after they respond to a domestic violence call.
They tend to believe that whoever made the initial 911 call was most likely female. Police officers will attempt to decide if there are visible injuries on the victim quickly and use this to make an immediate arrest.
Unfortunately for the defendant, the police didn't conduct a thorough investigation and never considered whether they might have acted in self-defense when they used physical force on their spouse.
To have a valid claim of acting in self-defense, it must have to prove there was a reasonable belief that the defendant would suffer immediate harm from being injured.
Use of Reasonable Force
It must also be proven that there was a reasonable belief that using force was necessary to prevent being injured, and there was no more force was used than was necessary.
Under California's self-defense laws (CALCRIM 3470), a person is allowed to use force to protect themselves, even in a domestic violence situation.
It should be noted that domestic violence cases often involve what is known as mutual combat, where both the victim and the defendant committed assault on each other. In other words, it's not always a clear-cut case of one spouse being the aggressor and the other acting in self-defense.
Instead, both parties may have engaged in physical altercations, making it difficult to determine the primary aggressor and whether one spouse acted in self-defense.
Our domestic violence defense lawyers might also be able to make a reasonable argument that a willful act did not cause the injuries to the alleged victim, but rather an accidental injury.
False Allegation Argument in Domestic Violence Cases
Most incidents of domestic violence are highly emotional. It's common for the spouse who calls 911 not to provide accurate details. Once police officers arrive, it's also not uncommon for a spouse to exaggerate the details or make false allegations in the heat of the moment. Many victims later regret their statements, knowing they were inaccurate.
There are cases where alleged victims of domestic violence will falsely accuse their spouse during divorce or child custody proceedings in a family law court because they believe it might be used to their advantage.
If you were falsely accused of committing domestic violence, our defense lawyers can show inconsistencies in the victim's statements or might be able to prove they are false. In some cases, it might be necessary to conduct an independent investigation to show the victim's motives to make false allegations.
Suppose we can create a reasonable doubt about the victim's accusations. In that case, there is a much better chance that the prosecutor could be persuaded to reduce or dismiss the domestic violence charges.
In some cases, we might be able to make a reasonable argument that there is not enough evidence to obtain a conviction. If we can show the prosecutor there is a lack of credible evidence, then you have a much better chance at avoiding a domestic violence conviction.
Prefiling Intervention
The process of prefiling intervention involves negotiation with the police and the prosecutor to get the case dropped. In some domestic violence cases in Los Angeles, the victims will exaggerate what happened or make false accusations. There are also cases where the victim doesn't want the case to proceed and will become uncooperative.
A thorough presentation by a criminal attorney about proving a domestic violence case and mitigating factors about the defendant's background and character might result in the case being dropped before the court. It could also result in the charge being reduced to a misdemeanor or informally handled through the City Attorney's hearing process.
Frequently, early intervention by our experienced criminal lawyers after the arrest or police report is submitted is the best strategy to avoid the formal filing of domestic violence charges.
Presenting mitigation factors to the prosecutor very early in the process will often help obtain reduced charges and a resolution to the case with no jail time.
There are also situations where the victim changes their statement about what happened. This means a prosecutor will often be willing to negotiate a favorable agreement or even dismiss the charges.
Additionally, there are domestic violence situations where the prosecutor wants to avoid dealing with a victim who changed their initial statement to law enforcement. This means they are normally open to negotiating a favorable settlement.
Contact our Domestic Violence Attorneys for Help
If you were accused of committing domestic violence, our Los Angeles domestic violence lawyers will review the details of your case and legal options. You need experienced legal representation with the most effective strategies to obtain a favorable outcome.
We have a history of success defending clients who have been charged with all types of domestic violence cases.
Cron, Israels & Stark is a criminal defense law firm with a team of highly skilled lawyers who have decades of combined experience. We are located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025.
We are also located at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. Contact us for a free case evaluation at (424) 372-3112.
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