Answers from a Los Angeles Domestic Violence Defense Attorney
Domestic Violence Laws in Los Angeles
In California, domestic violence charges can be either felony or misdemeanor; it is up to the prosecutor. The prosecutor looks at the factors like the extent of the injuries to the alleged victim when deciding the charging level. If there are serious injuries (known as “great bodily injury”), then the prosecutor can charge the accused with a serious felony or “strike.”
The past history of the participants will significantly impact the prosecutor’s decision on whether to file a felony or a misdemeanor. If you are convicted of a felony domestic violence charge, the court may impose significant jail time. In addition, restitution, fines and a counseling class will be ordered. In some cases, the court may issue a restraining order, which prohibits you from having any contact with the victim. Contact also includes indirect contact by friends or others who call the victim on your behalf.
What if the "victim" doesn't want to press charges?
The most common question that Los Angeles domestic violence defense attorneys receive is: “what if the victim doesn’t want to press charges?” Unfortunately, once an arrest has been made, the DA’s office can prosecute, even against the victim’s wishes.
You need to be prepared even before the first hearing to fight these charges and get the best possible result.
Often, the police arrest first and ask questions later. But sometimes all it takes to get the police to drop a case is for us to present our client’s side of the story.
Defenses to Domestic Violence Charges
There are a number of ways to defend against a domestic violence charge, including:
False Accusation
Many times, "victims" of domestic violence have fabricated their claims. In these situations, you need a skilled criminal defense attorney to demonstrate that the victim is lying. If you've been falsely confused of domestic violence, we can help. Call us now at (213) 377-6102.
Accident
Another common defense to domestic violence charges is that you injured the other person accidentally. Call us now at (213) 377-6102 to talk about the best defenses to use in your case.
Self-Defense/Defense of Another
One of the most common defenses to a domestic violence charge is self-defense. To prove that you acted in self-defense, your Los Angeles domestic violence defense attorney needs to prove two things. First, that the alleged victim attacked or threatened to attack you first. Second, you used reasonable force to prevent him or her from hurting you. Call us now at (213) 377-6102 to discuss using self-defense/defense of another to win your domestic violence case.
Injury Not Caused by You
Sometimes, if the police show up and see an old injury, they jump to the conclusion that you caused it. Experienced Los Angeles domestic violence defense attorneys will present proof that you did not cause the injury.
If you or a loved one are facing domestic violence charges, we can help. Call us at (213) 377-6102 for a free case evaluation with a Los Angeles domestic violence defense attorney.
