Let's review how the police determine who is the aggressor in a domestic violence case in Los Angeles. People who have been arrested for domestic violence by the police and have been cited to appear in court or had to post bail and given a court date after that are looking for answers.
You've definitely come to the right place here. Who the aggressor is sometimes can be the issue in a domestic violence case because a lot of times the police get called out either by one of the parties or some witness, and they get there, and there's been a fight between two parties, and both parties were physical.
Both parties were violent. Both parties might even have injuries. Now, the police are trying to figure out who we are supposed to arrest in this scenario.
That's where the issue of who the aggressor is comes up. Whoever the aggressor is, who starts the fight, and who is more physically active is likely to be the one who is arrested.
The prosecutors are going to determine whether or not they're going to charge that person with a domestic violence crime. In determining the aggressor, there are many different tools that the prosecutors have to rely on in these cases.
Physical Injuries
One big tool is injuries. They'll look to see the extent of the injuries, take photographs of the injured parties, separate the two parties, and get stories from both of them.
That's another way they can determine who the aggressor is in the case, whether or not somebody was defending themselves because they were being attacked by someone else.
Sometimes, there's a video of the incident. One of the most essential things the police and/or prosecutors can have is an eyewitness who saw what happened. That person could say who the aggressor is.
But I'll tell you right now, having done this for over 30 years, I see all the time that the police have trouble figuring out who the aggressor is. They have to call out their watch commander, sergeant, or whoever's in charge at the time and have that person figure out who the aggressor is. Then, what they'll do once they figure that out, whether wrong or right, is arrest that person.
Injuries to Both Parties
Another thing that could happen is that they can't tell who the aggressor is. Both parties were physical. Both parties are injured. So, they arrest both parties and let the prosecutors figure it out.
One thing that people need to get is the police can't charge anybody with a crime. So, even if they determine that you or your loved one is the aggressor, they arrest them. They give them a court date.
The prosecutors, who are lawyers like me on the other side, are legally trained. They prosecute these cases for the People of the State of California. So, they decide whether or not a case will be filed.
Pretrial Intervention
So, often, through pretrial intervention, we can reach the prosecutors, tell them our side of the story, and prevent a filing.
Then, you're not getting your case dismissed. What ends up happening in Los Angeles County is that you never get the case filed in the first place. So, you've got an arrest but don't have a filing. The prosecutors can reject the case, and obviously, that's a good result.
They can also hold a City Attorney hearing to determine whether to file charges against the arrested person. This can sometimes be a good thing because, once again, it gives you and your attorney a chance to give your side of the story and hopefully prevent a criminal filing.
So, if you're trying to figure out who the aggressor is in your case, it's determined on a case-by-case basis. Unfortunately, it's resolved very quickly sometimes because the police are coming out there, and it's defined without all of the information because unless there's a video of what happened, it's tough for the police sometimes to sort things out and figure out who is the aggressor in the case.
It's an essential concept because if two people get into a physical fight. You want to charge one of them with a crime because there were injuries. If one person was the aggressor and if one person precipitated or caused or ignited the physical confrontation, then that person is probably the aggressor, and legally speaking, if you're the aggressor, you can be charged with a domestic violence type crime in Los Angeles.
Experienced Domestic Violence Defense Lawyer
Hopefully, this has been helpful to you. If you're looking to hire a criminal defense attorney, you've come to the right place. I put this information out there so people can educate themselves and determine the best attorney.
I've been doing this for over 30 years. I started out working for the district attorney's office, then became a superior court judge, and finally, in the early 1990s, I became a physical defense attorney. I've handled thousands of cases like yours - figuring out who the aggressor is and how to get the best result for my client.
If you need the best, pick up the phone and ask for a meeting with Ron Hedding. The Hedding Law Firm is based in Los Angeles, CA.
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