Those people who are charged with domestic violence are trying to figure out what to do and take control back of their lives and understand what it takes for the prosecutors to convict them of a domestic violence case, starting with the definition that makes sense.
It is some illegal physical act done to another party that causes an injury. Usually, in LA County, if there's no injury, the prosecutors will not mess around with the case.
Technically, if you slap somebody across the face and the police are called and come out, and they can prove you slapped the person in the face, that's a domestic violence battery. But I have seen several cases where they don't file that case because there's no injury.
On the flip side, if the police come out and they see an injury, whether it be a cut, a bruise, a gash, a red mark, a scratch, the list goes on, they can determine that somebody did that to another person, they're going to arrest the person.
Visible Injuries
They're going to give it to the prosecutors. So, when discussing a definition, you're looking at that injury. Many times, people will call me and say there was no injury, and I say, did the police take pictures? They said yeah, the police took a lot of pictures.
Then the question becomes, what were they taking pictures of? They're either taking care of pictures of injuries you don't realize are there, or maybe they're taking pictures to determine that there were no injuries.
So, when it comes to domestic violence, we have to look at what the injury is and what the level of the injury is. Because the worse the injury, the more likely a felony could be charged and the more likely the person could go to jail.
Understanding the potential consequences of a domestic violence charge is crucial to realizing the seriousness of the situation. The need for immediate legal advice cannot be overstated. The more seriously the prosecutors take the case, the more unbending they will be in resolving it.
So, when defining a domestic violence battery, you also have to consider whether or not the person being accused was arrested and has to go to court for an arraignment and whether that person has any defenses. Understanding the legal process and potential outcomes is crucial in preparing for your case.
Self-Defense and Mutual Combat
If somebody attacks you and you're defending yourself, and the person gets hurt during your defense, you may well have a strong argument for self-defense. This potential for a successful defense can provide reassurance in a difficult situation, and a glimmer of hope for a positive outcome.
Another thing I've seen in these domestic violence cases in Los Angeles is a situation that I would characterize as mutual combat, where both people are fighting each other, and one person loses the fight.
Maybe a neighbor or both parties call the police. The police came out and now had to figure out what to do. Then, they will determine who the aggressor was in the fight.
They're going to see who has the injuries in the fight. If they can determine someone is the aggressor and one person has more injuries than the other, the sergeant or the watch commander, whoever is in charge, will have to make a judgment call on who they will arrest.
Sometimes, when they can't figure it out, both parties are hurt and uncooperative; they'll just arrest both of them and believe it or not, that's a good thing for the defense.
Challenging the Evidence
When a potential trial comes, if you fast-forward to the end, getting one party to testify against another party will be challenging because they would be concerned that anything they say could be used against them in their trial. So, they may plead the 5th, which creates a massive problem for the prosecutors.
Long story short, if you need the best if you or a loved one has been charged with domestic violence, you've come to the right place. I started working for the district attorney's office in East Los Angeles. Then a superior court judge in Burbank, and finally, in the early 1990s, I became a criminal defense attorney and have handled thousands of domestic violence cases in the last 30+ years.
My extensive experience and successful track record in handling domestic violence cases make me the best choice for your legal representation. If you need the best, you're not alone. Pick up the phone now and ask for a meeting with Ron Hedding. With expert help, you can navigate the legal process and work towards a positive outcome, feeling reassured and supported every step of the way.
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