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When Will Domestic Violence Be Filed as a Felony?

Posted by Ronald D. Hedding | Aug 02, 2024

For those who have been arrested in Los Angeles County, booked for a domestic violence case, and had to post a $50,000.00 bail, the uncertainty can be overwhelming. However, understanding the legal process can bring a sense of relief and help you take control back of your life.

I can tell you right now that I've been doing this for over 30 years, and several circumstances would cause a domestic violence case to be filed as a felony. The first thing the prosecutors look at is the injury.

The worse the injury, the more likely the case will be filed as a felony. The type of injuries that I see that cause felony filings are lacerations that require stitches and broken bones—serious injuries. If it's just scratches or some red mark, that typically will be filed as a misdemeanor case.

On the other hand, if the person has prior convictions for domestic violence, that person may be more likely to have a felony filed against them. However, it's important to remember that it is at the discretion of the prosecutors, and often, attorneys can fight to get the case reduced to a misdemeanor or even dismissed if the prosecutors do not have the evidence to prove it. This possibility can bring hope and optimism in a challenging situation.

District Attorney vs City Attorney

The district attorney's office in Los Angeles usually prosecutes felony cases, while the city attorney's office typically files misdemeanor cases. Of course, there are exceptions to this rule, but that is the general rule in LA County.

If you or a loved one has been arrested and had to post bail on the case and has a court date pending, it's crucial to get an attorney right away. This early action can empower you and ensure that at the first court appearance, you're prepared for any protective orders that may be put in place.

This order can severely restrict your movements and interactions, and violating it can lead to further legal consequences. For instance, the police may order the person who was arrested to stay 100 yards away from the alleged victim. This can create a significant problem, especially if you live together, have children, are connected as husband and wife, or have lived together for a long time.

Review of Case Details

Therefore, it's crucial to contact an attorney immediately. The first step is to reach out to a reputable attorney like myself and schedule a meeting. During this meeting, we'll review everything, including your case details, rights, and potential legal strategies. I will put together a mitigation package and also prepare a defense if there is no evidence that you are the aggressor or you have committed a crime related to domestic violence.

So, if you need the best, you're charged and have been booked for domestic violence, and you're concerned about a felony conviction, pick up the phone now. Ask for a meeting with Ron Hedding. Let me put my 30+ years of experience to work for you.

Learn when a domestic violence case in Los Angeles will be filed as a felony with victim injuries such as lacerations, severe bruising, and broken bones.

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About the Author

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Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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