Learn Your Best Defense Strategy in Domestic Violence Cases in Los Angeles
Over the past 25 years, I have defended hundreds of domestic violence cases. The most common charges are domestic battery under Penal Code 243(e)(1). In almost every case, the other party has a change of heart regarding wanting their significant other prosecuted.
The prosecutors are keen on this and really do not care about dismissing the charges. In fact, they expect the other party to try to help their significant other and have strategies to counter this approach.
The domestic violence attorney is responsible for meticulously reviewing the case, identifying its weaknesses, and preparing a strong defense. The attorney's role is to demonstrate to the prosecution that their case is weak and that a trial would likely result in their loss.
When I prepare cases, I do so with the thoroughness and dedication required for a successful defense. This approach not only prepares us for trial if necessary but also demonstrates to the prosecutors that we are ready to challenge their cases effectively.
Without this strategy, the question becomes why they should bend on how they handle their case.
We must show them that the other party had a motive to embellish and even lie because of facts that were not brought up when the police arrived at the arrest location. Further, many times, the other party's story does not match the evidence in the case.
For example, I see people claiming they were punched in the face multiple times by a much bigger person, and their injuries do not show it.
This is the first sign that they did not tell the truth and that their credibility is so questionable that they can not believe anything they said at the time of arrest.
There are so many different motives for people to lie in human affairs that we must review our defense piece by piece and set up our strategy for success.
What is Domestic Violence?
Understanding the nature of domestic violence is crucial in navigating legal proceedings. Let's delve into what constitutes domestic violence.
Domestic Violence is the mental, physical, and verbal abuse of a spouse, child, family member, cohabitant, or loved one. It may involve kicking, hitting, punching, pushing, name-calling, and intimidation.
Domestic violence is considered to be a very aggressive crime in nature. It is one of many violent crimes that often go unreported, as well as the more underestimated crimes of intimidation, stalking, and criminal threats.
Due to this, it is essential to work with an experienced defense attorney who can protect your rights if you are accused of domestic violence.
When law enforcement responds to a domestic violence call, they must assess the situation. If they feel that someone has committed a crime of violence, then they must make an arrest – whether or not the alleged victim wants to press charges.
In addition, when someone is arrested for domestic violence, a restraining order or criminal protective order is almost always issued.
This type of order of protection will have special instructions by a judge ordering the abuser to stay away from the victim and their place of residence, employment, and school. It also states that you must avoid the victim's other family members, friends, or cohabitants.
Therefore, if children are involved, you will no longer be able to see them until the courts determine otherwise. Authorities are also to assess the situation to determine if there is any child abuse or child endangerment taking place.
In a domestic violence case, even when the victim refuses to press charges against you, the district attorney's office can still prosecute you, and the penalties can be severe.
If convicted of domestic violence in California, the penalties can be severe. You could face a sentence of up to 1 year in a county jail or four years in a state prison, and you may lose your gun rights. Additionally, you may be ordered to pay a substantial fine, restitution to the victim, and attend community service and anger management classes.
You may also be ordered to pay a fine of $6,000 or more, restitution to the victim, and attend community service and anger management classes.
In addition, if this is your third felony offense or more under California's three strikes law, you may also face a lifetime sentence behind bars.
Our criminal defense attorneys have defended many domestic violence cases throughout Los Angeles and the surrounding areas. They understand the law and how it can affect your freedom.
Domestic Violence Laws in California
- California Penal Code 273.5 PC – Corporal Injury to a Spouse – makes it punishable to strike an intimate partner in some violent way, causing a visible injury.
- California Penal Code Section 243(e)(1) – Domestic Battery – makes it a misdemeanor to inflict force or violence on an intimate partner. This specific penal code does not require a visible injury.
- California Penal Code Section 273d – Child Abuse – makes it illegal to inflict corporal punishment or injury on a child if it is cruel or inhuman.
- California Penal Code Section 273a – Child Endangerment – makes it illegal to willfully allow a child who is in your care or custody to suffer harm or have their health endangered.
- California Penal Code Section 368 – Elder Abuse – makes it a crime to inflict physical or emotional abuse, neglect, or endangerment on a person 65 years of age or older.
- California Evidence Code 1109 – Allows admission of evidence of a person's character, including using prior misconduct to show a defendant's propensity to commit the currently charged offense.
Most domestic violence cases arise from same-sex domestic violence and spousal abuse, and our spousal abuse defense lawyers have handled these types of cases. Our California criminal defense lawyers understand that innocent people are often accused, and we are here to prevent that and fight for our clients.
How to Avoid a Felony in a Domestic Violence Case?
Many people don't realize that the charges from a domestic violence incident can be filed as felonies or misdemeanors. In addition, depending on what happened, multiple charges can be filed.
What determines whether it's a felony or a misdemeanor is an essential question. I believe you must get a criminal defense attorney with experience dealing with domestic violence cases. Hence, you have the best chance of not receiving a felony on your record.
When we talk about a felony for domestic violence, we're talking about a scenario where somebody gets seriously hurt typically – broken bones, some internal injury.
Another way they can get a felony is if the person has prior convictions for domestic violence and is committing a new domestic violence case again. But, again, this could jack the case up to a felony. I've seen felonies charged because the battery occurs when the woman, for example, is pregnant. That could jack the case up to a felony.
Motion to Reduce to a Misdemeanor
So, it's crucial for your defense that you make sure you have an attorney who can do the following:
- who knows what scenarios amount to a felony in domestic violence and
- knows how to attack the prosecutor's case to knock the case down to a misdemeanor, especially if you're guilty of something but shouldn't be charged with a felony case.
One strategy that I've utilized if you're charged with a felony domestic violence case is that we will set the case for a preliminary hearing. We will do the prelim and damage the prosecutor's case. Show the judge that it's not felony conduct. Show the judge the following:
- your criminal record,
- your career,
- get character letters, and
- do a Penal Code 17(b) PC motion to reduce the felony to a misdemeanor.
The prosecutors can do nothing about that except argue against it. Still, the judge has the authority under the right circumstances to reduce a felony domestic violence charge to a misdemeanor. So, ultimately, if you complete the probation on that, we can get the case dismissed.
Arrest and Investigation Process in a Domestic Violence Case
Regarding the arrest and initial stages of a domestic violence case, you must have an attorney from the beginning. We get involved with the case, we sit down with you, and we talk about exactly what you're up against and the following:
- We will discuss what you're facing,
- What the other party is going to claim that you did,
- We will decide exactly how we're going to handle the case,
- What type of information you're going to get about the case;
- Whether you're going to talk to the other party about the case,
- Whether you're going to be with the other party while the investigation phase is pending and
- What you might expect moving forward.
That way, you begin to take control of your domestic violence case to get the best possible outcome.
Independent Investigation
Sometimes, we might even investigate the domestic violence case before it's filed, such as the following:
- get witness statements,
- get photographs of certain things that are important in the case,
- preserve video evidence – it just depends on your case.
Don't be fooled into thinking the same thing is done in every domestic violence case. It depends on the case. However, some things do make sense to do.
That's why we get you in immediately. We sit down and go over everything. In that way, not only do you make the right moves for yourself, but you have your attorney making the right moves for you, and you put yourself in the best position from the beginning.
Retain a Domestic Violence Defense Lawyer
So, many things can be done in domestic violence cases, but the first step is to hire the right attorney. Then, we will sit down and go over your whole case. Then, finally, we get your side of the story.
If I don't have the paperwork and discovery on the case yet, it's best to give me all the details so I can see exactly where we will be attacking it and what the police and prosecutors will say you did wrong.
Once I have that information, we'll discuss your defense and see if the case is defensible – if you can argue self-defense or some other defense – and get the case dismissed.
If you're involved in a domestic violence case and want to do it once if you have to, do it right and never again. That's my job. Let my 30 years of experience work for you right from the beginning in the investigative stage when you've been arrested, whatever the case may be.
I will direct you, guide you, and make the most that will get you out of the criminal justice system as fast as possible. So I put out my shingle and started defending domestic violence cases right from the beginning – at the investigative stage, at the arrest stage – that helps guide the case in the right direction so you can get the best result.
Meeting with Prosecutor
If not, if we have to mitigate it and try to work out a deal, I will put together a mitigation package, get character letters, and set up a meeting with the head prosecutor. They can reduce the case to a misdemeanor, try to keep you out of jail and do everything necessary to get the best result.
So, if you're talking about felony versus misdemeanor in a domestic violence case, sit down with me. Let's talk about it. I'll let you know what I think once I hear the details.
Many people get arrested for domestic violence and have to post a $50,000.00 bail, and they think they've been charged with a felony, but they haven't because the police can't charge people; only prosecutors can charge people.
So, having an attorney who can go to the prosecutor, fight for you, and try to get the misdemeanor makes all the sense in the world. So, pick up the phone now and ask for a meeting with Ron Hedding. I stand ready to help you.
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