Learn Your Best Defense Strategy in Domestic Violence Cases in Los Angeles
Over the course of the past 25 years I have defended literally hundreds of domestic violence cases. The most common charges are domestic battery under Penal Code 243(e)(1). In just about every case the other party has a change of heart regarding wanting their significant other prosecuted. The prosecutors are keen to this and really do not care as far as dismissing the charges. In fact, they expect the other party to try and help their significant other and have strategies to counter this approach.
It is up to the domestic violence attorney to be ready to show them that their case is weak and if they do go to trial, they will lose. And, when I prepare cases, I prepare them with the idea of going to trial if necessary. This approach gives us the best chance to show the prosecutors that their case has problems and we are prepared to exploit the problems if necessary. Without this strategy the question becomes why should they bend on how they handle their case.
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- Domestic Violence And Gun Rights In California
We must show them that the other party had a motive to embellish and even lie because of facts that were not brought up at the time the police came out to the location of the arrest. Further, many times the other parties story does not match up with the evidence that is available 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 be believed in anything they said at the time of arrest. There are so many different motives for people to lie when it comes to human affairs that we must sit down and go over your defense piece by piece and set up our strategy for success.
What is Domestic Violence?
Domestic Violence is the mental, physical and/or 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 and 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 important 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, and 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 his or her place of residence, employment and school. It will also state that you must stay away from any other family members, friends or cohabitants of the victim.
Therefore, in the case that there are children involved, you will no longer be able to see them until determined otherwise by the courts. 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 you will be facing a sentence of up to 1 year in a county jail or 4 years in a state prison – and a loss of your gun rights.
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 be looking at a lifetime sentence behind bars. Our criminal defense attorneys have defended many domestic violence cases throughout Los Angeles and the surrounding areas and have a complete understanding of the law and how it can affect your freedom.
Domestic Violence Laws in California
- California Penal Code Section 273.5 – Corporal Injury to a Spouse – makes 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 was 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 his or her 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 the use of 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/or spousal abuse and our spousal abuse defense lawyers have handled these types of cases. Our California criminal defense lawyers understand that often the innocent people get accused and we are here to prevent that and fight for our clients.
Superior Criminal Defense Attorneys
As experienced Los Angeles domestic violence lawyers, we offer outstanding legal resources, advice and representation for individuals accused of domestic violence in California. We will conduct an investigation into the charges against you and look to unravel them completely. As experienced domestic violence lawyers our team at the Hedding Law Firm will challenge the evidence against you, conduct our own interviews and look for holes in the prosecution’s case. In some instances, we may be able to have the charges against you lowered or dismissed altogether.
If you have been accused of or arrested for domestic violence, Call a domestic abuse lawyer at our law firm to discuss your case in further detail. An experienced attorneys, we can provide professional guidance and advice for your case. Check out our Domestic Violence FAQ page to answer any more questions or concerns.
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