The crime of domestic violence is often referred to as spousal abuse or spousal batter is governed by California Penal Code Section 273.5 which makes it a crime to inflict bodily injury on anyone you have a domestic relationship with such as a spouse or former spouse, someone you have lived with, a mother or father of your child, a relative such as an uncle or aunt.
In order to be convicted of spousal abuse the prosecution must prove a few factors beyond a reasonable doubt.
The prosecutor must show that you willfully and intentionally inflicted bodily injury on your spouse or former spouse through biting, punching, kicking, slapping, hitting, or pushing that caused a traumatic condition, meaning a visible injury.
A bruise, a scratch, swelling, redness, broken bones, fractured ribs all suffice as a traumatic condition.
Lawyer With Experience in Spousal Abuse Cases
If you're searching this term and you're trying to figure out what you're going to do because you're involved in some sort of a spousal abuse case in one of the Los Angeles courts, you've come to the right place. I've been handling these cases for over twenty-five years all over Los Angeles county. This is a very common crime.
A lot of people get in arguments and fights, and violence erupts and somebody is injured. The police are called out. They make an arrest. The person has to post a $50,000 bail, and now sadly they're in the criminal court system. In Los Angeles, they've got one of the biggest criminal court systems in the world.
There are a lot of domestic violence cases that have to be dealt with and in the twenty-five years that I've been practicing, domestic violence has really grown into a political crime. What I mean by this whole spousal abuse or domestic violence, which are both pretty much the same terms, is that society — the legislature, prosecutors, judges, the police — feel as though they must act in punishing people who engage in spousal abuse-type activities.
And because of this, they are being very careful with how they prosecute these cases, because if they don't prosecute them in a harsh manner and they don't do everything necessary to protect the victim spouse, boyfriend or girlfriend or victim significant other, then they themselves will be looked as weak and wishy-washy on crime.
Their position — their tenure — will be in question as a law enforcement officer, as a prosecutor of as a judge if they don't' do what is necessary to stop this defendant who has committed a spousal abuse crime.
Defense Strategy Against Spousal Abuse Charges
So that then turns to the defense to figure out how are we going to handle this. Sometimes we defend you. You go to trial and you show the jury that political crime or not, you did not do this crime, or you have a defense to the crime.
For example, somebody attacked you and you were simply defending yourself. You didn't attack anybody. The other party was drunk. The other party is volatile and has had issues in the past, and now when the police came, they embellished a story to get you in trouble.
I've seen this time and time again. I've also seen it in a divorce situation where spousal abuse charges are being claimed against somebody and they're innocent. They didn't do it, but in order to gain an advantage in the divorce, one spouse has decided that they're going to make up some allegations.
They don't have any proof of it and they're probably the ones that were the catalyst in the spousal abuse situation, but they're now going to make it up and they got lucky because the police believed them and the other party got arrest. Now, you're that other party and you've got to deal with the case.
Deciding Course for Best Outcome
So, what I have you do is, I have you come into the office. We go over all the facts and circumstances of the case and then we start making some decisions about what we're going to do. Is there going to be a trial where we try to show that you're not guilty of these charges, or is it going to be a situation where they do have some evidence that you did commit a spousal abuse or domestic violence offense in one of the Los Angeles courts and we're going to negotiate the case with the prosecutors.
In that case, we'll get a mitigation package together. We'll talk about everything related to the case and we'll see what we can do about resolving it. I think the first step for you is to come and sit down with me and lay everything out on the table so we can really discuss it in an honest manner and then we'll start talking about some solutions to the problem.
Because once you have an idea of what you're up against, what you're facing and what some solutions can be, I think you're going to feel a lot better. It will give you peace of mind. It will put you in control of your case now, where you know exactly what you have to do, what your attorney is going to do. I think this is really important for your mental well-being.
So, pick up the phone. Make the call. Lets sit down. Let's talk about it and we will figure out what the best solution is for you and your particular circumstances.
Hire a Spousal Abuse Lawyer
If you are being charged with spousal abuse there are a number of defenses we can assert on your behalf. For example, the injury you inflicted may have been the result of self-defense or it may have even been an accident. There are also many instances where the defendant is being falsely accused as a way of revenge. In any case, we will assert any and all defenses that may be applicable to your case.
The Hedding Law Firm Attorneys have over 75 years combined experience and we are confident in our ability to defend any person in a criminal courthouse. Call us for a free consultation and we can take it from there.