Spousal Abuse Attorney in Los Angeles
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.
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, and 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 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 in Los Angeles County. This is a very common crime.
A lot of people get into 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 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.
Because of this, they are very careful with how they prosecute these cases. If they don't prosecute them harshly and don't do everything necessary to protect the victim's spouse, boyfriend, girlfriend, or significant other, then they will be seen as weak and wishy-washy about crime.
Their position — their tenure — will be in question as law enforcement officers, prosecutors, or judges 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 we are 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 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 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 arrested. Now, you're that other party, and you've got to deal with the case.
Deciding Course for Best Outcome
So, I have you come into the office. We review all the facts and circumstances of the case and then decide what 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 put together a mitigation package. We'll discuss everything related to the case and see what we can do to resolve it. The first step for you is to come and sit down with me and lay everything out on the table so we can discuss it honestly. Then, we'll start talking about some solutions to the problem.
You will feel much better once you have an idea of what you're up against, what you're facing, and what some solutions can be. It will give you peace of mind. It will let you control your case now, where you know exactly what you have to do and what your attorney will do. I think this is important for your mental well-being.
So, pick up the phone. Make the call. Let's sit down. Let's talk about it, and we will figure out what the best solution is for you and your particular circumstances.
If you are being charged with spousal abuse, there are several defenses we can assert on your behalf. For example, the injury you inflicted may have resulted from 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 point out all defenses that may apply to your case.
The Hedding Law Firm Attorneys have over 75 years of 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.
