Defending Domestic Violence Cases in All Los Angeles County Courts
Over the last twenty-five years, I've handled hundreds of domestic violence cases in the LA county courts. In general, prosecutors need to have their victim available to testify to prove the case against the defendant. However, there are several exceptions where prosecutors can proceed with a criminal case without the alleged victim testifying against the defendant.
One example is, there's a case called Crawford, which, in general, permits the prosecutors to use evidence of Domestic Violence in the victim's statement without actually having the victim testify.
A case I recently did in the Valencia courthouse – the prosecutors had a 9-1-1 tape where the alleged victim had called, made a statement with 9-1-1, then hung up and the prosecutors could not get the alleged victim to court, so they instead requested that the judge permit them to use the 9-1-1 tape along with other evidence that they had in order to attempt to prove the case.
The judge permitted this procedure, and the 9-1-1 tape came in. It was actually pretty powerful evidence in the case because it had the alleged victim spelling out what she claimed happened at the time. Obviously, if the jury believed what she said, then they would have convicted my client because it had all the elements of the crime.
After that, they had the detective come in to say how she looked, what her demeanor was, and how the house looked—in other words, to set up things circumstantially to go along with the 9-1-1 statement in order to prove the case against my client.
This was robust evidence when the prosecution was done with their case. There were some inconsistencies with her story that were presented via the 9-1-1 tape, and we ended up calling my client, obviously, as a witness so he could give his version of events.
Then, we ended up locating the alleged victim. We called her as a witness because now after she had time to reflect on what happened, she had changed some serious parts of her case. Ultimately, the jury found my client not guilty, and the case was dismissed, and my client could move on with his life.
Victim Testimony in Domestic Violence Cases
So, this is a common thing where the alleged victim doesn't want to testify because they either have change of heart. At the time they were angry, and they embellished their story, so now they want to make it right. There's all sorts of different reasons that an alleged victim wouldn't want to testify in a case.
I often push cases to trial, and if the alleged victim doesn't show up – especially if there are problems with the case – the prosecutors will dismiss the case, and my client can move on with his life.
So, usually, it's helpful to the defense's case if the alleged victim does not show up. Still, a lot of times – if it's a serious enough case – I've seen in felony cases with real bad injuries, multiple domestic violence or spousal abuse charges in the LA courts against a particular defendant, and now he has a new case – the prosecutors are going to pull out all stops when they feel like they have a very violent and dangerous person.
They will send the police out to get the alleged victim and serve a subpoena on them if they don't show up.
They'll have the judge issue a body attachment. They'll go and arrest the person, and they'll make them testify, and when they try to say something different than what they said, they'll challenge them and say, wait a minute, you said something different at the time. Why would you change your story now?
Then, they're going to bring the police in, and the police will come in and testify to what the person said at the time of the incident and at the time of the arrest to challenge the now-recanting alleged victim. These can be effective. Jurors will look at it and say, yeah, this sounds like the person just changed their story to help the other person.
So, this whole issue of people not wanting to testify is nothing new to criminal defense. It's nothing new to domestic violence cases. However, it's up to an experienced domestic violence attorney to know how to handle this situation to the benefit of their client to get the best possible result.
Whether it be by way of dismissal or maybe a lesser charge – all sorts of different angles can be utilized when you have a situation where the alleged victim does not want to testify and does not want to help the prosecutors try to convict a criminal defendant – obviously because they love the person; they've got family with them.
Maybe that person is their source of income. There are all sorts of different reasons people don't want to testify. I've seen it's because they were made at the time they gave their original statement – they had some beef with the person – they were drinking alcohol – there are all sorts of different reasons, and now they realize, Oh My God, I've got this person in trouble.
They're now looking at jail time – I need to make things right here, so the bottom line is this – if you're charged with a domestic violence or spousal abuse case in Los Angeles County, you need to get in with a seasoned domestic violence attorney and let them help strategize what's best for you.
Factors for Successful Defense of Domestic Violence Charges
Spousal abuse or domestic violence-related cases are one of the most commonly charged crimes in Los Angeles. As we know, people get into arguments all the time, and when they turn violent, the police are called out and faced with dealing with the problem.
To further complicate matters, law enforcement has seen a political backlash that has put pressure on them to do something significant when they go out to the scene of a domestic violence incident. That something significant is to arrest someone, put them in jail, and make them post a 50,000 dollar bail to get out!
Now, in LA, the police's marching orders from the top officials are to arrest who they deem the “aggressor” in the argument. This can be a little tricky for them to figure out. Tempers are usually high, people are upset, and not all the truth typically comes out of their mouths.
This leaves the police to make decisions when dealing with a not-so-easy situation. Suffice it to say, they do not always make the right decisions, and this is where your criminal defense attorney is necessary to turn the tide and get your version of events out to the powers that be. They usually break the tie by looking to see who has the worst injury and then arresting the other person. Of course, this only sometimes achieves the correct result.
Victim Can't Drop the Charges
Over the past 25 years, as a domestic violence attorney in Los Angeles, I have been defending these cases, and let me tell you, I have seen it all. I cannot tell you how often I have had to explain that just because your significant other wants to take back everything they said in the heat of the moment does not mean the prosecutors will dismiss the case.
If that were the reality, they would probably dismiss 80% of the cases they filed. The case will have to be resolved in another way. How the domestic violence case is dealt with in Los Angeles County depends on the posture of the case and the strength of the prosecution's evidence.
If there are no injuries to the alleged victim, their story does not make sense, and they are not willing to cooperate with the prosecutors, then this will be a tough road for the government to get a conviction under these circumstances. However, not all cases are like this, and many different nuances present themselves.
In some cases, a great bodily injury allegation may be involved. This is where the best Los Angeles domestic violence attorney is invaluable in determining what to do and how to defend the case correctly.
When I meet with clients, I like to get all of the facts out on the table. This includes the good, the bad, and the ugly of what happened. Putting a spin on things could do us better. I need the details of what happened, and I need them from the police's perspective to assess if we can effectively counter them.
Just telling me your side of the story leaves important pieces of the puzzle out of the equation, making it difficult to craft a solution. Once we have everything related to the incident, we can figure out what needs to be done to achieve the best result in the case.
Should it go to trial? Is this a case that should be negotiated? To answer these questions, we must have an honest conversation. Then, I can use my years of experience as a domestic violence attorney in Los Angeles and my background of having tried many jury trials to assist in figuring out the right moves to make.
California Penal Code Section 273.5
In order to be charged and convicted of a domestic violence case, the prosecutors must prove that you inflicted a physical corporal injury on the person of your spouse described in California Penal Code Section 273.5. Of course, this has to be done unlawfully.
This is where the rub comes in because there are many circumstances where a spouse is injured during an argument. The other spouse is trying to defend themselves during the attack of the spouse, who is now the alleged victim in a domestic violence prosecution. If someone attacks you, you can use reasonable force to defend yourself.
The question becomes, what is reasonable under the totality of the circumstances in your case, and how do you prove your version of events when your spouse tells a crazy story while wrapped up in the emotions of the situation and faced with the police grilling them?
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.
California has laws that allow any victim who suffers financial damages to collect restitution through the criminal court process instead of filing a civil lawsuit.
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. As Attorney Seppi Esfandi says, “Prosecutors take domestic violence cases very seriously.”
How to Get the Best Result in a City Attorney Hearing?
I'm noticing more and more in today's society that people are getting arrested for domestic violence cases. They have to post a $50,000.00 bail and get a court date.
I've often gotten them City Attorney hearings even before the court date comes up. If we can get that hearing, there's a strong possibility that the prosecutors won't file the case, called a “DA reject.”
When there are weak cases that deserve to be weeded out for which the police arrest somebody, the usual way that the prosecutors deal with it is to have the City Attorney hearing.
They're trying to show the person what could happen to them if they continue to have issues with their significant other, warn them, and maybe even educate them.
Sometimes, I've seen them make them do domestic violence courses, go to counseling, whatever the case may be that makes sense under the circumstances of what they are looking at.
Prevent Filing of Domestic Violence Charges
So, getting an attorney, handling the case properly, coming in with the right mindset, and taking it seriously, especially when it comes to a City Attorney hearing, can make all the difference in the world and prevent a filing against you.
That's really what we're aiming to do when it comes to these domestic violence cases. We don't want you to go to court if we can avoid it.
Now, if you struck the other person in some way and caused a significant injury, I would say there's a very low possibility that you'll get a City Attorney hearing and a non-file unless, somehow, you can mount a self-defense argument.
But usually, they're not doing a City Attorney hearing if there's a bad injury. So you're going to have to deal with the case in court.
Planning a Defense Strategy
If, on the other hand, there's not much of an injury, you have no criminal record, and the facts and circumstances surrounding the case are murky, that is a situation ripe for getting a City Attorney hearing. We can prepare the best domestic violence defenses to give you the chance of a favorable outcome.
I'll have you come in. We'll go over the whole case. We'll get our strategy together. Then, I will call the prosecutors. I usually send them a letter to convince them not to file the case and maybe even to have a City Attorney hearing.
Suppose we're successful, and they send you a letter saying they will hold a City Attorney hearing. In that case, I will prepare you for the hearing, and we will either show up in person or do it over the phone.
So, if you or a loved one is facing criminal charges in a domestic violence case and you either want to get a City Attorney hearing or you have a hearing coming up, and you don't want the prosecutors to file the case against you, pick up the phone now and ask for a meeting with Ron Hedding. Let me put my 30 years of experience to work for you to get you the best result.
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