Absolute Truth About Domestic Violence Cases In Los Angeles
I've been doing these domestic violence or spousal abuse cases for over twenty-five years. I've seen it from the prosecutor's standpoint when I worked for the DA's office in the early 1990's.
I've also seen it from a Judge's standpoint when I worked for a Superior Court Judge many years ago. Of course, I've been a criminal defense attorney defending people charged with both misdemeanor and felony domestic violence cases across Los Angeles County.
Most times, the first actual point here is that people will be charged with a misdemeanor. They think they might be charged with a felony because they've been arrested and had to post a $50,000 bond. But what a lot of people don't
realize that's standard in any case.
The police are arresting somebody because they're trying to defuse a situation and they're trying to make sure there are no more problems and that the violence between the two individuals doesn't escalate to a point where somehow the police are held responsible because they didn't take action and do something about it.
So, for political reasons and policy reasons, if the police get called out to somebody's home, apartment, or house, and there's domestic violence there, that's not just limited to husband and wife.
It could also be wife and wife, husband and husband, boyfriend and girlfriend. Even families – I've represented fathers who have lost it on their kids and punished them to a way-too-high level. Once the police come out and they see that someone's been injured — that's one of the keys — you need an injury. If there's no injury, now they will start scratching their heads.
But, if somebody's threatening to kill somebody or there's a weapon involved and there's no injury, then they're still going to arrest the person. So, they're going to come and out and see who did what, and if they determine there's been domestic violence here, someone's going to get arrested.
Prosecutors Make Decisions on Felony Charges
They're going to take them away. Some of the truth points I've seen is that if it's a $50,000 bond, they believe they have the evidence to prosecute the person. They will give it to the prosecutors and let them decide on exactly which charges are filed, whether it's a felony or a misdemeanor, etc.
On the other hand, if it's a $20,000 bond, to me, those are kind of 50/50 cases. That means that the police aren't too impressed with what's happened. They felt like they just had to do their job and arrest somebody—maybe there were no injuries in the case. That one's a gray area that may or may not be filed.
Then, if the police let the person go and give them a citation, that's usually one that won't be filed. But I rarely ever see that because why waste their time providing a citation unless something might be filed? These guys prefer to do something other than paperwork.
So, to me, if you're going to get arrested and they're going to put a $50,000 bail, those are usually the cases that they believe they've got the evidence to prosecute the person.
It is a he said/she said thing, so a lot of the truth about domestic violence cases or spousal abuse cases in Los Angeles has to do with it being a he said/she said situation, or he said/he said or she said/she said, depending on who is involved.
Proving Domestic Violence Charges
For them to prosecute it and prove the domestic violence case, they're going to need some evidence in addition to what their alleged victim is saying. They don't just take people's word for it. Evidence can come in different forms. Police always come with their camera.
They're going to take pictures of any injuries, and if they've got evidence that somebody caused those injuries, that starts to get them in a position to prosecute the domestic violence case. Evidence can be in the form of physical injuries, witness statements, or even the state of the home after the incident.
So, if you have one party saying one thing and one party saying another, and there are no witnesses in the case, there will need to be evidence.
Circumstantial evidence is okay: They see the house broken up, injuries on one party, and somebody crying, upset, and disheveled. Then, something happened there, and now the question becomes: Can they prove that somebody did it and be able to prosecute them for it?
So, if you're charged with a domestic violence case and you're thinking to yourself, my significant other might be able to help me in this. I think they're willing to say they don't want me prosecuted — it's probably too late because it's not them against you; it's the People of the State of California against you.
Believe it or not, in most domestic violence cases, the alleged victim changes their mind and doesn't want the person prosecuted, so the prosecutors have already decided they don't care about that.
They're still going to prosecute the person. The alleged victim's wishes are taken into account, but ultimately, it's the prosecutor's decision whether to proceed with the case. They believe it's in their interest to do justice and to protect the other party whether they want the protection or not.
Criminal Lawyer to Negotiate for Lesser Charges
So, now the next big question becomes, if I don't want this domestic violence conviction on my record, what am I going to do? Well, hire a great attorney. Either give the attorney the authority to negotiate something less than domestic violence, or you better have a defense that you can prevail on.
When considering your defense strategy, it's crucial to discuss your options with your attorney. You need a defense that, if presented in court, could lead the jury to find you not guilty. If there are injuries, it's important to have a clear explanation for their presence. Did the other party attack you, and you had to defend yourself? Did they injure themselves? These are the questions that need to be addressed in your defense.
If an independent witness in the case says that you did certain unlawful things, we have a problem. Those independent witnesses are tough to crack, and the question becomes, what motive do they have to lie? So, we really have to look at the totality of the circumstances surrounding your case, and then we can make an informed decision on what we can do.
As far as the truth and the reality related to punishments for domestic violence, there's a whole array of things that can be given as punishment. One standard thing is the 52-week course. That's once a week for 52 weeks, and you must go to a class that teaches you how to control your temper. If your kids are involved, they'll make you do a parenting course.
There are all kinds of different parenting courses. They can also help you take an anger management course. These are all things to try to educate people on what to do when they lose their temper and do not resort to violence. Other things can be done, and these classes are designed to assist with that.
You're usually also going to be put on three years of probation. If it's a felony probation, you have to report to the probation department, and they'll keep a tight eye on you. If it's a misdemeanor probation, which it usually is, you can't get in trouble or violate your probation.
The probation will have specific terms and conditions, such as not abusing the other party. Sometimes, there will be a complete 100-yard stay away depending on what resolution your attorney worked out for you. There's a whole different array of things.
Jail time can also be involved. If the prosecutors think you're a bad person who can't control yourself, they'll try to give you a wake-up call and put you in jail for as long as they can. Most people hate jail for many reasons.
One, because it's scary and dangerous. Two, because if they are taken away from their job for any period, they could lose everything, and they usually support the family involved with the case. A lot of times, the alleged victim doesn't work.
Consult with Expert Defending Domestic Violence Cases
So, there are all sorts of things going on with these domestic violence cases, and as you can probably get a feel for as I give you the reality about what's going on with these cases, you're going to need somebody who is an expert in this field—somebody who has done the cases in the court where your case is pending, who knows the prosecutors there, who knows the judges there, and who knows what it's going to take to get you the right result.
One of the biggest things you need to do is figure out with your attorney what the correct result is for you. Yes, everybody wants a dismissal. I understand, but sometimes you can't get a dismissal because you went too far, and they have the evidence to prove that you did something illegal.
So, in that case, we have to do damage control. We have to figure out what we can do to get you the best possible result for your case and ensure the things most important to you are protected.
