Los Angeles Domestic Violence Lawyers

Posted By max soni, Uncategorized On May 23, 2020
Los Angeles Domestic Violence Sentencing

What can you expect from the justice system when it comes to sentencing in Los Angles for domestic violence charges? This is the kind of thing that we want to take a look at today. Before we do though, it is important to note the increased seriousness that law enforcement now puts on charges of domestic violence. There was a time in society when such situations were more or less considered to be private affairs to be dealt with between spouses. That is not the case anymore.

Domestic violence is a very serious matter. It can result in felony charges being leveled against a suspect even if it is their first arrest. That is something to keep in mind when considering the sentencing for this type of crime. Law enforcement very much wants to crack down on the number of cases of domestic violence to help keep the public safe and to stop using so many resources on these situations.

Prison Or Probation?

Will a person receive a prison sentence for their domestic violence charges or will they simply have to serve some probation. This is obviously a very critical question for the person who is facing these charges in the first place. The answer to the question is a little complex. It is dependent upon if the crime is being charged as a felony or a lesser charge. That largely has to do with the details of the particular case. It also matters if this is the first time a person has been charged with this kind of offense in the past. First-time offenders are often given more leeway by the courts.

What Probation Looks Like

Probation in Los Angeles may be supervised or unsupervised at the discretion of the judge in the case. It is something that will require the guilty party to follow a number of guidelines with the state in order to remain in compliance with their probation terms.

Common guidelines for probation in domestic violence cases would be to have the guilty party complete anger management courses as well as possible serve some weekends in jail as well. There may be some emotional counseling sessions and dispute resolution courses also assigned to the guilty party. The purpose of all of these things of course is to make sure that the person who goes through these can come out the other end as an individual with more tools in their toolbox to work through some of the issues with anger and emotions that they might have.

The point of probation is not just to be punitive for the sake of doing so. Rather, the courts would like to help the people that they put through these programs get their lives a little more together. They want to help protect the public from outbursts from these types of individuals in the future, and they want to keep those who have already faced their wrath and anger from ever being harmed again.

All in all, the point of probation is to help a person straighten up their life and avoid making the same mistakes a second time. It is entirely possible that an individual could learn from their mistakes and actually get to the point where they are able to make better choices going forward.

Domestic Violence Against Family Members

Domestic violence under the California Penal Code 1203.097 includes offenses against not only people with whom you have romantic entanglements, the code also covers violence against children, brother, sister and even parents. If a crime is committed against someone under these rules, they are subject to receive specific sentencing under the law. While some may view domestic violence different when it comes to some family members, the courts may not.

Common Offenses Against Family Members

Both of these offenses involve boyfriend/girlfriend, spouse and significant others:

  • Corporal injury to a spouse: Under the penal code, the following elements must be proven a. The defendant knowingly and intentionally caused harm to a current or former spouse or mother/father of a child. b. The individual received trauma from the injury. c. The injuries inflicted were not in self defense.
  • Spousal battery: With spousal battery, it must be proven that the defendant willfully attempted to harm the individual. b. The victim has a current or prior relationship with the defendant that could be deemed a co-parent, co-habitation or dating.

There are unfortunate times when elderly parents are caught in the middle of a domestic violence situation. If you are charged with hitting, striking or terrorizing an elderly person, you could be charged under California’s elder abuse law.

Physical violence against any close family member can be charged as simple battery.

Domestic Violence Cases and Sentencing

An individual who is convicted of a domestic violence charge can suffers a number of consequences:

  • Probation for up to three years, along with counseling, fines, fees and a protective order.
  • The court may opt for the person to attend parenting or battering classes if the victim is a family member
  • A Level One protective order may be issued for the individuals to have peaceful contact

Domestic violence is a serious offense that rarely goes unpunished. If you have multiple offenses, prosecutors may give you a much harsher sentence.

Why Do Prosecutors Have A Difficult Time Prosecuting Domestic Violence Crimes?

One of the biggest things regarding domestic violence crimes is that by the time rolls around for the case to be prosecuted, the parties involved have often made up and refuse to testify against their loved one. This is a very common theme.

This can be very frustrating to a prosecutor, especially when they have gone to a great deal of trouble to protect your rights. However, even in cases, when a victim has not cooperated, the prosecution will often charge the person anyway with some type of crime.

If you or a loved one has been arrested for domestic violence against another family member, you will need a professional attorney for help. There are a number of attorneys in the Los Angeles area who can take on your case. They will look over the facts and provide you with the best defense possible. Call today for a free consultation. Allow an attorney to preserve your rights.

Domestic Violence Consequences in Los Angeles

Spousal violence is an aspect of family law and constitutes a privileged area of competence within the law. The legislation also now classifies as an aggravating circumstance the violence committed against spouses, partners, and a former spouse. It additionally does not matter if the assault is perpetrated against the spouse or the children, which makes it possible to take into account stepfamilies.

In the case of domestic violence, it is important to act and not get lost in silence. The use of a lawyer is therefore strongly recommended. A lawyer can write legal documents for your account, advise you on your steps, or assist you in an amicable negotiation. In any case, if a hearing was postponed, and the violent party was not detained, it is entirely possible to ask the court that your cohabitant or spouse be placed under judicial control with the prohibition of getting in touch with you until the next hearing.

These violent phases can last a very brief time in the beginning but frequently lengthen with time. This pattern makes the victim believe that the spouse is not violent, but someone caring. That the violence has overwhelmed him/her and that this will not happen again.

If you leave without your children, this is also a risk because the judge often assigns custody to the parent who has been at home with the children. In general, you should also prefer an unfamiliar lawyer who is competent in family law rather than a lawyer who specializes in another area who you may be familiar with. It will be enough for a lawyer to prove the plausibility of the alleged acts of violence.

The law firms working against domestic violence commit every day to the victims to enable them to assert their rights to the recognition of their status and ultimately a reparation for acts of violence. By talking to a lawyer, you will find someone to listen to you. Maybe in your situation, for example, a conciliation or mediation measure, faster and less confrontational, will be more suitable.

Remember, rape and other forms of sexual assault occur when they have been imposed on the victim. This assault is illegal regardless of the nature of the relationship between the abuser and his or her victim, even if the bonds of marriage unite them. Also, there are many possible actions in cases of domestic violence. These actions may include the attribution of the marital home to the victim, the prohibition on the offender to carry a weapon or to enter into a relationship with his spouse or former spouse, the authorization for the victim to conceal the address of his domicile, or the detention in custody of the violent spouse for the most grave cases.

If you can not pay the fees of a lawyer, you should also be aware that there are many free hotlines organized by town halls and the various law societies. The free lawyer you meet with may not be able to represent you or assist you during your proceedings, but he can listen to you, advise you and guide you on the way forward, including advising you on the usefulness of initiating legal actions and whether or not to use a lawyer. Many victims appearing alone at a hearing are entirely lost even if they are helped a little by the court.

Domestic Violence Defenses in Los Angeles

Domestic violence is a serious crime that unfortunately takes places in cities and towns all across America every day. When people who live under the same roof are not able to handle their disputes like adults and use their words, they sometimes turn to violence against one another. It is sad that we have to live in a world where this is the case, but we know at this point that there are people out there who are like this and who know nothing but violence when it comes to trying to handle their affairs.

Just because a person is charged with a domestic violence charge does not necessarily mean that they are guilty of those charges. That may not be the case at all as a matter of fact. It is important that everyone gets fair representation in court so that they are able to make the case and have their rights protected at the same time. We want to look at some of the defenses against this crime today.

Self-Defense

Police are often in a tough situation when they respond to domestic violence calls. They have to try to figure out what was going on before they arrived and essentially who started it. There is a strong likelihood that neither individual is going to claim responsibility for any kind of criminal action that they may have taken, so the police have make these determinations themselves without all of the information.

In at least some cases the police may actually arrest the wrong person and simply get it wrong because they have incomplete information. They may actually arrest a person who has done nothing but used self-defense measures to protect themselves against an abuser. If that is the case, then self-defense is a perfectly reasonable defense against these types of charges.

False Accusations

Domestic violence calls are frequently chalk full of false information. One party in the situation wants to get the other party in trouble. To do so, they may make up false accusations to level at the other person just to make that person look bad. This is not a fair tactic to use, but that doesn’t stop people from doing so on a regular basis.

Sometimes the person who makes the false claims later regrets doing so, but once they have a statement like this to police it is hard to take it back. The person who has been arrested due to false claims made by another person can certainly raise this defense in court. They can show through evidence that things said about what they did were not accurate.

Lack Of Evidence

One of the most common elements in a domestic dispute in a lack of evidence. Police only arrive on the scene after the dispute has already been ongoing for some time. They are almost certain to be at a loss for having all of the information that they really need. It is actually quite common that a lack of evidence throws a wrench in a case and may prevent a guilty party from really being known. Simply put, there may just not be enough out there to say with certainty that any particular person ought to be responsible for the charges brought against them. This too is a reasonable defense to make.

Domestic Violence Offenses with Firearms Lawyers Los Angeles

Sometimes, a domestic violence offense involves a dangerous or deadly weapon. In this case, the defendant may have a charge of assault with a deadly weapon brought against them. This is a felony charge. The defendant may also be subjected to additional charges or penalties as well as receive a “strike” regarding California’s Three Strike Law.

If the deadly weapon involved in the crime is a shotgun, pistol, gun, or any other firearm, California law allows the defendant to have an assault with a firearm charge leveled against them. If the victimSometimes, a domestic violence offense involves a dangerous or deadly weapon. In this case, the defendant may have a charge of assault with a deadly weapon brought against them. This is a felony charge. The defendant may also be subjected to additional charges or penalties as well as receive a “strike” regarding California’s Three Strike Law.

If the deadly weapon involved in the crime is a shotgun, pistol, gun, or any other firearm, California law allows the defendant to have an assault with a firearm charge leveled against them. If the victim was a family member or intimate partner of the defendant, and the defendant is placed on probation rather than jailed, the defendant will be subject to the mandatory sentencing requirements outlined in California Penal Code Section 1203.097.

Does a Weapon Need to Be Fired for Criminal Charges to Be Filed?

If a loaded firearm is pointed at another individual, the defendant could be given an assault with a firearm charge. It does not matter whether the weapon was discharged during the incident. Anyone who points a loaded gun at a family member in the midst of a domestic dispute is potentially subject to very serious felony charges.

If the firearm wasn’t loaded, the defendant may still be additionally charged with brandishing a weapon. Depending on the circumstances and the judge, this charge can be either a misdemeanor or felony. It does not count as a “strike” offense.

For a firearm to qualify, it must operate through combustion or an explosion. BB guns and pellet guns don’t qualify as firearms under California’s penal code. This means that if the defendant points a BB gun or pellet gun at a family member, they cannot be charged with additional weapon-related crimes. They will still be charged with a domestic violence offense, however.

Does Assault with a Firearm Count as a Domestic Violence Offense?

Whether a crime qualifies as a domestic violence offense depends more on the relationship between the involved parties than on the offense itself. When the defendant and victim have a relationship that fits the definitions outlined by California Family Code Section 6211, the offense qualifies as a domestic violence incident.

The state of California has minimum sentencing requirements in domestic violence cases in which the perpetrator is put on probation rather than jailed. These requirements are outlined in California Penal Code Section 1203.097. The following penalties are included:

A $500 minimum fine
Adherence to a restraining order issued by the court to prevent further contact between the defendant and the victim
Completion of a year-long batterer’s class along with periodic progress updates for the court
A probation period lasting at least three years

The defendant would also be prevented from possessing firearms. If the defendant is convicted of a felony offense, the firearms prohibition will last for the rest of their life. Under federal laws regarding domestic violence and firearm offenses, the defendant will be barred from the possession of a firearm even if their conviction is a misdemeanor.

In cases involving the use of firearms, sentencing judges are much more likely to issue jail or prison time than in domestic violence cases that do not involve firearms. Even if the defendant is convicted of a domestic violence offense without the added firearm offense, they will still lose their right to own a firearm.was a family member or intimate partner of the defendant, and the defendant is placed on probation rather than jailed, the defendant will be subject to the mandatory sentencing requirements outlined in California Penal Code Section 1203.097.

Does a Weapon Need to Be Fired for Criminal Charges to Be Filed?

If a loaded firearm is pointed at another individual, the defendant could be given an assault with a firearm charge. It does not matter whether the weapon was discharged during the incident. Anyone who points a loaded gun at a family member in the midst of a domestic dispute is potentially subject to very serious felony charges.

If the firearm wasn’t loaded, the defendant may still be additionally charged with brandishing a weapon. Depending on the circumstances and the judge, this charge can be either a misdemeanor or felony. It does not count as a “strike” offense.

For a firearm to qualify, it must operate through combustion or an explosion. BB guns and pellet guns don’t qualify as firearms under California’s penal code. This means that if the defendant points a BB gun or pellet gun at a family member, they cannot be charged with additional weapon-related crimes. They will still be charged with a domestic violence offense, however.

Does Assault with a Firearm Count as a Domestic Violence Offense?

Whether a crime qualifies as a domestic violence offense depends more on the relationship between the involved parties than on the offense itself. When the defendant and victim have a relationship that fits the definitions outlined by California Family Code Section 6211, the offense qualifies as a domestic violence incident.

The state of California has minimum sentencing requirements in domestic violence cases in which the perpetrator is put on probation rather than jailed. These requirements are outlined in California Penal Code Section 1203.097. The following penalties are included:

A $500 minimum fine
Adherence to a restraining order issued by the court to prevent further contact between the defendant and the victim
Completion of a year-long batterer’s class along with periodic progress updates for the court
A probation period lasting at least three years

The defendant would also be prevented from possessing firearms. If the defendant is convicted of a felony offense, the firearms prohibition will last for the rest of their life. Under federal laws regarding domestic violence and firearm offenses, the defendant will be barred from the possession of a firearm even if their conviction is a misdemeanor.

In cases involving the use of firearms, sentencing judges are much more likely to issue jail or prison time than in domestic violence cases that do not involve firearms. Even if the defendant is convicted of a domestic violence offense without the added firearm offense, they will still lose their right to own a firearm.

Domestic Violence Penalties

As a state policy, California takes domestic violence seriously. Both the statutes on the books and the manner in which courts enforce those laws expose one accused of such a crime to severe penalties. The following is a brief overview of how DV is handled in the California legal system.

Who may be Charged
Many people are surprised to learn the scope of DV laws. Not only can a spouse be charged but any of the following relationships are considered domestic:
• Spouse or former spouse
• Roommate or former roommate
• Someone you are dating or formerly dated
• Parent of your child
• Relative such as parents, siblings, aunts, uncles, nephews, nieces and first cousins

What is Abuse
According to California Family Code Section 6203, abuse is defined as:
“For purposes of this act, “abuse” means any of the following:
(a) Intentionally or recklessly to cause or attempt to cause bodily injury.
(b) Sexual assault.
(c) To place a person in reasonable apprehension of imminent serious bodily injury to that person or another.”

Misdemeanor or Felony
DV cases are handled in California by a special prosecutor’s division that handles only these types of cases. It will be up to the assigned prosecutor to determine if your case will be pursued as a misdemeanor or felony. The primary factors in that determination are the nature of the circumstances of the alleged present crime and any history of violence or criminal behavior in the past.

Importantly, even if the alleged victim recants the accusation, as often happens in DV incidents when the emotion of the moment subsides, the prosecution may nonetheless continue to pursue the charges.

Misdemeanor DV
If there were only threats or minor injuries with no priors, there is a good chance you will be charged with a misdemeanor, but the penalties can include:
• No contact order with the victim
• 52 week domestic violence class
• 40 hours community service
• Fine, fees and restitution
• Up to 6 months in jail
• 3 years of probation

Felony DV
If serious injuries were involved or a previous DV incident, you will almost certainly be looking at a felony. A felony carries similar penalties as a misdemeanor but with jail time of 3 months to 3 years possible.

Other Potential Consequences
Depending on the specific circumstances, a conviction for DV could result in loss of custody rights, loss of gun rights and immigration consequences for non-citizens, such as deportation or non-admissibility to the United States.

Defenses to DV
If you’re charged with DV, it is important to retain experienced counsel as soon as possible. Potential defenses include the incident was an accident, the injuries reported resulted from something other than the defendant’s actions, self-defense or a false accusation. The facts of the matter will be thoroughly explored and the best possible defense will be mounted, which may include a plea to a lesser charge and/or an alternative to jail time.

One option may be a pre-trial diversion program if the defendant qualifies. If so, successful completion of the program may result in dismissal of the charges.

Setting The Stage For Trial In A Domestic Violence Case

Trials in domestic violence cases are actually somewhat common. Everyone involved wants to have their voices heard as they try to avoid being labeled a domestic abuser. In the event that these matters cannot be settled in a way that is fair to all parties, it might be necessary to take this thing all the way to trial. It is important to understand the procedure steps that occur in a domestic violence case in order to know what is going to happen next if you are ever involved in one.

Pre-Trial

There are very likely to be multiple pre-trial hearings in which the prosecution presents some of the evidence that they have in this particular matter. They might turn over things such as the 911 calls made the night of the incident and anything else relevant to the case. This is also the prime moment in which the two sides are able to strike a deal if that is something that they plan on doing in this case. Both sides will fight very hard to make that happen. The success or failure of those negotiations is often dependent upon what kind of evidence the prosecution has in the first place.

Preliminary Hearing- Defendants that are facing a felony charge will also have to go through a preliminary hearing. This is the moment in which the prosecution must present the case that they have probable cause to move forward with this situation. The defense is actually not required to present evidence during this portion (and they usually do not). It is all about the state showing that they have some reason to have this suspect continue on to the next stage in this particular matter.

Trial

Getting witnesses to come to trial in a domestic violence case is the hardest part of what a prosecutor does in these particular situations. They will want to have their victims present to be witnesses at the trial as they are likely to provide the bulk of the information about what happened in the incident as they see it. The problem is that many witnesses are not cooperative with these requests either out of fear or embarrassment.

It is possible for a prosector to put out a subpoena compelling their witness to show up. If the witness still does not show up then it is possible to have an arrest warrant issued to try to force them into court. However, most of the time a prosector does not want to have to arrest their own witness in order to get them to come to court. It is not a good look for them. In that particular scenario they are probably more likely to simply dismiss the case at that point.

Each individual case has its own unique set of twists and turns. Those charged with a crime should follow the lead and advice of their attorney about what they should do in any particular circumstance. The attorney will have worked on these types of cases in the past, so you might as well trust their judgement on these matters to determine what is best for your particular set of circumstances. If you do put your trust in them, then you will surely come out of this situation a lot better than if you had not done so.