Domestic Violence Attorney Robert LA
When the police merely think that some domestic violence has occurred in a relationship, they are now mandated to take the person into custody. If you or a loved on has been arrested or charged with a domestic violence crime pursuant to Penal Code Section 273.5 PC, then please contact Los Angeles domestic violence attorney.
Domestic Violence Laws in LA
The laws concerning domestic violence have changed significantly, and you must be able to protect your rights through the use of a Los Angeles domestic violence attorney.
Domestic situations are never simple, and oftentimes there are real questions of fact. The police do not have the resources at the time of the incident to figure out who is right or wrong, and almost always someone is going to be hauled off to jail.
Charged with Domestic Violence
Minor arguments and a slight physical touching are enough for the police and the prosecutor to charge you with a crime. Politicians have been pressured into believing that all incidents of domestic violence are brutal beatings and will result in a murder.
That is not the truth. In most cases, tempers flare or alcohol is involved, and even without police intervention things would have worked themselves out. Sometimes, people lie to the police to get a significant other in trouble. And sometimes the police over exaggerate in their reports what was said or happened.
Many of the cases I saw involved mutual combat. When the police arrive on the scene, someone is going to jail. There are valid justifications or excuses for many of the actions that occur in a domestic situation. An experienced domestic violence attorney in Los Angeles will be able to listen to the facts that you present and will be able to assist you in making sure that your rights and interests are protected.
Often, things happen in the heat of passion that at the time, look to be dangerous. But, upon closer evaluation, the two people truly love each other and wish to put this event behind them. The problem is that once the charges are filed, the victim may not dismiss the charges, and the case will often proceed even if the victim does not want to prosecute.
The past history of the participants will significantly impact the prosecutor’s decision on whether to file a felony or a misdemeanor. If you are convicted of a felony domestic violence charge, the court may impose significant jail time. In addition, restitution, fines and a counseling class will be ordered. In some cases, the court may issue a restraining order, which prohibits you from having any contact with the victim. Contact also includes indirect contact by friends or others who call the victim on your behalf.
An experienced Los Angeles domestic violence lawyer, who has significant prior experience as a senior District Attorney, can significantly increase the odds of a favorable resolution in these types of charges. In a more serious incident, an attorney may be able to provide facts to the police and prosecutor that may result in the charges being lowered from a felony to a misdemeanor.
For less serious incidents that are charged as misdemeanors, a Los Angeles domestic violence attorney can work at keeping you out of jail or having the charges reduced to a simple misdemeanor, an infraction of disturbing the peace, or having the charges dismissed altogether.
As a felony the punishment is 2, 3, or 4 years in state prison. A misdemeanor is punishable by up to 1 year in county jail. The prosecutor must prove that you willfully inflicted a traumatic injury on another person who is either the spouse, living in partner, parent of your child, or a former partner that in which you once lived. The injury need only be slight.
In order to be punishable as a felony, there must be a prior conviction of this same section. The punishment is 16 months, 2, or 3 years in prison. If there has not been a previous conviction then the case is a misdemeanor, and the sentence is up to 1 year in custody with a minimum amount that is required to be served if there was some physical injury to the victim.
The prosecutor must prove that you knowingly and intentionally violated a valid court order issued by a court in California and that you were served with the order. This crime often occurs in custody disputes when one person goes over to pick up the children and the other person calls the police, or when there is a protective order by the court but the person restrained comes into contact with the other person.
As a misdemeanor, this crime is punishable by up to 1 year in jail. The prosecutor must prove that you used force or violence upon a person with whom you had a relationship. This is often known as a fist flight or bar flight. Merely pushing another person away from you can result in this charge being filed against you.