If you’ve been charged with domestic violence in Los Angeles or Southern California, you should immediately call a Los Angeles Domestic Violence Lawyer at The H Law Group. The attorneys at The H Law Group have extensive experience defending those who are charged with crimes in Los Angeles, as well as Southern California. In California, if an officer merely suspects that domestic violence has occurred between two persons in a relationship, it’s mandatory for them to take the person who committed domestic violence into custody under California Penal Code Section 273.5. So, if you or a loved one has been charged with domestic violence, you should promptly contact a Domestic Violence Lawyer Los Angeles at the H Law Group, we have handled countless domestic violence cases.
Domestic violence cases are emotionally charged, and trying to figure out the truth of who was at fault is often difficult. Depending on who the police believe to be the offender, someone is going to be taken to jail. Even having a minor argument that results in touching, no matter how slight can land you in jail. After watching a show of cops, many believe that a beating has to occur in order for a person to be sent to jail for domestic violence, but the truth is that it takes much less than that to end up in jail. That said, we often encounter cases where the alleged victim lies to the police in order to send her significant other to jail, and we encounter other instances where the police exaggerate what they observed happened or what they were told happened.
If you find yourself in the unfortunate situation of being charged with domestic violence, you should immediately call the experienced Los Angeles Domestic Violence attorneys to guide you through the legal process. Your attorney will ask you to give him the facts as you observed them, and your domestic violence attorney will proceed to defend your case based on the available facts. Although it may help your case if the alleged domestic violence victim drops the charges, many times the prosecution insists on proceeding with the case without the victim testifying against you. This all depends on the evidence that’s available to the prosecution.
Domestic violence charges can be brought as either a misdemeanor or as a felony, this is because domestic violence is known as a wobbler. Typically, if the alleged victim of domestic violence has cuts, bruises, or broken bones, the prosecution brings felony charges against the individual. However, if the injuries are minor, typically the prosecution brings misdemeanor charges against an individual. If the victim of domestic violence suffers great bodily harm, the crime is not only charged as a felony, but the felony also counts as a strike. under California’s Three Strikes Law. What does a strike mean for you? It means that if you’re charged with additional crimes, the prosecution will use the previous conviction to add enhancements to your punishment. So, it is very important for you to hire an experienced domestic violence attorney to fight for your rights. The attorneys at The H Law Group have extensive experience defending those who’ve been charged with domestic violence, so schedule and consultation and get the best defense possible. That said, when determining whether to file domestic violence charges as a misdemeanor vs felony, the prosecution looks at the past criminal history of the individual. This factor is given a lot of weight in the prosecutor’s decision. Repetitive convictions of domestic violence will almost guarantee that subsequent domestic violence cases are filed as felonies.
Domestic violence is defined as abuse that’s committed against the abuser’s intimate partner. A person commits abuse when he intentionally or recklessly uses force or threatens the use of force against his intimate partner. So, to convict an individual of domestic violence, the prosecution need only show that you threatened to abuse your intimate partner, this is a low threshold. An intimate partner is defined as your spouse, domestic partner, romantic partner, a person you have a child with, or someone you’re dating.
If you’re convicted of domestic violence within the State of California, you will be subject to the following punishment:
Here are the most common grounds for domestic violence in the State of California:
Whether the prosecution charges you with a misdemeanor or felony domestic violence depends on the seriousness of the injuries you’ve caused, if any, your criminal record, and the circumstances that lead to the domestic violence occurring.
If you’ve been charged with domestic violence, your attorney may use the following defenses to get your case dismissed or negotiate a favorable plea deal with the prosecution.
If you or a loved one has been charged with or is being investigated for a crime, you should immediately hire an attorney to assist you. Don’t rely on a public defender because they’re overworked and overloaded with cases. They barely have time for their clients. Hire an attorney from H Law Group as they’ll treat you with respect and will give you the attention that you deserve. Our LA-based attorneys are experienced and will provide you with the best representation possible by thoroughly going over the details of your case and creating the best possible strategy for it.