Dealing with a domestic violence charge is never going to be easy. If the court favors the plaintiff, which happens most of the time, it could lead to expensive penalty fees and years of imprisonment. If you want to improve your chance of winning, you need to hire a reliable and experienced Los Angeles domestic violence lawyer. Schedule your consultation today and change the trajectory where your case is going.
Domestic abuse is a touchy and complicated topic involving personal relationships. If you're dealing with domestic violence allegations, you need more than just a skillful lawyer. You need an attorney who understands your challenges and takes your best interests at heart.
Sometimes, a simple act of aggressiveness can be perceived as an attempt to commit physical abuse. If you're angry, slamming the table or raising your voice might be unavoidable. You need a compassionate domestic violence attorney who takes the time to understand your situation.
Our domestic violence attorneys at Olen Firm Criminal Defense Lawyers have over a decade of expertise handling various domestic violence cases. Our legal team understands the criminal justice system in Los Angeles, and we'll use this as leverage to succeed with your case.
Domestic violence is an umbrella term for many types of abuse cases. In general, it's any criminal charges filed against someone who's accused of harming another person in a domestic or close-living setting.
This includes, but is not limited to, married couples, cohabitants, current partners, or past lovers. If you've been accused of domestic violence, it's crucial to understand how these laws might apply to your case.
The Los Angeles County Domestic Violence Council is responsible for developing and coordinating policies and practices related to domestic violence. The council also provides training and education on the topic and has an extensive list of domestic abuse hotlines for victims.
The California Penal Code 273.5 is the primary law that defines domestic violence in the state. The law makes it a crime to willfully injure or harm another person to inflict pain or cause bodily injury.
The penalties for violating this law depend on the injury severity. If the victim suffers minor injuries, such as bruises or cuts, you could face a maximum of 1 year of jail time and a $6,000 fine.
If the victim suffers more severe injuries, such as broken bones or internal bleeding, you could face up to four years in prison and a $10,000 fine.
The Los Angeles County District Attorney's Office takes domestic violence cases seriously. If you're facing charges, hiring an experienced Los Angeles domestic violence lawyer is critical to help you navigate the criminal justice system.
California law recognizes several types of domestic abuse, from elder abuse to child abuse. You need to seek legal assistance immediately if you've been accused of the following.
If the victim wins in a domestic violence case, they may impose a domestic violence restraining order against you. This limits your freedom and might even force you to move out of your home.
Domestic battery refers to the crime of using force or violence against another person in a domestic setting. You could be charged with this crime even if you didn't cause any injuries as long as you've shown evident signs of aggression.
Domestic battery is a misdemeanor offense in California, and you could face up to one year in jail and a $2,000 fine if convicted. In some cases, the defendant could also receive a one-year probation sentence in a batterer's treatment program.
If the defendant receives a one-year probation, their penalty fine will go up from $2,000 to $5,000.
Child abuse, child neglect, and child endangerment are all serious crimes in California. Child abuse refers to physical, emotional, or sexual abuse against a minor. In Los Angeles, child abuse is a wobbler offense. The severity of the abuse will determine if it's a misdemeanor or felony.
If you're convicted of misdemeanor child abuse, you could face up to a one-year jail sentence and a $6,000 fine. If you're convicted of felony child abuse, you could face up to six years of state imprisonment and a $6,000 fine.
On the other hand, child neglect occurs when a caregiver fails to provide the necessary care for a child. This includes failing to provide food, shelter, clothing, or medical attention.
Child neglect is always charged as a misdemeanor in California and is punishable by up to a year of jail sentence and a $2,000 fine.
Child endangerment is a related offense that occurs when a person's actions put a child in danger of physical or emotional harm. Child endangerment is also a wobbler offense.
If you're convicted of misdemeanor child endangerment, the court can punish you with a one-year jail sentence and a $1,000 fine. If you're convicted of felony child endangerment, you could face up to six years in prison and a $10,000 fine.
Criminal threats refer to the crime of making a threat to another person that would cause them to feel fear for their safety or the safety of their family. The threat can be made verbally, electronically, or in writing.
Making criminal threats is a wobbler offense in California. If the court charges you with a misdemeanor, it could lead to a maximum one-year jail sentence and a $1,000 fine. If the court convicts you of a felony, it's punishable by up to four years in prison and a $10,000 fine.
Aggravated trespass is the criminal act of entering someone else's property with the intent to harm or threaten them. This includes entering their home, workplace, or car. Depending on the nature of the trespass, the crime can be a misdemeanor or a felony.
If punished as a misdemeanor, the defendant could face up to a year of jail sentence and a $1,000 fine. If punished as a felony, the defendant could incur a three-year imprisonment sentence and a $10,000 fine.
Traditionally, domestic violence only refers to physical abuse or threats made in real life. Now, as the world shifts online, a new type of domestic violence can occur over the internet.
This is known as online violence or cyberstalking, which refers to using the internet, or other electronic communications to harass or threaten another person.
Online violence is a serious crime in California, and you could be charged with a misdemeanor or felony depending on the facts of your cyberstalking case.
A misdemeanor penalty includes up to a one-year jail sentence and a $1,000 fine, and a felony charge could lead to a maximum of five years imprisonment and a $10,000 fine.
Harassing someone online is not the only form of stalking. According to California law, stalking is defined as repeatedly following or harassing another person with the intent to place them in fear for their safety.
Stalking is a wobbler offense. The court will decide the severity of your penalty, depending on the nature of your offense and criminal history.
If you received a misdemeanor conviction, you could face up to a one-year jail sentence, a $1,000 fine, and summary probation. However, if you're convicted of felony stalking, the penalties are much more severe and include up to five years in prison, a $1,000 fine, and formal probation.
Maliciously disconnecting a telephone or utility line is also considered domestic violence in California. This includes cutting or destroying someone else's telephone line, computer network, or internet service. According to California criminal law, this is a wobbler offense.
As a misdemeanor, you could face up to a one-year jail sentence. However, if the court convicts you of a felony, it's punishable by up to three years of state imprisonment.
A domestic violence conviction may seem like the end of the world, but there are legal defenses that can help you get your life back on track. In the following sections, we laid out some of the most used legal defenses used by many domestic violence attorneys in the past to help their clients.
However, it's worth noting that these defenses will only work in specific situations. You'll need to discuss your case with a Los Angeles domestic violence lawyer to see if any of these defenses may apply to you.
One of the first things the prosecution and the court will look at in every criminal defense case is the presence of intention. Intention refers to the willful desire to commit a criminal act.
If you can prove that you didn't have the intention to harm or threaten another person, then your charges may be reduced or even dismissed.
For example, if you were playing around with your partner and accidentally hit them, you likely didn't intend to hurt them. As a result, your domestic violence charges may not stick.
The evidence weighs heavily in any criminal defense case. The prosecution will need to provide strong evidence that you committed the crime you're being accused of.
Your charges may be reduced or even dropped if they can't manifest feasible evidence to support the victim's claims.
For example, suppose the only evidence against you is the victim's words, and there are no other witnesses or physical evidence. In that case, your domestic violence case may not be strong enough to convict you.
Self-defense or protection of others is probably one of the most commonly used legal defense strategies in domestic violence cases.
This argument can only be used if you reasonably believed that you or someone else was about to suffer imminent bodily harm and that the only way to overturn the event was to use force.
For example, if your partner was about to hit you and push them out of the way to avoid their attack, you may be able to use defending yourself as a legal defense.
Using self-defense as a legal argument may not always work, however. The prosecution may argue that you used more force than necessary to defend yourself.
If you want to use self-defense as a legal argument in your domestic violence case, you'll need the help of an experienced domestic violence lawyer.
Contrary to popular belief, misidentification is common in criminal defense cases. According to the Innocence Project, 252 out of the 367 criminal cases they examined involved defendant misidentification. This number shows that nearly 70% of all wrongful convictions are due to misidentification.
In domestic violence cases, the victim may identify the wrong person as their attacker. This usually happens when the victim is under duress or if they only saw their attacker for a brief moment.
If you've been wrongly accused of domestic violence, you'll need to provide an alibi or other physical evidence that can prove your innocence.
Domestic violence is an intricate and sensitive legal matter. Dealing with these cases by yourself is not a wise choice, as the consequences of a conviction are severe.
The first step in building a strong defense is to seek experienced legal counsel. Our legal team at the Olen Firm Criminal Defense Lawyers has successfully represented many clients accused of domestic violence.
With over a decade of domestic violence experience, you can rest assured that we know what needs to be done to get you the best possible outcome in your case. Negotiating your terms with the court is so much easier with an experienced and astute Los Angeles domestic violence lawyer by your side.
Schedule your free initial consultation today at (213) 999-8380. You can also send your consultation request with your case details using our online contact form.
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213-999-8380. Our experienced Criminal Defense Law Firm is available for a Free Confidential Consultation.