Los Angeles Domestic Violence Lawyer
Domestic violence (PC 273.5) is a serious crime. This criminal activity is done by a spouse, romantic partner, or a cohabitant. If you face domestic violence charges, you will need to testify before the court to plead your innocence. Otherwise, you will suffer heavy penalties for this criminal act.
The law severely punishes domestic violence. You are at risk of facing three years imprisonment if found guilty. Not to mention the hefty fines you need to pay. Depending on the case, you might also receive other severe punishments.
If you are wrongfully accused of this crime, it’s best to call a Los Angeles domestic violence lawyer right away. A Los Angeles criminal defense attorney will assist you with your case legalities without any hassle. Our law firm’s Los Angeles domestic violence attorney has eighteen years of successful and proven experience. We helped many clients before and we can help you now!
Legal Defenses Against Domestic Violence Charges in Los Angeles
If proven guilty, you will face severe consequences for domestic violence charges. This is why hiring a Los Angeles domestic violence defense lawyer as soon as possible to review your case is a must. Building a solid defense strategy is what you need.
Our Los Angeles domestic violence law office assisted countless defendants in the past. A critical factor in an efficient case resolution is an in-depth case evaluation. Our Los Angeles domestic violence defense attorney will take a careful look at your case and assess what you can use as a defense.
A prominent and most common defense for most domestic violence cases is false domestic violence allegations. False accusations can happen when your spouse is trying to set you up to exact their revenge. A thorough investigation will uncover a false accusation and have your charges dropped in no time.
In the heat of the situation, you might have accidentally pushed your partner. Accidents like this can happen, and it doesn’t necessarily mean that you are guilty of domestic violence. To be considered as domestic violence, an intent to harm should be present. In cases of accidents, this intent is absent.
You might have even unintentionally harmed your partner out of self-defense. Though this is a tricky situation, a good Los Angeles domestic violence attorney can help you establish your side of the story. Like accidents, the intent to harm is usually absent in this case.
Domestic Violence Laws in California
The California law defines domestic violence as violence inflicted by a person with whom they share a close relationship. Domestic violence charges are complicated cases that may involve a lot of legalities. Because of this, a domestic violence convict may incur other criminal charges.
Physical attacks are not the only definition of domestic violence. Emotional, financial, and even taking sexual advantages can be considered as domestic violence. Domestic violence charges may be made based on the severity of the circumstances. It can be a misdemeanor or a felony.
Domestic violence lawyers are knowledgeable of local statutes and regulations involved in this crime. Seeking professional help is not only beneficial but also mandatory. Our experienced domestic violence attorney can help you understand your case. We can assist you in exploring available legal options.
Domestic Violence Crime Conviction Punishments in Los Angeles
As established above, a domestic violence case can be a felony or a misdemeanor. The severity of the punishment will rely on what type of offense is awarded to the defendant. Building a solid case can help you prevent severe penalties or even altogether avoid them.
In general, a domestic violence crime is punishable by up to four years in Los Angeles county jail or California state prison. Domestic violence convicts can also be punished by up to $6,000 fines. Hiring an experienced Los Angeles domestic violence attorney to handle your case is beneficial.
A felony domestic violence is also included under California’s three-strike law. According to this law, you will need to serve life-long imprisonment if you committed three felony charges under the three-strike rule.
Our Los Angeles Domestic Violence Lawyer Handles All Types of Domestic Violence Charges
The burden of proving your innocence falls upon you and your lawyer. This is why hiring a criminal defense lawyer with successful experience in criminal case representation is essential. Your Los Angeles criminal defense lawyer should also have a profound understanding of the existing criminal law.
Our expert criminal defense attorney handles various criminal defense cases, from domestic abuse to gun defense. Our domestic violence lawyer has experience handling domestic violence cases. Our law firm’s criminal defense lawyer is dedicated to helping wrongfully accused victims.
Battery (Penal Code 242-243(e)(1))
Under California Penal Code 242 and 243, a person can be convicted for battery if they made unwanted attempts to touch the alleged victim. A battery charge is often associated with assault charges. However, these two criminal charges are essentially different.
A battery offense is considered a misdemeanor. The penalties for this crime include a six-month prison sentence. Violators are also required to pay a large number of fine charges. A simple push can get you indicted for battery charges.
Stalking (Penal Code 646.9)
The California Penal Code 646.9 establishes stalking as a form of domestic abuse. The law defines stalking as intentionally and maliciously following another person to incite fear. The law states that a threat against the victim’s safety or family members should be made to be categorized as stalking.
Stalking is a wobbler offense. This means that it can be considered a felony or a misdemeanor offense. As a misdemeanor, the guilty individual will face up to one year in county jail and receive summary probation. As a felony, the defendant will be punished with up to five years in state prison and formal probation.
Aggravated Trespass (Penal Code 601)
Penal Code 601 of the California Law makes it illegal to cross property boundaries, especially with an intent to cause harm. California law considers it an aggravated trespass if the defendant threatened to harm a victim and proceeded to enter their property without the owner’s consent.
Aggravated trespass is considered a wobbler offense. This means that this domestic abuse crime can be charged as a misdemeanor or felony. Misdemeanor aggravated trespass convictions are punishable by up to one year in county jail. On the other hand, a felony offense is punishable by up to three years in county jail.
California Elder Abuse Laws (Penal Code 368)
Penal Code 368 of the California Law makes it a grave crime to abuse an elder. In California, it is considered elder abuse if the defendant inflicts injury to an elder aged 65 years old and up. Under this law, committing fraud or deceiving an elder to falsify a document is also considered elder abuse.
Elder abuse can be categorized as either a felony or a misdemeanor. The district attorney will have to assess an elder abuse case beforehand carefully. Misdemeanor elder abuse cases are punished by up to one-year imprisonment in county jail. A felony elder abuse offense is punished by up to four years imprisonment.
Violating a Restraining or Protective Order (Penal Code 273.6)
California Penal code 273.6 makes it a crime for defendants not to honor the terms stated in the restraining order. This statute says that any intentional violation of the temporary restraining order is considered a criminal act. This could include text messaging or phone calling the victim.
A first-offense violation is counted as a misdemeanor offense. First-offense violators are punished with up to one year of imprisonment in jail. However, a second-offense violation or violation with force is a felony offense. As a felony offense, violators may face up to three years of prison sentence.
Criminal Threats (Penal Code 422)
Penal Code 422 or California state law identifies any death threats or injury threats as forms of criminal threats. The defendant can be found guilty even if he shows no intention of committing the crime as long as the threat is communicated.
Criminal threats are wobbler offenses in California. A judge may give the violator misdemeanor or felony charges depending on the presented facts of the case.
Misdemeanor criminal threats, under California Law, are punishable by up to a one-year jail sentence. A felony criminal threat is punished by up to four years imprisonment.
Your prison can increase up to one year if a deadly weapon is present during the event. Criminal threats are considered under California’s three-strike law. This means that a victim must serve 85% of their sentence in jail or prison.
Making an Annoying Phone Call (Penal Code 653m(a)
California state law Penal Code 653m(a) makes it a crime to do phone calls that cause emotional abuse. The law also covers email and other electronic forms of messaging where a criminal can reach the victim. The law requires victims to show proof of obscene and offensive messages or voicemails from the abuser.
Doing annoying and inappropriate phone calls is a misdemeanor offense in California Law. Violators may face a jail time of up to six months and a $1,000 fine charge. This is a tricky case, so calling a professional criminal defense attorney can help you defend your rights in these allegations.
Dissuading or Intimidating a Witness (Penal Code 136.1)
Penal Code 136.1 of the California State Law makes it a criminal offense to dissuade or discourage a witness from speaking the truth. This law is also in effect when a defendant is preventing the witness from coordinating with law enforcement. An individual preventing witnesses from testifying before the court is a violator of this law.
Dissuading or intimidating witnesses is a wobbler offense under California Law. When the person in question is found guilty of a misdemeanor offense, they will have to serve one year of jail time in Los Angeles county jail. When they are found guilty of a felony offense, the sentence increases for up to four years in state prison.
Damaging Phone, Electrical, or Utility Lines (Penal Code 591)
California State Law Penal Code 591 states that cutting or destroying any electrical lines, phone cables, and cable lines are illegal and punishable by the law. A typical example of this violation in domestic violence is when a victim’s spouse destroys the victim’s phone out of rage.
Damaging or destroying electronic lines is a wobbler offense in California. Misdemeanor electronic lines destruction is punishable by up to one year in Los Angeles county jail. If you are convicted of a felony offense, you may be punished by up to three years in state prison.
Simple Assault (Penal Code 240-241(a))
Penal Code 240 and 241(a) of the California statute defines the legalities of a simple assault. By definition, California Law identifies simple assault as an attempt to cause violence, i.e., physical abuse, to another person. Assault and battery are commonly interchanged, but they have their own statutes under California Law.
Defendants who are charged with misdemeanor assault may face six months sentence in Los Angeles county jail. A $1,000 penalty fines usually accompany misdemeanor charges.
A felony assault is tied with another domestic offense or assault-related offense such as battery charges. This is why felony assault punishment varies from case to case. But one thing is for sure. The indicted individual will suffer grave consequences.
Why Choose Los Angeles Criminal Defense
Domestic violence is a grave offense with severe punishments. Hiring the top Los Angeles criminal defense attorney is your only option if you are involved in a domestic criminal offense. Building a solid defense strategy is your best defense to have your charges dropped.
Seppi Esfandi is a renowned criminal defense lawyer in Los Angeles. Through his expertise in criminal law, he was able to help a lot of clients. His eighteen years of experience in criminal defense has made him an effective client defense lawyer.
Our expert criminal defense attorney will conduct a comprehensive case investigation. He will carefully analyze your case and establish a solid defense applicable to your situation. Our Los Angeles criminal defense law firm is dedicated to providing only the best service to our clients.
Our lawyer provides practical legal advice that helped many former clients avoid heavy penalties or drop their charges altogether. Because of our lawyer’s expert representation, we were able to generate numerous satisfied clients.
Finding a Domestic Violence Lawyer Near Me | Contact a Los Angeles Domestic Violence Attorney for a Free Consultation
If you or someone you know faces a domestic violence charge in Los Angeles, California, then waste no time and call us now! Our criminal defense law firm has helped a lot of clients in the same situation as you have right now. Our Los Angeles domestic violence attorney is proficient with the entire criminal justice system.
Call our Los Angeles personal injury law firm at 888‑885‑8844 for a free consultation. You can also fill up our online contact form to include further case details. We will make sure to get back to you so we can start working on your case as soon as possible.
Domestic violence is a grave criminal offense that will stick with your name forever. Suppose you want the assistance of a knowledgeable lawyer with eighteen years of solid experience to provide an efficient resolution to your criminal charges without spending a lot of money. In that case, you should call us now. Waste no time and act fast.