Being arrested for domestic violence is one of the most terrifying experiences a person can have. Domestic violence charges can create many problems and even destroy your family. You must contact a domestic violence attorney in Los Angeles as soon as possible to win your case. Call our office to talk to a domestic violence attorney Los Angeles at any time. If you were arrested for domestic violence, you will have to deal with the following:
- Police will take you to jail (sometimes directly from your home). LAPD and LASD will almost always classify any domestic violence arrest as a felony.
- Your record (rap) will be affected because of that felony arrest. Upon arrest, the police will notify the California Department of Justice who will create a permanent record of arrest and prosecution (commonly known as RAP).
- You will most likely have to post bail – the usual bail in a domestic violence case is $50,000.00. To post bail, you can give the court the entire amount or pay a premium to a bail bondsman – however, the premium is not refundable. However, with an attorney, your bail premium can be significantly reduced (from 10% to 8 or even to 7%).
- You will have to deal with the right to see your kids. A domestic violence arrest will trigger the Department of Children and Family Services investigation to see if your kids are neglected. DCSF can interview your kids without you knowing it by going to your kids’ school and talking to your children at the principal’s office. The Department of Children Services will consider domestic violence in your home as a danger for your kids and can take action, such as forcing you into therapy, forcing families to separate, or even taking the children away from both parents.
- If you have guns at home, the police can confiscate your guns or force to you sell it. If you are convicted – you will lose your gun rights (possibly for life because any felony conviction carries automatic lifetime revocation of gun rights). Even a misdemeanor conviction for domestic violence (or even simple battery) will trigger 10 years California bar and a lifetime federal bar for gun ownership.
- You might not be allowed to go home or even talk to your wife or husband. With an arrest, the police will issue a protective order good for a couple of days; however, if the case is filed in Court, the prosecutor will ask for a stay-away order at the arraignment. Usually, the court will issue and serve the protective order to you right in court. For this reason, the first court appearance by defendants is mandatory – specifically so that the court can serve you with a protective order. The court does not care where you will live – their only concern is the safety of your wife (or husband) and they will force you out of your own home without giving it a second thought.
- You even might have to do jail time – common in domestic violence cases. But even outside of jail, the court will order you to pay fines and do community service.
To avoid all of the above – you must fight your case. Hire our firm to defend you in domestic violence Los Angeles prosecution.
Domestic violence cases are mostly charged as Penal Code section 273.5 or Penal Code section 243(e)(1). If an injury is severe, the DA will add a GBI allegation (Penal Code 12022.7) – which makes your case a violent strike and make you ineligible for half-time in jail. Penal Codes 2933.1 and 665.7 require that persons convicted of violent strike offenses serve 85% of their time. Your case can be serious and you need the help of Los Angeles criminal defense attorney to win your domestic violence case.
There has been an increase in domestic violence cases. This is not surprising: because people stay home a lot more – there is a higher chance of a domestic conflict – and a domestic violence arrest. One study shows a significant increase in mental health problems
“Compared to the 2018 NHIS sample, U.S. adults in April 2020 were eight times more likely to fit criteria for serious mental illness (27.7% vs. 3.4%) and three times more likely to fit criteria for moderate or serious mental illness (70.4% vs. 22.0%).”
Mental health is an important factor in a domestic violence relationship. Another study shows that calls for domestic violence incidents are not up 30%.
THE BAIL: If the police come, they can arrest you! In Los Angeles, most domestic violence arrests are felonies with a bail of $50,000 per statute. The bail premiums with an attorney are 7 to 8%, which is lower than what you would pay without an attorney. The current Supreme Court directive to set bail at $0 for most cases does not apply to domestic violence. If you recently bailed out on a domestic violence case – call us – we will help you get some of your bail premium back.
THE CHARGES: Penal Code section 273.5 is a wobbler. Wobbler is a kind of case that can be charged as a felony or misdemeanor. By far, most domestic violence cases in Los Angeles are misdemeanors. A misdemeanor is a lot better than a felony because you can not go to prison or be on felony probation. Yet, all misdemeanor Penal Code 273.5 cases are deportable if you are not a US citizen. So, you have to fight any domestic violence case to avoid deportation.
Penal Code 243(e)(1) is not domestic violence. It is considered to be a battery – which usually means that there were no visible injuries reported. This is a much better charge than domestic violence. Often, a person who is not a US citizen will be very happy to plea to Penal Code 243(e)(1) instead of Penal Code 273.5(a). Of course, this is not true if you are innocent – in a situation like this you might have to fight your case to win. Los Angeles Criminal Defense Attorney is here to help you win your case.
The consequences of Domestic Violence Convictions are the most severe. First, even before the case has started, you can be ordered to leave your house! Second, you will be ordered not to talk to your kids or wife/husband. Third, if convicted, you will be ordered to enroll in Domestic Violence classes and do everything Penal Code section 1203.097 requires. Because Penal Code section 1203.097 applies to all crimes in which victims are involved in a domestic relationship, under People v. Cates (2009) 170 Cal.App.4th 545, 550, a conviction that is not domestic violence but where the victim is a domestic violence type of victim, will result in the PC 1203.097 requirement applied to you. That means at least 3 years of probation etc. Thus, as long as the facts underlying the offense (even if you plea to disturb the peace (aka Penal Code 415)) involve a victim defined in Family Code section 6211, you will be required to do classes, pay domestic violence fine, etc. This position is supported by the 2022 Appellate Court decision in People v. Earl Maurice Rodriguez.
WINNING YOUR DOMESTIC VIOLENCE CASE
- Make sure you do not help the police prosecute you. Talking to the police (trying to explain ie. getting your side of a story) rarely works. The best advice for a situation involving domestic violence accusations is not to talk at all. Not talking to the police does not mean “I will tell them that nothing happened”. Not to talk means: “I can’t talk to you officer about this at all”. This is an important point that many people do not understand. They think if they can tell the officer that it was a misunderstanding – the police will just close their case. Not true! Police is likely not to believe a word you say! Call us directly right now to get immediate help in fighting your domestic violence case. You will need the help of a domestic violence defense attorney to win.
- You must have heard about your right not to talk to the police or the court under the US Constitution (the so-called 5th amendment right not to incriminate yourself). You might not have heard of your wife’s (husband’s) right as a victim not to testify in court under California Law. California Code of Civil procedure 1219 says, “…a court shall not imprison or otherwise confine or place in custody the victim of a sexual assault or domestic violence crime for contempt if the contempt consists of refusing to testify concerning that sexual assault or domestic violence crime.”. This means that even if the police force your wife to come to court – they cannot force her to testify against you. Because most cases are based on live testimony of witnesses – not having a witness can result in a case being dismissed. If the victim refuses to testify – the DA might have no choice but to dismiss your domestic violence case. Keep in mind that telling someone not to go to court or the police is a serious crime and a violation of Penal Code 136 – dissuading a witness. It is best if you call a domestic violence defense attorney to help you win a domestic violence case.
- Sometimes winning is getting a good deal. If you are faced with a misdemeanor that can get you deported – getting a misdemeanor that will not get you deported is winning a domestic violence case. If you are faced with a prison sentence – getting probation is winning a domestic violence case. For misdemeanor prosecution – (Penal Code section 273.5 or 243(e)(1)) – the DA will often offer probation with some jail, some community service, domestic violence classes, and fines. Los Angeles Criminal Defense Attorney can get your case dismissed – as he did for his other clients.
CONTACT LOS ANGELES CRIMINAL DEFENSE ATTORNEY
To defend against a domestic violence case in Los Angeles, please call Los Angeles Criminal Defense Attorney directly at (323) 464-6424. Remember not to talk to the police – it is really true that everything you say can and most likely will be used against you in court. Denying also will not help because it might affect your credibility. The best thing is to avoid talking altogether.
(818) 921 7744 Call anytime to get a free consultation with Los Angeles Criminal Defense and DUI Attorney.