California Domestic Violence Lawyer
If you or a loved one’s freedom is at risk due to a domestic battery investigation or domestic violence charge in Los Angeles or Orange County, you must be very careful. The life-long negative effects of a domestic violence conviction can be disastrous.
It is key to get a skilled domestic violence attorney or domestic battery lawyer on your side asap. All cases can potentially be won no matter how they appear at first.
Our award-winning domestic violence attorneys will fight to get the best possible outcome, reduce charges and keep you out of jail. We can help you immediately.
Proven Former Prosecutor Fighting For You
We have an excellent record handling 1,000’s of domestic violence and criminal cases. Our lawyers know how police, judges and prosecutors operate and how they build 273.5 pc domestic violence cases in Los Angeles and Orange County. This inside knowledge helps us identify the flaws to use in your defense.
Domestic violence accusations can be very embarrassing and stressful. False accusations are common from angry spouses looking to manipulate facts for revenge or agenda. Those accused often feel judged guilty before the facts are even heard.
We understand the pressure you are dealing with and are 100% focused on protecting you and your record. We do not judge, we are only here to help.
Experience You Can Trust
Often it is not the facts of the case that result in a great outcome, but understanding the system, relationships and a skillful presentation of your case to the judge or prosecutor. Our attorneys not only know the system, they are at home in it.
You can go to court with confidence knowing our domestic violence lawyer will fight skillfully to defend your rights and achieve the best resolution possible.
We offer affordable fees and flexible payment plans.
Domestic violence resources
California domestic violence and battery laws
Even minor touching can result in criminal charges
Our Los Angeles Domestic Violence Attorney understands that being convicted of a domestic violence offense in Orange County or Los Angeles can be disastrous for your career, work prospects, immigration status and even custody of your children.
Any physical contact during a tense moment can be enough for Police and District Attorneys to charge you with a domestic battery crime. Even if no harm is inflicted and very little force is involved.
After O.J. Simpson and other high profile cases, police and the courts now assume that all domestic violence incidents are severe beatings that could result in murder. In reality, that’s not the case. Strained relationships, alcohol or simmering emotional issues typically cause a flare up that may work itself out without police intervention.
In our decades of experience as California Domestic Violence Lawyers, cases often involve a mutual fight with valid reasons. Once the police arrive, someone usually must be arrested and taken to jail. Police rarely have a choice in whether to arrest.
Hiring a domestic violence attorney
The first thing to do if you’ve been arrested or are being investigated for Domestic Battery is to hire a top Orange County Domestic Violence Attorney. The life-long consequences of a domestic violence conviction cannot be overstated.
Getting arrested and having your personal life examined in criminal courts is embarrassing and nerve racking. No one wants the government involved in their personal relationship.
It is now more important than ever to hire an experienced domestic abuse lawyer to help navigate the land mines in the system and law enforcement eager to show they are tough on alleged abusers.
The nature of domestic violence accusations is that they are easily exaggerated or distorted by an angry spouse or ex with an axe to grind. Little to no physical evidence is required and the system has little safeguards to protect innocent women and men wrongfully accused. Usually whoever makes the 911 call will be defined as the victim.
Once charges are filed, the case takes on a life of it’s own and the people involved lose control. Victims are unable to dismiss charges if they don’t wish to prosecute.
Penalties for domestic violence conviction
The state legislature has chosen to be very tough on domestic violence charges in California and has enacted some of the toughest domestic violence laws and penalties in the United States. Orange County and Los Angeles courts enact stiff punishment for penal code 273.5 pc, the most common charge.
Corporal injury on a spouse or cohabitant penal code 273.5 pc is a “wobbler” offense that can be charged as either a felony or misdemeanor crime depending on the severity of injuries, prior criminal history and the circumstances of the crime.
Misdemeanor 273.5 pc penalties for conviction can be:
- Up to 1 year in county jail time
- A fine of up to $6,000
- Lifetime loss of the right to own a firearm (AB 3129)
- Misdemeanor probation
- Restitution to the victim
- A 52-week batterer’s program and/or a domestic violence restraining order.
Felony 273.5 pc conviction can increase penalties to:
- 2-4 years in state prison
- Felony probation, and/or
- Additional 3-5 years in prison if you caused the victim “great bodily injury” or a significant physical injury (12022.7 pc great bodily injury enhancement)
- Count as a strike under the Three Strikes Law if involved great bodily injury
- Potential loss of a professional license (such as attorney license to practice)
Conviction within 7 years of a prior DV conviction:
- Up to 1 year in county jail time or 2-5 years in state prison and/or
- A fine of up to $10,000
Considered a “crime of moral turpitude” affecting immigration
Violations of 273.5 pc that involve spousal injury are classified as “crimes of moral turpitude” under immigration law. If you’re convicted of domestic violence, it could lead to the loss of your right to become a United States citizen, apply for a green card or visas or even enter the country. It can be a deportable crime for non-US citizens.
Can an accuser “drop” the charges?
The short answer is No.
Many wonder how to drop domestic violence charges in California. Victims frequently change their minds after time has passed and want charges dismissed. The reality is injured spouses and partners don’t have the authority to drop criminal charges.
Criminal charges are brought by the state (not victims) and District Attorneys have sole discretion over whether charges are filed or dismissed. They base their decision on the totality of evidence: police reports, 911 call transcript, type of injuries, witness testimony and the prior record of those involved.
Victims can refuse to testify
In California, victims have the right to refuse to testify (1387 pc) in domestic violence cases. Although the prosecutor can continue prosecuting even if the victim refuses to testify. They will need to decide whether to move forward with prosecution based on the strength of other evidence in the case.
The District Attorney may decide to drop the case if conviction seems unlikely without the victim’s testimony. Often this lack of testimony leaves the DA with a circumstantial case that can’t meet the beyond a reasonable doubt standard. Your domestic violence lawyer Long beach merely has to show reasonable alternative explanations that do not involve the accused committing a crime.