Domestic Violence and Immigration Attorney in Los Angeles

Domestic violence allegations can devastate a person’s life, and when immigration consequences are also at stake, the potential impact grows even more severe. Too often, non-citizens facing domestic violence charges do not realize that a conviction can lead to deportation, denial of naturalization, and other grave consequences that persist well beyond a jail or probationary sentence. As the law continues to evolve, it is essential for anyone charged with or convicted of a domestic violence offense to understand the nuances of California’s criminal statutes, how courts instruct juries, and what sentencing entails. Moreover, you need to know how a domestic violence conviction can be deemed a crime of moral turpitude, triggering immigration penalties that may disrupt your life and family. If you have been charged or accused of domestic violence and your immigration status is being affected, our domestic violence attorneys can help you.

At Kraut Law Group Criminal & DUI Lawyers, we have firsthand experience handling these complex cases in Los Angeles. Attorney Michael Kraut, a former Deputy District Attorney with over 14 years of prosecutorial experience, has successfully advocated on behalf of individuals who face not only the immediate consequences of a criminal conviction but also the very real threat of deportation or the denial of future immigration benefits. The following discussion will help you understand the pertinent laws, jury instructions, sentencing structures, and immigration ramifications surrounding domestic violence charges in Los Angeles.

Domestic violence in California broadly refers to any willful use of force or threats of force against a person with whom you share an intimate or familial relationship. This may include a current or former spouse, fiancé, dating partner, cohabitant, or the parent of one’s child. Under California law, the most commonly charged domestic violence offenses are found in Penal Code sections 273.5 and 243(e)(1).

Penal Code 273.5 focuses on corporal injury on a spouse or cohabitant. The statute penalizes anyone who willfully inflicts a physical injury that results in a “traumatic condition.” The injury does not need to be severe; even a minor bruise can satisfy this element if caused by willful force. The alleged victim can be a spouse, a former spouse, a cohabitant, the other parent of your child, or someone with whom you have a dating relationship.

Penal Code 243(e)(1) addresses domestic battery. Unlike Penal Code 273.5, domestic battery does not require a visible injury; it is sufficient that you used force or violence against a person with whom you share the relationship described by law. Because no visible mark is often required, these charges may be easier for the prosecution to prove, although they are typically filed as misdemeanors.

Federal immigration law classifies certain types of offenses, including those involving fraud, theft, and violence, as crimes of moral turpitude. When domestic violence charges involve willful and wrongful infliction of harm on a spouse or intimate partner, they are often regarded as indicative of moral turpitude under immigration regulations. A non-citizen facing conviction for a domestic violence offense, especially one that entails moral turpitude, may be deemed removable from the United States. Even if your domestic violence conviction is classified as a misdemeanor, immigration authorities can flag it for possible deportation proceedings.

It is important to remember that under immigration law, there are nuanced distinctions between aggravated felonies, crimes of violence, and crimes of moral turpitude. Not all domestic violence convictions automatically trigger deportation; however, the risk remains high. For instance, there is a “petty offense” exception that may exempt some defendants if the crime is punishable by less than one year in jail and the individual has no other criminal record. But domestic violence convictions, even misdemeanors, can still pose significant immigration problems if the facts of the case suggest violence or abuse that immigration authorities interpret as particularly serious.

Penal Code 273.5 is considered a “wobbler” offense, meaning it can be charged either as a misdemeanor or a felony. The prosecution’s charging decision typically rests on the severity of the alleged injuries, the defendant’s criminal history, and any aggravating circumstances. If charged as a felony, the defendant may face up to two, three, or four years in state prison, along with substantial fines. If filed as a misdemeanor, the potential sentence may include up to one year in county jail, fines, restitution to the victim, mandatory participation in a 52-week batterer’s intervention program, and other conditions of probation.

Because a felony conviction can place you at greater risk for deportation or other immigration troubles, it is critical to understand the possible plea bargains that could reduce a felony charge to a misdemeanor. If you hold lawful permanent resident status (a “green card”) or any other form of visa, avoiding a felony conviction can be decisive in preserving your immigration status. Skilled legal counsel can often negotiate for lesser charges, alternative sentencing, or the reduction of a felony to a misdemeanor based on the circumstances of the case.

In domestic violence trials, the court relies on the Judicial Council of California Criminal Jury Instructions, often referred to as CALCRIM. These instructions guide the jury on the legal elements that must be proven beyond a reasonable doubt. For instance, in a Penal Code 273.5 case, CALCRIM No. 840 explains that:

• The defendant willfully inflicted a physical injury on their intimate partner or cohabitant. 
• The injury resulted in a traumatic condition.
• The defendant did not act in self-defense or defense of another.

A “traumatic condition” is defined as a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force. The prosecution must also prove that the injury was inflicted intentionally and that there was a relationship of the type protected by the statute.

For a Penal Code 243(e)(1) domestic battery charge, CALCRIM No. 841 states that the prosecution must prove:

• The defendant committed a battery (the willful and unlawful use of force or violence) against a specific person.
• That person was the defendant’s spouse, fiancé, dating partner, cohabitant, or parent of the defendant’s child.
• The defendant did not act in self-defense or defense of another.

No physical injury is necessary under this instruction; merely applying unlawful force or offensive touching can be enough to sustain a conviction. These instructions may appear straightforward, but the actual evidence can be highly contested, particularly if the alleged victim is uncooperative, there are conflicting witness statements, or there is a lack of medical documentation to corroborate any injuries.

Domestic violence convictions trigger a variety of penalties that go beyond incarceration and fines. In California, those sentenced to probation for a domestic violence offense often must:

• Complete a mandatory 52-week domestic violence intervention program.
• Comply with protective or restraining orders barring contact with the victim.
• Pay restitution to the victim if applicable.
• Relinquish or refrain from possessing firearms for a defined period. (Under federal law, a domestic violence conviction can result in a lifetime firearm ban.)

For felony convictions, the risk of a multi-year prison sentence looms large. Even if you receive probation, you may still be ordered to serve some time in county jail, pay hefty fines, and submit to searches and drug/alcohol testing. Sentencing may also factor in prior criminal convictions, the severity of the injuries, and whether children were present during the alleged incident. Aggravating circumstances—such as prior domestic violence convictions—can result in enhanced sentences and heighten immigration concerns.

One of the most significant issues for non-citizen defendants is the looming threat of deportation following a domestic violence conviction. Immigration law is complex, and U.S. Immigration and Customs Enforcement (“ICE”) may initiate removal proceedings when a conviction suggests the individual poses a threat to public safety or has committed a crime of moral turpitude. Even if you are not immediately placed in removal proceedings, a domestic violence conviction can jeopardize future applications for green cards, visas, or naturalization.

Under federal statutes, if a non-citizen commits a crime of moral turpitude within five years of admission to the United States, or within 10 years for certain permanent residents, that individual may face deportation proceedings. Although not every domestic violence offense will automatically trigger removal, the risk remains extremely high, particularly if the facts of the case involve significant injuries or a demonstrated pattern of abuse.

There are limited avenues for post-conviction relief. If you have already pleaded guilty or been convicted, it may be possible to challenge the conviction by arguing that you were not properly advised of your immigration consequences, as required under the landmark U.S. Supreme Court decision in Padilla v. Kentucky. If the court finds you received ineffective assistance of counsel, you may be allowed to withdraw your plea and proceed to trial or renegotiate a plea deal, preferably to a charge that carries fewer immigration consequences.

Many domestic violence cases stem from heated arguments, misunderstandings, or false accusations. If you are facing these allegations, the early involvement of a skilled defense attorney can have a decisive impact:

• Challenging the Evidence. Police officers and prosecutors frequently rely on the alleged victim’s statements and visible signs of injury. However, these can be challenged if there is insufficient corroboration, contradictory witness statements, or a lack of medical evidence.
• Self-Defense or Defense of Others. If you used force to protect yourself or another person, a valid claim of self-defense could result in reduced charges or an outright dismissal. California law allows individuals to use reasonable force to protect themselves if they believe they are in imminent danger.
• Reducing Charges. Since a felony conviction increases the risk of removal for non-citizens, an experienced defense lawyer may seek to negotiate a plea bargain to a lesser offense without a domestic violence label or one that does not trigger automatic deportation.
• Post-conviction relief. If you have already been convicted, there may be options to reduce a felony to a misdemeanor or even pursue expungement, though an expungement may not entirely erase immigration consequences. Courts can sometimes retroactively reduce a conviction when failure to do so would result in severe immigration hardships, though this process is legally intricate.

Time is of the essence in all criminal cases, particularly when immigration is a concern. Prosecutors act quickly, and immigration authorities can begin removal proceedings in parallel with the criminal process. For this reason, you need an attorney who is well-versed in both California criminal law and the immigration implications of a domestic violence conviction.

Attorney Michael Kraut, founder of Kraut Law Group Criminal & DUI Lawyers, is a former Deputy District Attorney who has handled thousands of cases. He uses his insider knowledge of the prosecution’s tactics to build a strong defense, whether by negotiating favorable plea deals that mitigate immigration risks or by aggressively litigating in court when a trial is warranted. Our firm’s mission is to protect you from unjust charges and minimize any collateral harm that could affect your immigration status or your family’s future.

If you or a loved one has been arrested for domestic violence in Los Angeles—or if you have already been convicted and are exploring post-conviction relief to protect your immigration status— contact Kraut Law Group Criminal & DUI Lawyers immediately. We are located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028, and you can reach us 24/7 at 888-334-6344 or 323-464-6453. We offer a free consultation so that you can learn about your legal options, understand the charges, and begin forming a robust defense strategy.

Do not let a domestic violence charge derail your life and separate you from your loved ones. With the right legal guidance, you can mount a strong defense, safeguard your future, and preserve your chance to remain in the United States. Put your trust in Kraut Law Group Criminal & DUI Lawyers for an aggressive and knowledgeable approach to protecting your rights when the stakes could not be higher.