Domestic Violence Consequences Attorney in Los Angeles

In Los Angeles, domestic violence allegations are treated with exceptional seriousness by law enforcement and the courts. This heightened scrutiny stems from the profound societal impact of domestic abuse and the imperative to protect victims. Consequently, individuals facing domestic violence charges confront not only immediate legal penalties but also a cascade of long-term consequences that can profoundly alter their lives. It's crucial to understand that even seemingly minor allegations can escalate into severe legal and personal ramifications. If you've been arrested or are under investigation for domestic violence in Los Angeles, securing an experienced domestic violence attorney is paramount.

Domestic violence, as defined under California law, encompasses a range of offenses committed against an "intimate partner," which includes spouses, former spouses, cohabitants, former cohabitants, individuals with whom one has a child, and those with whom one has or had a dating or engagement relationship. These offenses can be broadly categorized as follows:

• Corporal Injury to a Spouse or Cohabitant (California Penal Code Section 273.5(a) PC): 
  • This "wobbler" offense can be charged as either a felony or a misdemeanor, depending on the severity of the victim's injuries, the defendant's criminal history, and the specific circumstances of the case.
  • To convict under 273.5(a) PC, the prosecution must prove that the defendant willfully inflicted physical injury resulting in a traumatic condition upon an intimate partner.
  • "Traumatic condition" includes any wound or external or internal injury, whether minor or serious.
• Domestic Battery (California Penal Code Section 243(e)(1) PC): 
  • This misdemeanor offense involves the unlawful and intentional touching of an intimate partner in a harmful or offensive manner.
  • Unlike 273.5(a) PC, 243(e)(1) PC does not require visible injuries.
  • Even a minor, unwanted touch can lead to domestic battery charges.
• Criminal Threats (California Penal Code Section 422 PC): 
  • This offense involves making a credible threat to inflict great bodily injury or death upon another person, with the intent to place that person in reasonable fear for their safety.
  • In a domestic violence context, such threats often accompany or precede physical abuse.
• Stalking (California Penal Code Section 646.9 PC): 
  • This offense involves repeatedly harassing or following another person, causing them to fear for their safety or the safety of their family.
  • Stalking behavior can include unwanted phone calls, text messages, emails, social media contact, and physical surveillance.
• Violation of a Restraining Order (California Penal Code Section 273.6 PC): 
  • This offense occurs when a person knowingly violates the terms of a court-issued restraining order, such as a domestic violence restraining order.

A conviction for domestic violence in Los Angeles can trigger a range of penalties, including:

• Jail or Prison Time: 
  • Misdemeanor domestic violence convictions can result in up to one year in county jail.
  • Felony convictions can lead to several years in state prison, with the potential for enhanced sentences based on aggravating factors.
• Probation: 
  • Probation is a common sentence in domestic violence cases, but it often includes stringent conditions.
  • These conditions may include mandatory counseling, community service, drug and alcohol testing, and compliance with protective orders.
• Batterers' Intervention Program (BIP): 
  • California law mandates that convicted domestic violence offenders complete a 52-week BIP.
  • These programs aim to address the root causes of domestic violence and promote behavioral change.
• Fines and Restitution: 
  • Court-imposed fines can be substantial, and defendants may be ordered to pay restitution to the victim for medical expenses, lost wages, and other damages.
• Restraining Orders: 
  • Courts frequently issue protective orders to safeguard victims of domestic violence.
  • These orders can prohibit the defendant from contacting or coming near the victim, their home, or their workplace.

Beyond the immediate legal penalties, a domestic violence conviction can have enduring collateral consequences that impact various aspects of life:

• Employment: 
  • A criminal record can significantly hinder employment prospects, particularly in fields requiring background checks.
  • Professions involving vulnerable populations, such as healthcare, education, and childcare, are especially sensitive to domestic violence convictions.
  • Professional licenses may be suspended or revoked.
• Firearm Restrictions: 
  • Felony domestic violence convictions result in a lifetime ban on firearm ownership or possession (California Penal Code Section 29800 PC).
  • Misdemeanor convictions can lead to a 10-year firearm ban (California Penal Code Section 29805 PC).
• Child Custody and Family Law: 
  • California Family Code Section 3044 creates a presumption against awarding custody to a parent with a domestic violence conviction.
  • This presumption can be rebutted, but it presents a significant legal challenge.
• Immigration: 
  • Domestic violence convictions can have severe immigration consequences for non-citizens, including deportation, inadmissibility, and denial of naturalization.
  • Non-citizens must seek counsel from both a criminal defense lawyer and an immigration lawyer.
• Housing: 
  • Landlords often conduct background checks, and a domestic violence conviction can make it difficult to secure rental housing.
  • Protective orders may force defendants to vacate their shared residence.
• Reputation and Social Stigma: 
  • The social stigma associated with domestic violence can lead to isolation, damaged relationships, and reputational harm.

At Kraut Criminal & DUI Lawyers we will employ various strategies to defend against domestic violence charges, including:

• Challenging the Evidence: 
  • Examining the credibility of witnesses, the admissibility of evidence, and the thoroughness of the police investigation.
• Demonstrating False Accusations: 
  • Presenting evidence of ulterior motives, such as child custody disputes or divorce proceedings.
• Asserting Self-Defense: 
  • Providing evidence that the defendant acted in self-defense or defense of others.
• Highlighting Lack of Intent: 
  • In some cases, the action may have occurred, but without the intent to harm.
• Mistaken Identity: 
  • Presenting evidence that the wrong person has been charged.

Given the severity of the consequences, it is imperative to seek the assistance of a seasoned domestic violence defense attorney. Michael Kraut, with his extensive experience as a former Deputy District Attorney, possesses the knowledge and skills necessary to navigate the complexities of these cases.

• Office Address: 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028
• Phone: 888-334-6344 or 323-464-6453
• Available 24/7 for a free consultation

Do not allow a domestic violence accusation to dictate your future. Contact Kraut Criminal & DUI Lawyers today to explore your legal options and develop a robust defense strategy.