Domestic Violence With Prior Convictions Attorney in Los Angeles

Domestic violence laws in California have evolved significantly over the past few decades. Since the high-profile O.J. Simpson trial, there has been heightened scrutiny on these cases from law enforcement, judges, and prosecutors, resulting in more arrests and harsher penalties—particularly for defendants who have prior domestic violence convictions on their records. While a first-time allegation is serious in its own right, having any prior conviction for domestic violence can turn what might otherwise be a misdemeanor into a felony and can lead to enhanced sentencing terms, including longer jail or prison sentences and more restrictive probation or parole conditions.

Anyone facing a domestic violence charge under California Penal Code Section 273.5 PC or California Penal Code Section 243(e)(1) PC —especially with one or more prior convictions—should fully understand the legal landscape in California, including the relevant Penal Code sections, applicable jury instructions, and the range of possible sentences. By having a clear understanding of these matters and working with an experienced attorney, defendants can position themselves for the best possible outcome. At Kraut Law Group Criminal & DUI Lawyers, our domestic violence defense lawyers have extensive experience defending individuals charged with domestic violence, and we are committed to ensuring that each client’s rights are protected throughout every stage of the process.

When law enforcement officers respond to a domestic violence call, they will typically separate the individuals involved and take detailed statements from each. They observe any physical injuries, note the demeanor of the parties, and assess whether medical attention is necessary. They also check law enforcement databases for outstanding warrants or prior criminal records. Although officers are trained to remain objective in these investigations, the reality is that a prior arrest or prior conviction for domestic violence will heavily influence how they handle the situation. 

When officers discover that a suspect has been previously convicted for harming the same victim, or if they see that the suspect has violated a restraining order, the likelihood of arrest significantly increases. Moreover, if the defendant is currently on probation, law enforcement may arrest them on a probation violation hold, meaning they can be held without bail and must appear before a judge to address both the new domestic violence allegation and the alleged probation violation.

This dynamic means that individuals with a history of domestic violence allegations often face an uphill battle long before prosecutors even file charges. The stage is set the moment the police arrive: past mistakes can overshadow the current facts, and police reports may be written in a manner that presumes the suspect’s guilt. This underscores why it is crucial to consult an experienced defense attorney as soon as possible. A skilled lawyer can reach out to the detective or investigator assigned to the case to present additional evidence or witness statements, potentially influencing the filing decision and preventing the case from escalating to more serious charges.

California’s primary domestic violence laws can be found in Penal Code section 273.5 (corporal injury on a spouse, cohabitant, or parent of one’s child) and Penal Code section 243(e)(1) (battery on a spouse, cohabitant, or person with whom the defendant currently has, or previously had, a dating relationship). Penal Code section 273.5 is a “wobbler,” meaning it can be charged either as a misdemeanor or a felony, depending on the circumstances of the case and the defendant’s prior criminal history. If charged as a felony under PC 273.5, a defendant could face up to three years in state prison for a first offense. Under PC 243(e)(1), the offense is charged as a misdemeanor, carrying up to one year in county jail.

When an individual has a prior domestic violence-related conviction, these code sections become even more significant. Penal Code section 273.5(f)(1) provides for enhanced penalties for defendants who have previously been convicted of certain offenses—including a past violation of section 273.5—if the new offense occurs within seven years of that prior conviction. In such cases, a conviction can result in two, four, or five years in state prison, and courts can impose more restrictive probation or parole terms. These sentencing enhancements reflect California’s policy decision that repeat domestic violence offenses warrant stronger punishment and greater deterrence.

After law enforcement completes its investigation, detectives forward reports to the District Attorney’s Office or the City Attorney’s Office for review. The prosecutors then decide which charges to file—if any—based on the evidence gathered. Although they must consider the strength of the evidence, including any supporting documentation such as photographs, medical reports, or witness statements, prosecutors also pay special attention to the suspect’s criminal record. A prior domestic violence conviction can quickly transform a potential misdemeanor charge into a felony, given the statutory authority to elevate the charge under PC 273.5(f). Even if the facts of the new offense might suggest a misdemeanor, prosecutors often argue that a repeat offender needs to be charged more harshly to protect the victim and the community.

In many counties, specially designated domestic violence units handle these cases. Prosecutors assigned to domestic violence units often receive additional training in how to handle cases involving family violence, intimidation, coercion, and potential recanting of victim testimony. While this training is meant to help them address the complex dynamics of domestic violence, it can sometimes create a bias toward believing that defendants with prior convictions are automatically guilty of subsequent allegations. This is why an aggressive and proactive defense is critical. By gathering evidence early—like text messages, emails, or statements from independent witnesses—defense counsel can rebut the prosecution’s narrative or highlight inconsistencies in the accuser’s story.

If a case proceeds to trial, jurors in California follow standardized guidelines known as CALCRIM instructions to determine whether the prosecution has proven the charge beyond a reasonable doubt. For a violation of Penal Code section 273.5, the jury relies primarily on CALCRIM No. 840, which explains the elements of inflicting corporal injury on a spouse, cohabitant, or fellow parent. It instructs jurors on what must be proven: that the defendant willfully inflicted a physical injury on the victim and that the injury resulted in a traumatic condition. For a charge under Penal Code section 243(e)(1), CALCRIM No. 841 clarifies the elements of battery on a person with whom the defendant has a specified domestic relationship.

When prior convictions are alleged and used to enhance the charges, the jury may also hear evidence of the defendant’s criminal history—subject to certain limitations set forth by the Evidence Code. Prosecutors must prove these prior convictions beyond a reasonable doubt if they are to be used for sentencing enhancements. However, defense attorneys can challenge the admissibility of prior convictions or the authenticity of court records if there is reason to believe that the record does not pertain to the defendant or that the conviction was constitutionally invalid.

Sentencing in a domestic violence case with prior convictions can vary widely. If convicted of Penal Code section 273.5 as a felony, and if the prosecution also proves that the defendant has a prior domestic violence-related conviction within the last seven years, the judge can sentence the defendant to two, four, or five years in state prison. Additionally, probation terms (when granted) often become more stringent: the court can require the defendant to complete a year-long domestic violence batterer’s program, adhere to strict no-contact or stay-away orders, and undergo mandatory substance abuse counseling or mental health treatment if deemed appropriate.

Misdemeanor convictions, even for a first offense, often carry a minimum mandatory jail sentence along with a protective order that can prohibit contact with the alleged victim. With a prior conviction, a judge is generally more inclined to impose longer jail sentences or more conditions, including electronic monitoring, community labor, or additional fines. California law also mandates various additional penalties for domestic violence offenses, such as the requirement to pay into the Domestic Violence Fund and possible restitution to the victim if there were out-of-pocket expenses related to medical treatment or property damage.

For non-citizen defendants, the immigration consequences of a domestic violence conviction can be severe. Certain domestic violence offenses are classified as crimes involving moral turpitude or can otherwise trigger deportation or denial of re-entry into the United States. This adds an extra layer of urgency for defendants to mount a thorough defense, as a single plea can jeopardize their ability to remain in the country.

A prior domestic violence conviction often skews the perspectives of investigators and prosecutors from the outset, making a robust defense strategy essential. Defense attorneys must analyze all potential weaknesses in the prosecution’s case, from whether the victim has a motive to fabricate or exaggerate allegations to whether law enforcement failed to properly investigate leads that might exonerate the defendant. If there was mutual combat, attorneys can argue that the defendant acted in self-defense, emphasizing that a history of tense arguments does not necessarily mean that the defendant is always the aggressor.

Sometimes, alleged victims recant, claiming they lied about the incident or that they overreacted. While this development can help the defense, prosecutors often argue that victims only recant out of fear, financial pressure, or concern for their family. A skilled defense team can conduct a thorough investigation into the alleged victim’s history, looking for evidence of manipulation or prior false claims. By demonstrating to prosecutors pre-filing or early in the case that the accuser may not be credible, it may be possible to negotiate a more favorable plea offer or convince the prosecution not to file charges at all.

It is also important to scrutinize how law enforcement obtained any incriminating statements. If officers fail to administer Miranda warnings or coerce a confession, an experienced attorney can file a motion to suppress that evidence. Even if the suspect allegedly admitted to prior conduct, it must be shown that the admission was voluntary and legally obtained. All of these steps are crucial to ensuring that law enforcement and prosecutors do not rely on questionable or illegally obtained evidence to bolster their cases.

Defending a domestic violence charge is complicated enough, but when the defendant has a prior domestic violence conviction, the stakes increase dramatically. The mere existence of a prior record can alter the prosecution’s approach, the judge’s sentencing options, and the perception of the jury. An experienced attorney familiar with domestic violence laws, jury instructions, and local prosecutorial policies can help level the playing field by challenging the state’s evidence and presenting a compelling counter-narrative.

At Kraut Law Group Criminal & DUI Lawyers, our background in prosecution and decades of experience in criminal defense give us unique insight into how the State builds these cases and how we can dismantle them. We work diligently from the moment our clients contact us, advocating on their behalf with investigators and prosecutors. Early intervention can sometimes prevent the filing of charges or lead to lesser counts, potentially sparing the defendant a felony record or lengthy incarceration.

If charges are filed, our firm will thoroughly review all evidence, interview witnesses, and consult experts where needed to ensure that every possible defense is explored. We are committed to protecting our clients’ rights and providing honest, informed counsel at every step—whether the case ends in a pre-trial resolution or proceeds to trial.

If you or someone you love has been charged with domestic violence and has one or more prior convictions, do not delay in seeking legal representation. There is too much at stake. From potential state prison time to restrictive probation conditions, the consequences are severe. Every piece of evidence, every witness statement, and every possible defense angle should be scrutinized and leveraged to achieve the best possible outcome.

At Kraut Law Group Criminal & DUI Lawyers, we understand how daunting these charges can be and how the system often presumes guilt for individuals with criminal histories. Our goal is to ensure that you receive fair treatment, that your rights are upheld, and that the best possible resolution is pursued.

For more information about domestic violence with prior convictions, or to schedule a free consultation, contact Michael Kraut at Kraut Law Group Criminal & DUI Lawyers, located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. We can be reached 24/7 at 888-334-6344 or 323-464-6453. We stand ready to advocate vigorously on your behalf.