Los Angeles First-Offense Domestic Violence Attorney

Domestic violence charges can be frightening and confusing, especially for someone with no prior criminal record. In Los Angeles and throughout California, law enforcement and prosecutors take these cases extremely seriously. What once might have resulted in a warning or citation now often leads to immediate arrest and aggressive prosecution. Understanding the law, your rights, and what prosecutors must prove is critical if you have been charged with a first-offense domestic violence crime. 

Our domestic violence attorneys at Kraut Law Group Criminal & DUI Lawyers are here to provide clarity about California Penal Code Sections that govern these offenses, explain relevant jury instructions, and detail potential sentences—including how first-time offenders can navigate the legal system. This information is intended to help you recognize the seriousness of domestic violence allegations and underscore why an experienced defense attorney is invaluable.

The Evolution of Domestic Violence Enforcement

Historically, responding officers had significant discretion when evaluating whether to arrest a domestic disturbance call. But high-profile cases, most notably those garnering media attention in Los Angeles, led to increased public scrutiny and stricter policies. Today, officers often feel compelled—if not outright required—to arrest at least one party when responding to a domestic violence call. Even if you have an otherwise spotless criminal record, a single argument that escalates can result in handcuffs, jail, and a mandatory court date.

In many domestic violence situations, the reporting party assumes they have full control over what happens next. This is generally not the case. Once the police are involved, the decision to make an arrest (and the decision to file charges) rests with law enforcement and the prosecutor’s office. If a complaint has been made, an arrest report has been written, or there is any sign of injury or physical contact, the matter can continue forward in the criminal justice system even if the alleged victim does not want to press charges.

What Happens if You Are Arrested for First Offense Domestic Violence in Los Angeles?

The two most commonly charged domestic violence offenses in California are Penal Code Section 273.5 and Penal Code Section 243(e)(1).

California Penal Code Section 273.5 (Corporal Injury to a Spouse or Cohabitant):

This law applies when an individual is accused of inflicting a “traumatic condition” upon a spouse, former spouse, cohabitant, fiancé(e), or the parent of their child. A “traumatic condition” generally means any injury (even minor) caused by physical force. Section 273.5 is a “wobbler,” meaning it can be charged as either a misdemeanor or a felony. The decision will depend on the circumstances of the case, the severity of the injury, and the defendant’s criminal history. For a first offense with minimal or no visible injury, it is more likely (though not guaranteed) that the prosecutor will file misdemeanor charges.

California Penal Code Section 243(e)(1) (Domestic Battery):

Under this statute, it is illegal to commit battery against a spouse, cohabitant, fiancé(e), dating partner, or parent of your child. The critical distinction here is that 243(e)(1) does not require a visible injury. Any unwanted or offensive touching could be charged under this section. Unlike 273.5, this is always a misdemeanor offense, but it is still treated seriously and can result in fines, probation, and other penalties.

Arrest Procedures and the Importance of Early Intervention

When the police respond to a domestic violence call, they often separate the parties to obtain statements. Officers will look for signs of injury, such as bruises, scratches, or redness. The individual believed to be the “primary aggressor” is generally taken into custody. In situations where it is unclear who started the altercation or both parties have injuries, both individuals may be arrested. Even if you called the police first, you can still be arrested if the officers believe you were the aggressor.

A first-time offender with no prior criminal record often assumes they will not be prosecuted. However, law enforcement and prosecutors tend to err on the side of caution with domestic violence allegations due to liability concerns and political pressure. Posting bond and securing your release is typically only the first step. Immediately after securing release from jail, it is crucial to contact an experienced domestic violence defense lawyer who can begin the process of reviewing the police reports, interviewing witnesses, and potentially communicating with the prosecution to argue for a reduction or dismissal of charges.

Charging Decisions By the Prosecutor

When the case is presented to the prosecutor, they will assess the facts to decide whether to file misdemeanor or felony charges—or to reject the case entirely. Even first-time offenders can face felony domestic violence charges if the injuries are serious enough or if there are aggravating factors (such as use of a weapon, prior allegations, or the presence of children). However, prosecutors also consider the absence of a criminal history and the wishes of the alleged victim. A zealous defense attorney can highlight any mitigating factors—such as lack of injury, conflicting witness accounts, or the alleged victim’s reluctance to press charges—to advocate for lesser charges or a dismissal.

Relevant Jury Instructions

In California, juries are guided by CALCRIM (California Criminal Jury Instructions). For domestic violence, the two most pertinent instructions are:

• CALCRIM 840 (Inflicting Injury on a Spouse or Cohabitant) – This instruction outlines the elements the prosecution must prove beyond a reasonable doubt when charging Penal Code Section 273.5. The prosecution must show that the defendant willfully inflicted a physical injury on an intimate partner, that the injury resulted in a traumatic condition, and that the defendant was not acting in self-defense or defense of others.
• CALCRIM 841 (Battery on a Spouse or Cohabitant) – This instruction applies to Penal Code Section 243(e)(1). To convict under this section, the prosecution must prove the defendant willfully touched the alleged victim in a harmful or offensive manner and that the alleged victim had the requisite domestic relationship with the defendant (e.g., spouse, cohabitant, or dating partner). Again, the prosecution must disprove any claim of self-defense or defense of others.

Jury instructions are critical in guiding the jury on how to interpret the evidence. They provide the legal backbone for determining whether someone is guilty or not guilty. Understanding CALCRIM 840 and 841 can help defendants see how the prosecution must frame its case—and how a skilled defense attorney can counter that evidence.

What Are the Possible Penalties for a First-Offense Domestic Violence Conviction?

For a first offense domestic violence conviction, judges have fairly broad discretion in sentencing, but they must follow certain mandatory requirements under California Penal Code Section 1203.097 when granting probation. These mandatory terms include:

• A minimum of 36 months of probation (formal or informal).
• Completion of a 52-week batterer’s intervention program, which involves weekly classes and strict attendance requirements.
• A protective order or restraining order that may prohibit or limit contact with the alleged victim.
• Possible fines, fees, and mandatory contributions to domestic violence funds.
• Community service or alternative sentencing components, depending on the circumstances.

Additional sentencing terms can vary based on the nature of the offense. If charged as a misdemeanor, potential penalties might include up to one year in county jail. If charged as a felony, a defendant faces a potential state prison term (often two, three, or four years, depending on the specific facts and any aggravating circumstances). However, first-time offenders with minimal injuries involved are frequently granted probation, especially if they have a strong defense and the incident appears out of character.

The mandatory probation conditions can come as a shock to first-time offenders who assume that a misdemeanor conviction might be “just a slap on the wrist.” In reality, the 52-week domestic violence counseling program is time-consuming and monitored by the court. Failure to comply can result in probation revocation and potential jail time. Protective orders can also cause personal hardship if the defendant and the alleged victim share a home or have children in common.

Protective Orders and Firearm Restrictions

If you are charged with domestic violence in California, the judge often issues a Criminal Protective Order (CPO) at arraignment. This order can prohibit any contact with the alleged victim or only prohibit “harassing” or “abusive” contact, depending on the case. For many defendants, especially those living with the alleged victim, a full protective order makes daily life extremely difficult. It can force one party to relocate, limit communication, and complicate child custody matters.

Additionally, federal and state laws prohibit individuals subject to certain protective orders—or those convicted of certain domestic violence offenses—from owning or possessing firearms. This loss of gun rights can be permanent or temporary, depending on the circumstances, and is an important consideration if the defendant relies on firearms for work or personal protection.

What Are the Best Defense Strategies for a First Domestic Violence Charge?

For a first offense domestic violence charge, the defense strategy often involves a thorough factual investigation, witness interviews, and a careful review of any 911 calls or body camera footage. Possible defenses include:

• Self-Defense or Defense of Others: Demonstrating that the defendant’s actions were in response to a legitimate threat.
• False Allegations: In some cases, an alleged victim might exaggerate or fabricate claims out of anger, jealousy, or a desire to gain leverage in a related matter (such as a divorce or custody dispute).
• Accidental Contact: If the physical contact was unintentional, this could negate the willfulness required for a criminal conviction.
• Lack of Evidence: The prosecution must prove each element beyond a reasonable doubt. Weak or contradictory evidence can open the door to dismissal or an acquittal.

Negotiated resolutions are also common in first-offense situations, especially when injuries are minor or there is evidence that the alleged victim was also aggressive. Sometimes, a reduction to a lesser charge, such as disturbing the peace (Penal Code Section 415), can be achieved, which avoids the stigma and consequences of a domestic violence conviction.

Why Early Legal Intervention Matters

Reaching out to a defense attorney as soon as possible after an arrest can change the trajectory of your case. An experienced lawyer will immediately gather favorable evidence, preserve witness statements, and potentially engage with prosecutors before formal charges are filed. Early intervention can lead to a case rejection or a significant reduction of charges, sparing you the long-term consequences of a domestic violence conviction. The more time your attorney has to prepare, the better your chances of obtaining a favorable resolution.

Kraut Law Group Criminal & DUI Lawyers: Protecting Your Future

If you have been arrested for a domestic violence offense—even if it is your first offense and you have a spotless record—do not underestimate how aggressively these cases are pursued in Los Angeles. Prosecutors are committed to securing convictions, and the courts implement mandatory programs and protective orders that can turn your life upside down.

With decades of combined experience, including a former Deputy District Attorney who has handled thousands of cases, Kraut Law Group Criminal & DUI Lawyers knows how to navigate the system. We understand the evidence prosecutors rely on and the strategies they employ. Our goal is to protect your rights, reputation, and future. We will carefully evaluate every detail of your arrest, the alleged victim’s account, and any witness statements to determine the most effective defense approach.

We also recognize the toll that a domestic violence case can take on families and relationships. Our firm works with you to maintain compliance with any court orders, address concerns about child custody or firearms, and minimize the collateral damage that domestic violence allegations can create.

Contact Us for a Free Consultation!

If you or a loved one is facing a first offense domestic violence charge, reach out to Kraut Law Group Criminal & DUI Lawyers immediately. We are located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028, and can be reached 24/7 at 888-334-6344 or 323-464-6453 or through our online from. Our team stands ready to assist you with a thorough evaluation of your case and to advocate tirelessly on your behalf.

A single allegation can have lasting consequences on your freedom, professional opportunities, and family life. Understanding the law and enlisting the right defense can make a significant difference in the outcome. We will help you navigate every phase, from the initial investigation through court proceedings, making sure you have the strongest defense possible. When your future is on the line, trust Kraut Law Group Criminal & DUI Lawyers to fight for the best possible resolution to your case.