Los Angeles Domestic Violence Lawyer

Los Angeles domestic violence lawyer

Have you been accused and arrested for domestic violence? Your future, family, and freedom are at stake. Hiring a domestic violence attorney could be your best decision. No one understands the complexities of domestic violence laws better than Shah Criminal Lawyers. Contact us for quality legal defense, and let us clear your name. Call us at (909) 549-2280 for a free consultation with one of Los Angeles' top criminal lawyers today.

You Need an Experienced Los Angeles Domestic Violence Lawyer To Defend Your Case

Experienced domestic violence lawyer to defend your case

Being charged with a domestic violence crime in Los Angeles is stressful and scary. Not knowing how to proceed can leave you feeling more vulnerable than ever.

There's no need to feel alone, though. Our Los Angeles criminal defense lawyer at Shah Criminal Lawyers has experience dealing with domestic violence charges.

We have represented thousands of clients equally exposed to the horrible situation of being charged with domestic abuse.

With many years of combined experience, there is no case too complex or overwhelming for our attorney. Talk to our experienced criminal defense attorney today to learn more about your rights and defenses and how we can help you fight these accusations head-on.

Don't hesitate to contact us via live chat or call us at (909) 549-2280.

Understanding Domestic Violence and Abuse Cases in Los Angeles, California

Understanding domestic violence and abuse case

Domestic violence is a form of offense committed against someone with whom you have a close relationship. As a result, numerous distinct criminal charges related to domestic violence exist. The crime becomes "domestic violence" because of the parties' connection.

Relevance of the Relationship Between Defendant and Accuser

Any act of physical, emotional, sexual, or even financial abuse toward the victim is considered domestic violence. The victim will often mention a pattern of violence between the parties.

According to Section 273.5 of the California Penal Code, you might be prosecuted with either a misdemeanor or a felony for domestic violence if the claimed victim was:

  • Either a spouse or ex-spouse;
  • A romantic partner;
  • A past romantic partner;
  • A current or previous cohabitant (roommate); or
  • The child's mother or father.

The prosecution must demonstrate that you intentionally caused the victim physical harm to get a conviction under Section 273.5 PC. Additionally, the prosecution must prove that you interacted in one of the connections listed above.

Various Types of Domestic Violence-related Crimes

There are many types of domestic violence-related crimes. The following are some examples of domestic violence-related crimes that you should be aware of:

Corporal Injury to a Spouse (PC 273.5)

Corporal injury to a spouse

State prison terms of 2, 3, or 4 years apply as a felony sentence. A misdemeanor can result in up to a year in county jail. The prosecutor must establish that you intentionally caused severe damage to another person who is your husband, live-in partner, child's parent, or former partner with whom you previously resided. The injury does not have to be severe.

Domestic Battery (PC 243(e)1)

This misdemeanor is punishable by up to one year in prison. Domestic battery is a domestic violence offense in California. However, a defendant might get convicted without causing the accused victim pain or harm. Only using "force" or "violence" against the individual is enough grounds for conviction.

This situation differs from Penal Code 273.5, which talks about physical harm to a spouse or roommate. 273.5 PC is a more severe statute against domestic abuse. It necessitates that the victim is physically injured. 273.5 PC is a wobbler classified as either a misdemeanor or a felony.

Examples include:

  • A woman is pushing her partner during an argument.
  • A man is pulling his ex-wife by her shirt and ripping it.
  • A girl is smacking her fiancé.

Child Abuse (PC 273d)

Child abuse

According to California Penal Code 273d, child abuse is as knowingly inflicting on a child "harsh or inhuman corporal punishment or injuries resulting in a traumatized condition." It is punishable by six years in jail or prison.

Child abuse examples include:

  • Striking a child and leaving a mark.
  • Punching a teenager for misbehavior and poor academic performance.
  • Disciplining a child by beating her with a belt

Child Endangerment (PC 273a)

Under Penal Code 273a, child endangerment intentionally subjects a child under 18 to unnecessary pain, suffering, or danger. Even if the child never experiences any physical damage, you might still be liable for exposing them to an undue risk of harm.

Child abuse and "child endangerment" are both used interchangeably. On the other hand, it shouldn't be mistaken with California's "child abuse" legislation, Penal Code 273d.

Elder Abuse (PC 368)

Elder abuse

Elder abuse in California is defined under California Penal Code 368. This crime entails physical or emotional abuse, abandonment, or financial exploitation of an elderly victim. The crime is punishable by up to 4 years in jail or prison. And can be tried as a misdemeanor or felony.

Abuse against the elderly examples are:

  • Not feeding a dependent 80-year-old parent.
  • A caregiver is making fun of a senior patient who uses a wheelchair.
  • A person who uses deception to persuade a 90-year-old neighbor to declare him the only beneficiary of the elder's will.

Criminal Threats (PC 422)

The Penal Code 422 defines "criminal threats" as threats of death or significant bodily injury that leave victims in reasonable and prolonged fear for their or their family's safety.

Criminal threats can be either a misdemeanor or a felony and are punishable by up to 3 years in jail or prison.

Criminal threats can be charged regardless of the perpetrator's ability to carry them out, even if you have no intention of carrying out the threat.

Examples are:

  • Holding a firearm while threatening to shoot another person.
  • A newly terminated employee calls the former boss and warns, "You and the rest of the office personnel should watch your backs."
  • Texting your ex that you will burn down her residence.

Making an Annoying Phone Call ( PC 653M(a) )

Making an annoying phone call

Making rude or harassing phone calls in violation of California Penal Code Section 653(m) is an example of a crime that may qualify as domestic violence even when there isn't any actual physical abuse present. This behavior is illegal under California Law, and violators are subject to severe criminal penalties, including jail time.

The prosecutor must be able to prove beyond a reasonable doubt that the defendant made contact with the victim through:

  • Telephone; 
  • Text message; 
  • E-mail;
  • Fax; 
  • Instant messages; or 
  • Any other form of electronic communication. 

The messages may be obscene, threatening, or repeated. The defendant may be doing this to annoy the victim and secure a conviction for making harassing or annoying phone calls.

It's crucial to remember that a suspect may face charges for this conduct even if the texts they sent weren't explicit or insulting.

Under California Penal Code Section 653(m), the offender may be criminally accountable if they continue to communicate with the victim despite being warned not to.

Damage to a Telephone or Cable Line (PC 591)

California Penal Code 591 makes it illegal to willfully disconnect, remove, damage, or obstruct telephone, cable, or electrical lines. A breach of this statute is subject to felony or misdemeanor charges and a maximum sentence of 3 years in prison.

The prosecutor must establish that you deliberately destroyed or removed a telephone or line. This crime generally occurs when two individuals are arguing, and one of them claims they will call for help, and you either rip the phone line from the wall or destroy it in another way.

Dissuading a Witness From Reporting a Crime (PC 136.1(B)(1))

It is a crime under Penal Code 136.1 PC to dissuade, intimidate, or interfere with a witness to (or victim of) a crime. Simply put, this seeks to prevent a witness or victim from:

  • Reporting a crime or testifying about it, or
  • Otherwise, cooperating with police or prosecutors.

Witness intimidation is a crime charged as a misdemeanor or a felony and carries a maximum punishment of up to 4 years in prison or imprisonment.

What Are the Punishments for a Domestic Violence Conviction in Los Angeles?

What are the punishments for a domestic violence conviction

The criminal courts in Los Angeles take domestic violence cases very seriously. You may face severe and life-altering penalties even if the claims are founded only on a verbal dispute. If convicted of domestic abuse, you may be subject to the following:

  • Jail time (with the potential for mandatory minimum sentencing);
  • Financial penalties;
  • Loss of child custody rights and visitation;
  • A restraining order;
  • Participation in domestic violence programs;
  • Prohibition of possessing a firearm;
  • Problems with immigration and deportation (domestic violence is considered a crime of moral turpitude);
  • Damage to your reputation; or
  • A permanent criminal record that you must declare when seeking jobs, housing, and other opportunities.

The majority of domestic violence charges are either misdemeanors or felonies. These violations are referred to as "wobblers." The prosecution has the authority to adjust the charges according to the gravity of the case.

Remember that California's enhanced sentencing requirements will apply if the prosecution continues with felony charges and you have a prior felony conviction. The "three strikes" provision of California Penal Code Section 667 might result in a life sentence.

Even if it is your first, domestic violence offenses should never be treated lightly. Our domestic violence attorneys will fight to secure your future. If possible, this effort will involve behind-the-scenes negotiations to lessen or remove charges before a trial becomes required.

What Options Are Available for Domestic Violence Victims in Los Angeles, California?

A domestic violence restraining order is one option that can be imposed when meeting these two essential requirements:

  • A person has mistreated you (or made threats of abuse), and
  • You have an intimate romantic relationship with the abuser, such as a husband, roommate, parent, or direct relative.

In cases when a parent is seeking to take action for their abused child, it is possible to submit a restraining order on their behalf, which can help protect them if they are too young to do so on their own.

In situations of domestic violence in Los Angeles where a restraining order is unavailable, there are still possibilities for the victim's protection, depending on the victim's specific circumstances, such as the following:

  • Criminal Protective Orders: A court issues a Criminal Protective Order (CPO) to safeguard a witness or victim of a crime. The court grants a CPO when a defendant charged with domestic violence comes into court for the first time.
  • Elder Abuse or Dependent Adult Abuse Restraining Orders: These restraining orders can be issued to a 65-year-old or older suffering abuse or abandonment.
  • Workplace Violence Restraining Orders: Workplace restraining orders prevent an employee from experiencing unlawful assault or credible threats of violence in the workplace.
  • Gun Violence Protection Orders: Firearms restraining order is a court order that restricts an alleged abuser from possessing a gun or ammunition.
  • Civil Harassment Restraining Orders: A person may file a civil harassment restraining order when he has been subjected to abuse, threats of violence, stalking, sexual assault, or substantial harassment.

How Our Criminal Defense Lawyers Can Help if You've Been Accused of Domestic Violence in Los Angeles

We will thoroughly investigate your domestic violence case. We'll speak with witnesses, consult experts, and do our very best to get to the truth.

We have experienced attorneys who know the prosecutors and judges. We understand how the other party thinks and use our knowledge to ensure you get the best possible outcome in your domestic violence charge.

We know what the criminal justice system looks for in a case like yours and what evidence they'll have to convict you of domestic violence. With this knowledge, we can be proactive in defending against their accusations and ensure they have as little as possible against you.

We will listen to and respect you. You aren't a criminal—you're our client! You deserve a representative who cares about you and your future.

We have lawyers who can vigorously defend your rights. At Shah Criminal Lawyers, we are committed to protecting your rights throughout this unpleasant process.

We are prepared, professional, and experienced in handling all aspects of your case in court. We will ensure you're protected as much as possible under the law.

Contact Us Now for a Free Consultation With Our Los Angeles Domestic Violence Lawyers

Domestic violence lawyers

No one should suffer the repercussions for a crime they did not commit. With an experienced team of lawyers, you will have the best chance of a favorable outcome for your case. Contact Shah Criminal Lawyers at (909) 549-2280 for a free consultation with our Los Angeles domestic violence lawyers, and let our legal team evaluate your case.

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