Los Angeles Domestic Violence Defense Lawyer
In the city of Los Angeles and across the state of California, there has been a concerted effort in recent years to crack down on domestic violence crimes. Generally speaking, crimes of domestic violence occur when a spouse, lover, family member, or someone else with a qualifying relationship commits of threatens to commits violence against the other individual in the relationship. Depending on the exact charge you face, your criminal history, and other factors, you could face serious jail time and high fines if convicted of a crime of domestic violence. In addition, you will also have a criminal record that could prevent you from finding stable employment and, if you live with the alleged victim, a restraining order that could force you out of your own home.
Because of the seriousness of domestic violence crimes, any time you are arrested for such charges you should reach out as soon as possible to a skilled Los Angeles domestic violence defense attorney like Eric D. Davis, Attorney at Law. The quicker you get into contact with our team, the quicker we can get to work on mitigating the damage and fighting to get the charges against you downgraded or dismissed. For a free consultation, call us today at (909) 861-8075.
What Is the Definition of Domestic Violence in Los Angeles?
There is no one crime called “domestic violence” under the California criminal code. Rather, domestic violence is an umbrella term that refers to certain types of crimes committed against a certain class of people. Contrary to what the name implies, not all domestic violence is physical.. Physical violence may be involved, but mere threats of violence, as well as acts of property destruction, can also fall under the umbrella of DV. For example, telling a romantic partner over the phone that you are coming to kill them or throwing a plate at the wall to scare them in the middle of a fight could both count as domestic violence in many circumstances.
While it is not wrong to assume that domestic violence can involve the violent abuse of a wife, girlfriend, or partner, that is one example of who can qualify as a victim of domestic violence. While many domestic violence victims are indeed female, this crime can also be committed against males. In addition, domestic violence does not always necessarily have to involve a spouse or romantic partner. Domestic violence crimes also do not have to involve a current partner – these charges can also be filed by or against former partners, like an ex-husband or ex-girlfriend, as well as against platonic roommates or family members with whom you live or lived with in the past. It can also be charged among blood relatives even if they never lived together, or against a person with whom you share a child even if you never lived together.
Crimes of Domestic Violence in Los Angeles
There are a number of different charges under the California criminal code that can be classified as domestic violence. Los Angeles domestic violence lawyer Eric D. Davis, Attorney at Law has experience successfully handling a wide variety of these cases. Below are just a few of the more common types of domestic violence charges handled by Eric Davis.
Under Penal Code 243(E) the crime of domestic battery, formerly known as spousal battery, is defined as an act of battery involving unlawful and willful touching of a qualifying person (see definition section above) that is offensive or harmful. Domestic battery applied when any amount of force or violence is used, even if it does not ultimately result in any visible harm to the other individual. It could involve, for example, pulling someone’s hair or pushing them without leaving bruises or causing serious injury. This crime is typically charged as a misdemeanor.
Corporal Injury to Spouse
If your action against the protected individual brings about injury or harm that causes a visible, traumatic condition, however slight, you can instead be charged with corporal injury to a spouse under California Penal Code 273.5. This crime is also referred to as spousal abuse or domestic abuse. It is a “wobbler” crime, meaning that it can be charged as either a felony or a misdemeanor depending on the circumstances.
Under California Penal Code 422, a criminal threat is defined as threatening to harm someone and that person reasonably fears for their safety, received the communication in writing, verbally, or over an electronic device, and experienced a threat that was unambiguous and specific. It can be considered an act of domestic violence if delivered against a qualifying person, and the person who makes the threat does not actually have to follow through on it. This crime is also a “wobbler” that can be charged as a misdemeanor or a felony.
Penalties for Domestic Violence Crimes in Los Angeles
Depending on the type of domestic violence crime with which you are charged, and particularly on whether it is charged as a misdemeanor or a felony, the potential penalties you might face for a conviction can vary wildly. Those charged with a felony offense who have a history of domestic violence are almost certain to face a lengthy jail sentence in addition to high fines, while a first-time offender may be eligible for probation or even a pre-trial diversion program that might include such things as anger management classes and, if completed successfully, will result in the charges being dropped.
Furthermore, a conviction, no matter how slight the charge, will land on your criminal record and cause problems in gaining future employment, getting a professional license, or receiving financial assistance from college or the government. Of course, there is also the possibility that the alleged victim requests a restraining order that could leave to essentially homeless. The best thing to do to fight such an order is to reach out to a skilled Los Angeles domestic violence defense attorney like Eric Davis to defend you at the restraining order hearing.
If You Are Facing Spousal Abuse Charges, Call Our Experienced Los Angeles Domestic Violence Defense Attorney Today
Domestic violence charges are incredibly serious and can lead to sever consequences if not dealt with properly. Los Angeles criminal defense lawyer Eric D. Davis, Attorney at Law has years of experience successfully fighting on behalf of clients in Los Angeles charged with domestic violence to bring their case to the best possible resolution. Call our office today at (909) 861-8075 for a free consultation.