Los Angeles Criminal Lawyers Blog

Although there are many different types of domestic violence, one of the most frequently found forms is when it is between spouses. California Penal Code § 273.5 and §243(e)(1) address spousal violence.

CPC § 273.5 makes it a felony for a person to inflict corporal injury resulting in a traumatic condition against a spouse. A spouse as defined in this section will also include a former spouse, someone you have lived with or do live with, or the mother or father of your child. Additionally, a visible injury is required to be charged with this offense, even if it is a slight bruise or swelling.

CPC § 243(e)(1) addresses a lesser charge than CPC § 273.5. CPC § 273.5 will be charged as a felony whereas §243(e)(1) is a misdemeanor battery charge. Under this section, a person will be charged with battery if it is committed against a spouse. The section also extends battery upon not just a spouse, but also someone with whom you are living, someone to whom you are engaged, the parent of your child, a former spouse or someone whom you are dating.

Regardless of whether you have been charged with a felony or misdemeanor, the case can lead to a serious consequence. Any mark on your record will have an effect on your social life, any future or current employment, as well as education opportunities. An experienced Los Angeles Criminal Defense attorney has handled thousands of domestic violence cases and can prepare a powerful argument on your behalf that gives you the best chances of dismissing or reducing your charges!

Oftentimes people assume that domestic violence entails violence against one spouse from the other. Although that is the most common scenario, it is not the only type of domestic violence.

California Penal Code § 273.5 makes it a felony for anyone who inflicts corporal injury resulting in a traumatic condition upon a spouse, cohabitant or parent of his or her child. This section is common among domestic violence cases. A lesser offense is known as domestic battery and is codified under California Penal Code § 243(e)(1). California PC §243 (e)(1) makes it a chargeable offense to commit battery against a spouse, fiance or anyone whom you have had a engagement or relationship with.

Also considered under a domestic violence offense is violence against a child. California Penal Code § 273 (d) makes it a punishable felony to inflict corporal injury resulting in a traumatic condition upon a child. Additionally, under California Penal Code § 273 (a), any person who is entrusted with the care and custody of a child under 8 years of age inflicts upon the child force that a reasonable person would find to inflict bodily injury resulting in the child's death will be charged with child endangerment.

Elder abuse can in many situations fall under domestic violence. California Penal code § 368 makes it a punishable offense to inflict physical or emotional abuse, neglect, endangerment, or financial fraud against a person 65 or older.

A Los Angeles Criminal Defense attorney who has been practicing for over thirty years has dealt with all different aspects of domestic violence cases. The attorneys at Hoffman and Associates are knowledgeable in each type of domestic violence charge and with their experience and expertise can prepare a powerful defense so that you can get the results you want!

Spousal privilege is defined under California Evidence Code §§ 970-973. Under this section, a married person has the privilege to not testify against his or her spouse in any proceeding, unless otherwise directed by statute.

Under this section, a married person may not be called as a witness in a case in which his or her spouse is a party, unless there is express consent from the spouse holding the privilege. The only exception is if the spouse is called to testify as a witness without the opposite party knowing of the marital relationship in good faith.

The spousal privilege may not be exercised in a case of domestic violence. California Evidence Code § 972 (e)(1) states that a married person does not have the spousal privilege in a criminal proceeding in which one spouse is charged with a crime against the person of the other spouse.

The statute behind spousal privilege is designed to protect the marriage and the communication between a married couple, but also accounts for protection against each spouse. A knowledgeable Criminal Defense attorney is familiar with the intricacies of the privilege and can advise you whether you would be required to testify or whether you can invoke the privilege.

The attorney client privilege is defined under California Evidence Code §954. It states that " the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer."

Put simply, this means that any communication you have had with your attorney may not be used as evidence in court. You have the right to refuse to allow any such communication to be presented by any party, and you will not be required to disclose any such evidence as part of a trial.

The privilege is held by the client and accordingly can be claimed by the client alone, however the attorney is obligated to claim the privilege on behalf of the client if the opportunity arises, unless told by the client not to do so. Furthermore, the privilege can only be claimed while the holder of the privilege is still in existence, i.e.it is only effective while the client is alive.

The purpose of this privilege is to allow the client to fully disclose and inform his or her attorney of all relevant information pertaining to the case. It is only when the attorney has all the facts that he or she can represent the client most efficiently and to the best of their ability. Experienced Los Angeles Criminal Defense attorneys are well aware of the privilege and uphold confidentiality between clients so that clients can be encouraged to share all aspects of their case freely. When hiring an attorney, you should speak to your attorney without hiding information allowing them to prepare the best possible defense for you case!

Under California Vehicle Code 14601 and 14601.1 it is against the law to drive a vehicle if your license has been suspended or revoked by the DMV for negligent and incompetent operation of a vehicle. This includes reckless driving and other violations of the vehicle code. The person must have knowledge of their suspended or revoked license, however, knowledge will be presumed if the DMV has properly mailed out a notice of the suspension or revocation.

If your license has been suspended for reckless driving, with or without bodily injury or specified injuries, (Vehicle Code 14601) the potential penalties will differ from suspension due to other reasons.

For a first time offense, the penalty will range from jail time between 5 days to 6 months and/or a fine from $300 up to $1000. For an offense within five years of a prior violation of the same vehicle code, the resulting penalty will range between 10 days to a year in county jail and/or a fine of $500 to $2000.

If your license has been suspended for reasons other than reckless driving in any degree or due to a DUI then the potential penalties will be as follows; for a first time offense it will range between 0 to 6 months in county jail, and/ or a fine ranging from $300 to $1000. For an offense occurring within five years of a prior violation of the same vehicle code, the penalty will range from 5 days to a year in county jail and/or a fine ranging from $500 to $2000.

The penalty you will ultimately be sentenced will depend on many different factors and the arguments prosecution presents to the Judge. An experienced Los Angeles Criminal Defense attorney can prepare a powerful argument on your behalf to ensure that your final sentence falls within the lower end of the sentencing spectrum!