Los Angeles Criminal Lawyers Blog

One of the strongest pieces of evidence used in Domestic Violence cases is personal testimony. When a person who witnesses the whole incident, or even the victim chooses to testify, it makes the case a lot stronger. Other evidence such as a declaration, or police report may also be presented as evidence but when a person testifies as to the incident and actions of the accused, it gives the case more support.

Despite it being excellent evidence, the common problem in illicit testimony is the unavailable witness. A witness is considered unavailable when they refuse to testify. The are several reasons that will cause a witness to deny testifying.

A witness will not testify if they can assert a privilege. This means that because of law, and to protects a person's interests, there are certain kinds of communications that are privileged. Much of the conversations between attorneys and their clients are privileged and will be held in confidence, as are communications between a Therapist and their patient. Additionally, a spouse will not be asked to testify against their own spouse because of spousal privilege. This is a common obstacle in domestic violence cases. A spouse cannot be made to testify against their spouse, to protect the sanctity and privacy of marriage. For example, Husband hits Wife and wife has filed charges against her husband. She cannot be made to take the stand when the case is being heard and give testimony against the husband, unless she chooses to do so. It is her right to waive the privilege and testify.

Another reason a witness will be considered unavailable is because they refuse to testify. In certain situations a witness will not want to get involved, or divulge testimony in fear of their own lives, or other reasons. For example, if a friend witnesses a friend's husband hit his wife, the friend may be too scared to testify if she believes the husband is a dangerous guy. In those situations, the witness may refuse to testify.

If a witness dies, or is terminally ill, they will be unavailable to testify. This goes without saying, and defines the term unavailable witness, since the witness is literally unavailable. Similarly, if the person is absent form the State, they cannot testify.
A person may also testify but still be deemed an unavailable witness if the only thing they can testify to is that they do not remember what happened. In this sense, they witness might as well be unavailable, because it is like they were not there, since they do not remember what happened.

Although the unavailable witness is a strong obstacle in domestic violence cases, the Prosecution can still gather enough evidence for conviction. It is important to consult a Los Angeles Domestic Violence lawyer to discuss the many options and defenses available and the strength or weaknesses of your case.

If you have been injured by someone you are close to and have a trusting relationship with, you may need to file a Domestic Violence Restraining Order. A Domestic Violence Restraining Order (DVRO) will protect you from a person who is abusing or harassing you, and if they violate the order, they could face legal consequences.

To get a DVRO, you must go to the right courthouse and file the right paperwork with the clerk. A Temporary Restraining Order will be issued. This TRO will only be good for 2 weeks, at which point a hearing will be set. Before the Judge makes a ruling, and issues a Permanent Restraining Order, the Judge must hear arguments from both sides. Issuing a DVRO against someone has serious consequences, and it is a decision the Judge must make very carefully.

When a person has a DVRO issues against them, they will be entered into a database which informs government agencies and others of the order. It remains on a person's record, and therefore, it is not something that can be issued lightly.

The DVRO also asks the court to make a decision on domestic violence taken between two people who share a close bond of trust. The court is getting involved on private matters and must tread carefully.

At the hearing, the Judge will ask that you present the facts that warrant a DVRO be issued. The evidence presented will include testimony, pictures, documents and other items that would support your argument.

For example, lets say that Harry and Wendy are a married couple. One night, Harry comes home and is mad at Wendy and he hits her, and breaks the television and her laptop. Wendy immediately leaves the house, calls the police and files for a DVRO. The evidence that could be presented to help her case would include the police report officers may have written, pictures taken by either Wendy or the officers, testimony taken from the officers, or Wendy herself. If there were any witnesses, a neighbor who heard screaming or noise would also be able to testify. All evidence must be collected, witness's properly subpoenaed and a powerful argument prepared. If all supporting facts and presented properly, Wendy would have a strong case.

Gathering the facts, speaking to officers and preparing an argument that presents why the law should favor a DVRO is something an experienced Los Angeles Lawyer has handled on thousands of occasions. Someone who is not properly versed in the law may not prepare a compelling argument or properly present evidence. They may not even think of certain pieces of evidence that would strongly support their case. If a DVRO is denied because the argument was not properly presented, and cause exists, you may not be properly protected from harm.

When dealing with someone like your safety, and seeking protection, it is best to have an experienced expert help you so that you can ensure your case is presented to the Judge based on the facts and your life is kept safe.

A Domestic Violence restraining order is a Civil Protection Order that grants protections to both males and females from abuse. It is an order granted by the civil Judge, so that if the abuser violates it's terms, they could face serious legal consequences.

A domestic violence restraining order is broad, but for it to be a domestic violence restraining order, there must be a relationship between the person filing for protection and the alleged abuser. The relationship can be between a current or former spouse, boyfriend or girlfriend, the mother of father of your child, someone you live with, or someone you are related to through blood or marriage.

If the relationship shared between the person asking for protection and the person being served with the restraining order falls into one of the above mentioned categories, the restraining order will be of domestic violence. The court takes very seriously any allegations involving abuse within a home, between two people that share a close relationship that involves a blood or intimate relations. The reason is because that person is a person with whom you have indefinite trust, and whom you should feel safe and secure with. Therefore, when there is abuse in a trusting relationship, it is taken very seriously by the Courts.

The actions that give rise to a restraining order are also extensive. There are certain situations that qualify for a Los Angeles domestic violence restraining order. If the person causes or attempts to cause a person injury, sexually assaults the other, causes you to fear that you will suffer immediate harm or irreparable injury, attacks or stalks another, threatens, or harasses another or destroys their personal property or even causes any other injury, they may be given a Restraining order.

The Judge will issue a Temporary Restraining Order that will protect you for 2 weeks, at which point a hearing will be set. The purpose of the hearing is to present both sides of the argument and for the Judge to either order a permanent restraining order or dismiss the case.

The argument presented must demonstrate that there is an immediate and actual harm. It is important that the person testifies is honest. If a restraining order is entered against you, it will go into a database known as CLETS. This is not the ideal situation, because it is accessible by all government agencies and other institutions that may want to see. It could potentially cause harm to your reputation or credibility when applying for a job, school or other things.

An experienced Los Angeles Criminal Defense Lawyer has dealt with many domestic violence cases, and is all too familiar with restraining orders. The final order is based on persuasive argument and presented evidence. It is important that you have a knowledgeable expert presenting your argument to assure no restraining order is entered against you.

Domestic violence charges under the California Penal Code are generally wobblers. Wobblers are statutes that do not define whether a certain charge will be a felony of a misdemeanor, instead the District or City attorney may charge it as they see fit based on the specific facts of the case.

The domestic violence laws did not used to be as strict as they are currently. Over time the Courts have taken a much harsher stance on potential consequences starting the O.J. Simpson trial in 1995. After the trial involved spouse on spouse injury, the Courts took a firmer perspective on the concept of domestic violence.

The most minor injury may now be charged as misdemeanor or possibly even a felony to demonstrate that the Courts are taking a no nonsense approach to domestic violence charges. The relationship that defines a domestic one under the applicable penal code statutes represents relationships of trust and intimacy. It is directed towards a person that is in a vulnerable position with the person being charged.

Statistically, Courts are charging many more domestic violence charges as felonies, and where there used to be a very clear line between those charges that would be a misdemeanor and those that would be a felony, it is no longer the case.

Let's compare two different cases. Harry and Wendy get into a fight, and Harry slightly pushes Wendy. She falls backwards but has no visible bruises or marks. In another situation, Hank hits Winifred in the face and she suffers serious injuries to her head. Both are likely to be charged as felonies, however, the fight between Harry and Wendy may be reduced to a misdemeanor.

An experienced Los Angeles Domestic Violence Lawyer can prepare a powerful argument that will help reduce domestic violence charges that wouldn't normally rise to the status of a felony. The attorney will gather information regarding the couple, letters from friends, evidence from the community that helps present the person being charged in a positive light. This helps the Courtroom see the person as more than a case number.

If the case is successfully reduced to a misdemeanor, then the range of potential penalties will also be lower. This helps the person being charged avoid jail time and keep the fine as low as possible. The case between Harry and Wendy may be able to avoid jail time, however the case concerning Hank and Winifred will likely be charged as a felony due to its seriousness.

In cases which the facts amount to a felony, a knowledgeable Criminal Defense attorney is still a crucial component in the case. The attorney will be able to contest the elements of the case, but if convicted will fight hard to assure that the final sentence falls towards the lower end of the spectrum, avoiding jail time at all costs.

California Penal Code § 242 defines a Battery as a willful and unlawful use of force by one person against another. California Penal Code § 243(e)(1) adds certain situations in which the battery will be enhanced and will yield a harsher range of potential consequences.

One of the circumstances in which a battery charge would be enhanced is if it is against a person that section defines as a domestic relationship. A domestic battery includes a varying form of relationships, much more than domestic violence as it is defined under California Penal Code §273.5. The court's take domestic relationships very seriously, as it is a relationship based on trust and vulnerability. When the person being charged is accused of injuring a person in which they share a domestic relationship, the court will consider the factors very carefully and if sentenced, it will be a higher penalty than battery under CPC §242.

One relationship the Court will hold as needing special protection is between spouses. The statute also includes a former spouse. The person must be the current spouse. The domestic battery statute, also includes a cohabitant. A cohabitant can be anyone a person is residing with. This could be a family member, a roommate or a friend. If injury is caused to a person that lives with the person being charged, it is likely it will be a domestic battery charge.

Unlike CPC §273.5, the domestic battery statute also includes a fiancé, or someone with whom the person being charged has previously had a dating or engagement relationship with. This goes beyond the relationships described in the domestic violence statute. It includes any person with whom the person being charged with may have had a romantic relationship with.

Domestic battery also extends to the mother or father of the child shared with the person being charged. This is also the case under the domestic violence statute.
Any charge that comes from a domestic relationship must be carefully considered. There is room for many false accusations, especially because oftentimes many emotions are involved. False accusations are common, and therefore each element must be proven beyond a reasonable doubt before the court of law will find anyone guilty of the charge.

The consequences of a domestic battery is a fine of up to $2,000 and/or imprisonment up to one year in county jail. Whether it is a higher fine or a longer time in jail will depend on the specific facts of the case and the person's prior criminal history.
With such a high range, there is room for negotiation. A knowledgeable San Diego Domestic Violence attorney can prepare a powerful argument that assures the person faces the lowest possible sentence if the case is not reduced or dismissed.

Many of our clients ask what the difference is between general crimes and domestic violence crimes. For example, why a case will be an assault, and why it in certain situations it will be a domestic violence charge. The courts take domestic violence charges very seriously because the injury or harm is coming from a person that they believe is someone they are close to, they trust, and in certain situations are vulnerable and intimate with.

When a corporal injury is caused against a person and it is deemed as domestic violence, it will be charged under California Penal Code §273.5. Under the relevant code section, there is a list of certain relationships that will determine whether a charge will be filed under domestic violence or otherwise.

The first is that the person being charged and the person injured are married. If your husband, or your wife is the one that causes injury, then it will be domestic violence. It can also be a former spouse, someone from whom you are currently separated, or who you have been divorced from.

It could also be a cohabitant. A cohabitant will be defined as someone who the person being charged lives with. This could be a family member, roommate, or even a friend who is living with the person. Also included under domestic violence will be a former cohabitant. Someone who the person being charged has lived with.

Also included in the domestic violence category is the mother or father of the child of the person being charged.

For example, if a person is being charged for domestic violence against his ex girlfriend, she must either have a child with the person, or she must have at one point lived with the person being charged. If she was not a former spouse, or did not live with the person, or does not have a child with him, then she cannot be considered someone who qualifies for a domestic violence charge.

The statute is very specific as to what qualifies for domestic violence. The relationship the person being charged has with the person injured is crucial to a domestic violence charge. The potential range of consequences are harsher when the injury could potentially be from someone the person injured has a close, intimate relationship with. It is injury in a situation where there should be ultimate trust and protection.

An experienced Los Angeles Domestic Violence lawyer has dealt with thousands of cases concerning this very significant relationship. They can prepare powerful arguments that may reduce the domestic violence charge to that of an ordinary assault, battery or the like.

California Penal Code §368 makes it unlawful for any person to commit any type of abuse against a person that is the age of 65 or older. Additionally, it makes it illegal to commit any type of abuse against a person that is considered a dependent adult. A person between the age of 18 and 64 who has physical or mental limitations that restricts the person's normal daily activities.

A person who willfully causes or permits an elderly or dependent adult to be in circumstances or conditions that are likely to produce great bodily harm, or causes them to suffer or inflicts upon them unjustifiable physical pain or mental suffering will be charged under the relevant statute. The person must also have knowledge that the person who is harmed is an elder or dependent adult.

Additionally under the statute, any person who has the care or custody of an elderly or dependent adult and willfully causes or permits them or their health to be injured, will be charged. Furthermore, any caretaker who willfully causes or permits the elderly or dependent adult to be placed in a situation in which his or her health is endangered can be charged with elder abuse in Los Angeles as well.

Under the statute, a person who is convicted may be facing a penalty of up to one year in state prison or up to two to four years in state prison. The final sentence will depend on several factors, including the specific circumstances and facts of the charge and the person's prior criminal history. For example, a person who causes an elderly person to be bruised, and it is a first time offense, will probably face a penalty closer to the lower end of the range of potential consequences. In comparison, a person who causes an elderly or dependent person to suffer severe internal injuries and possible a hospital stay will be facing a must harsher penalty.

Under the statute, certain additional facts will serve to enhance the possible consequences. These factors are called enhancements. If the actions of the person being charged resulted in great bodily injury, or death there will be an additional charge on top of the consequences discussed previously.

For great bodily injury, a person will serve an ADDITIONAL 3 years in prison if the person is under 70 years old, and an additional 5 years in state prison if the person is over 70. For actions that lead to death, the person may serve an ADDITIONAL 5 years in state prison if the person is under 70 years old, and an additional 7 years in state prison if the person is over 70.

The courts take elder abuse quite seriously. It is important to have a knowledgeable Los Angeles Elder Abuse Lawyer who can prepare a powerful argument in your favor that keeps any potential consequences towards the lower end of the sentencing range and possibly leads to a reduction or dismissal of charges.

California Penal Code §368 defines several different forms of abuse against elders that could lead to a conviction. The statute takes elder abuse seriously, because elderly folks are more vulnerable and need to be protected from certain potential harms and abuse.

The statute applies to any person that is the age of 65 or older. The statute also applies to dependent adults. A dependent adult is defined by the statute as "a person between the age of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights".

The applicable legal section outlines several different forms of abuse, and a range of potential consequences each may incur. The exact sentence will be determined by the Court, based on the specific facts of the case and the criminal history of the person being charged. When the circumstances under which the crime incurred is particular severe, the penalty will be closer to the harsher end of the spectrum. Similarly, if the person has previously been convicted of elder abuse in Los Angeles, it is likely that they will be serving a higher sentence along the range of consequences in comparison to someone who is being tried for their first offense.

One of the major types of abuse outlined by the statute is fraud or embezzlement directed towards elderly or dependent adults. Any person who violates any statute relating to fraud or embezzlement as described in the California Penal Code section that knows, or should have known that the person at whom the act was directed was an elderly person will be charged under CPC §368.

The potential range of consequences differs based on whether the person who is being charged is a caretaker of the elderly or dependent adult. The statute defines a caretaker as a person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult. This can be the attendants at a retirement community, doctors, nurses or even a family member.

A person who have fraudulently acquired either money, labor, or real and/or personal property exceeding the value of $400 will serve anywhere between one year in county jail and 2 to 4 years in state prison and/or a fine up to $1,000. Caretakers who commit abuse that does not exceed $400, will face up to one year in county jail and/or a fine of up to $1,000.

When a person has been charged with elder abuse, the court will not look favorably upon that person, especially when they are in the role of caretaker. The Court's initial perception might not be a good one, and it will be the task of an experienced Los Angeles Criminal Defense lawyer to present a powerful argument that not only change the Prosecutor's assumption, but also leads to a reduction or dismissal of charges.

California Penal Code §368 specifically outlines the crimes and consequences that are committed against elders. The Legislature feels that crimes committed against elders deserve special consideration because elder's are especially vulnerable and needing of special protection. Unlike children, elders and dependent adults may be "confused, on various medications, mentally or physically impaired or incompetent".

Additionally, elders and dependent adults may not be able to report crimes, file charges or testify to any kind of abuse that may be committed against them. For those reasons, the legislature dedicates specific attention to crimes committed against any elders and/or dependent adults, and outlines a specific set of consequences for those that are convicted.

Elder abuse comes in many different forms, and the applicable penal code sections recognizes each as unlawful.

The first is physical abuse. Any kind of physical abuse directed at an elder will be considered abuse. Anyone who willfully inflicts or permits unjustifiable pain will be charged under Penal code §368. This includes, but is not limited to, hitting, slapping, bruising or restraining by any means.

Emotional abuse will be taken as seriously as physical abuse because elderly people are vulnerable and more prone to the emotional and verbal abuse of others. Under the Penal Code, this abuse will be considered as severe as physical abuse and may be charged under PC §368.

Sexual abuse will also be charged under California Penal Code §368. Any kind of non-consensual sexual contact will trigger legal ramifications and will be taken very seriously by the Courts.

Neglect is another form of elder abuse that is quite common. Neglect will be failure to adequately and properly provide food, shelter, health care or protection to an elder by those responsible for those items. Any person who is responsible for the care of an elder puts them in a situation which can cause physical or mental suffering, or for another to take advantage of their vulnerability may be charged with neglect under the applicable statute.

Similar to neglect, anyone who is responsible for the care of an elderly person or dependent adult who then abandons the person will also be considered to have committed abuse under this statute.

Elderly people are also a lot more prone to being exploited financially. Any person who take advantage of an elderly person through means of illegally taking, misusing, or concealing property, assets or funds so that another can benefit will be charged under the statute of elder abuse.

If you have been charged under and elder abuse charge, the prosecutor's must prove that there was abuse beyond a reasonable doubt, just like any other criminal case. The court's take a serious stance on elder abuse and a person who has been charged should seriously consider having an experienced Los Angeles criminal defense attorney on their side to prepare a powerful argument in their favor. It is a fine line as to what constitutes abuse, and can be argued favorably in either direction. The consequences are significant, and it is in the best interest of the person charged to give it the best chance they have to have it reduced.

On April 16, 2011 actor Nicholas Cage was arrested for a domestic violence and disturbing the peace charge in New Orleans. Cage was heavily intoxicated and got into an argument with his wife of six years in a tattoo parlor. The argument got violent and witnesses report that the actor pushed his wife several times. He continued the argument onto the street and refused to cooperate with officers on the scene. The officers were obliged to hand cuff him and charge him with disturbing the peace, as well as domestic abuse.

Domestic violence in California is usually charged under two sections of the Penal Code, §243 (e)(1) and §273.5. California Penal Code §243 (e)(1) charged battery against a spouse and §273.5 is corporal injury to a spouse. There is a valid domestic battery charge when a person inflicts force or violence on a partner. This partner can be a current, former or future spouse, someone a person lives with, the parent of their child, or even someone a person is dating. §273.5 is a more serious charge. It involves inflicting bodily injury on a partner, including the parent of a person's child, current of former spouse, and someone with whom they have lived, or do live.

In order for Prosecution to establish a case under California Penal Code §273.5, they must prove that there was an infliction of bodily injury to a partner as described above, that there was a willful infliction of injury and it resulted in a traumatic condition. To establish a case for Domestic Battery, the Prosecution must prove that there was a willful infliction of force or violence upon a partner as described above. Domestic battery is the lesser offense for domestic violence. It is usually filed as a misdemeanor and a person can be convicted of domestic battery even if they did not physically injure their partner.

Regardless of which Penal Code section a person is charged under, one thing is certain, domestic violence is not taken lightly and can result in some serious consequences. A Los Angeles domestic violence attorney has handled thousands of similar cases and can prepare a powerful defense so that the charges have the best possible chance of being reduced or dismissed completely.

There are two types of charges involving a spouse in domestic violence. One is charged as a felony domestic violence and involves bodily injury resulting a traumatic condition (California Penal Code 273.5), and the other is a misdemeanor battery against a spouse (California Penal Code 243(e)(1)).

The final sentence for your case will fall along a spectrum that has been established by legislation. This range will differ based on the Penal Code section under which you have been charged, along with varying factors that comprise your background and the facts of your case. A person charged under California Penal Code 273.5, a felony, may be sentenced anywhere up to a year in county jail, 2 - 4 years in state prison and/or a fine of up to $6,000. In contrast, those charged under CPC 243(e)(1), a misdemeanor, may be charged with up to a year in prison and/or a fine not to exceed $2,000.

Potential consequences for your case will depend on several different factors. Prosecution will consider you criminal background, relationship history as well as the specific facts of your case before proposing a final sentence to the Judge. There is a great amount of subjectivity open to argument and debate. An experienced Los Angeles Criminal Defense attorney has developed a solid reputation among the prosecutors and Judges in Los Angeles. It is through this knowledge that they are able to prepare a influential argument that will ensure your final sentence falls along the lower end of the spectrum and helps you avoid serving and jail time!

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!