Los Angeles Criminal Lawyers Blog
A person can be charged under California Penal Code §273.5 a person can be charged with domestic violence. Domestic violence is defined as when a person “who willfully inflicts corporal injury resulting in a traumatic condition”. The action must be taken against the offender’s spouse or former spouse, cohabitant or former cohabitant, fiancé or fiancée, or someone the person has an engagement with or is or was dating.
There has to be a relationship between the two people otherwise, it is not considered domestic violence. It used to be that a person who alleged domestic violence would file charges, and then if chose to do so, could withdraw their allegations. However, once domestic violence is suspected, or a person has been arrested, you cannot chose to withdraw charges. Only the District Attorney, or City Attorney’s office can dismiss the charges.
Therefore, it is important to consult with a Los Angeles Criminal Defense attorney is you have been charged with domestic violence. There are available defenses and it is important to discuss all possible arguments available to you. Furthermore, a conviction of domestic violence can have significant consequences to a dissolution or family law case, and can also have an impact on an immigration case. A person who is found guilty of domestic violence can be facing up to four years in prison, or up to one year in county jail. In addition, they can face a fine up to six thousand dollars, or both a fine and imprisonment.
Domestic violence cases are difficult because they have the highest rate of recantation of testimony. Many of the witnesses or evidence comes from the victim, which has a close relationship with the offender. This explains why many people chose to change their testimony, or even refuse to testify in the criminal trial or proceedings. This makes it difficult for the government to make their case, but it can also work in their favor, if they present it in the proper light. This is why it is so important to have a legal professional that is fully prepared and experienced to present all the facts and evidence to the court to ensure that the charge is dismissed, or in the very least reduced. If you are involved in a family law proceeding, things can get contentions and it is in your best interest to fully fight the domestic violence charge to the best of your ability. If you have been charged, and convicted of a domestic violence charge, it could have a direct impact on your right to spousal support as well as your custody and visitation rights. Do not hesitate. Seek an experienced and knowledgeable criminal defense attorney that will be sure to fight for you and your rights!