Sex Crimes

Juvenile Court

Drunk Driving

Violent Crimes

Drug Crimes

Domestic Violence

Criminal Appeal

Federal Crimes

Murder Crimes

Solicitation of Prostitution

Indecent Exposure

Lewd Conduct

Statutory Rape

Child Annoying

Sexual Battery

Forcible Rape

Internet Crimes

Hit and Run

Bench Warrants

DOMESTIC VIOLENCE INVOLVING

PENAL CODE 273.5, PENAL CODE 243(E)(1)

1-866- 548-2529

In any relationship, arguments and disputes occur. However, anytime there is an allegation of physical injury reported to the police, it is very important to get a an experienced domestic violence defense attorney. We can help you today.

 

 

DOMESTIC VIOLENCE INVOLVING

1-866-548-2529

PENAL CODE 273.5, PENAL CODE 243(E)(1)

In any relationship, arguments and disputes occur. However, anytime there is an allegation of physical injury reported to the police, it is very important to get a an experienced domestic violence defense attorney. We can help you today.

What are some of the ramifications of a domestic violence conviction?

The ramifications may include the possibility of state prison up to four years in prison if filed as a felony. If the case is filed as a misdemeanor, the defendant faces up to one year in the county jail.

In addition, 52 weeks of domestic violence counseling, a restraining order commonly referred to as a stay away order where you are not allowed to be within 200 feet of the the alleged victim. If this order is lifted, the court will still impose a much more milder stay away order where the courts the defendant that he or she does not annoy or harrass the victim.

The final consequence is the possibility of jail, a criminal record and the possible loss of employment depending on the type of job you currently have.

Will the court impose a restraining order against me?

A stay away order is often requested by the prosecutor on the first court date. At the arraignment date, most judges will not allow the stay away order to be lifted even if the victim does not want one. In these situations, the court may require the defendant to have completed 3 or 4 weeks of counseling before the stay away order is lifted or modified. In addition, most courts will want the victim to make an appearance in court to state that he or she wants the restraining order lifted.

How much can I be expected to pay for bail?

The police or the court may set bail up to $50,000.00 for a domestic violence case.

I am going thru a child custody case, will a domestic violence conviction have an impact?

Sometimes, domestic violence cases are motiviated by failed relationships. A domestic violence allegation can be used against you in a child custody dispute. It may be used against you to show that you are a danger to the child and that joint custody should not be given to you.

How do I know the police are taking this case seriously? Is it bad, if the police took digital pictures of the "alleged victim."

The moment the police arrive at your door, they are taking the allegations seriously. They are attempting to build a case against you. The case becomes more serious when the police officer pulls out a digital camera and starts taking pictures of the alleged victim. When they start taking pictures, an arrest for a penal code 273.5 usually ensues. The reason behind the pictures is to help secure a conviction against you even if the alleged victim recants. This is used to corroborate the allegations of domestic violence.

What if the police did not take any pictures?

This is usually a good thing. The arrest is usually for a penal code 243 (e)(1) charge. This charge is less serious than a penal code 273.5 charge.

The police arrested the wrong person. I was merely defending myself. What do I do now?

Its a good idea to contact a domestic violence lawyer immediately. There are two sides to every story. However, you should not talk to the police because anything you say can be used against you. It is a better practice to have your lawyer do all the talking. Many times police take immediate sides based on either who called the police the first or who appears to have the visible injuries.

The police are looking for me, what should I do?

Contact a domestic violence defense lawyer. A criminal defense lawyer can immediately help resolve the issue by contacting the police agency on your behalf.

Do I need to talk to the police? / Don't I look guilty if I don't talk to the police?

No. You do not have to speak to the police because you have a Fifth Amendment Right to remain silent. We recommend that you do not make any statments to the police. Should the case go to trial, the judge will prohibit the DA from making any comment that you must be guilty because you refused to talk to the police. The reason is that the Fifth Amendment Right to remain silent prohibits the DA from making such comments. However, should you make any statements, the police will testify as to what you said and often times it will likely be used against you to get you convicted.

We got into an altercation while we were driving on the freeway. Is this bad?

Yes. This is not a good thing to do. You could cause a car accident. This is generally considered something unsafe to do, particulary if there is a child in the car. The defendant can be arrested for additional charges such as child endangerment if there was a child in the car. Fortunately we have successfully resolved these kind of cases as well with a recent case being dismissed.

We got into a violent physical altercation while our children were present. Is this bad?

Yes. If a violent physical altercation occurred in the present of your children, the police officer may also make a report to the Department of Children and Family Services. This may sometimes trigger a dependency case where the social worker may try to take the physical custody of your child away until a dependency juvenile court judge determines when it is appropriate for the return of your children. In addition, the prosecutor may choose to file an additional criminal charge against you alleging child endangerment.

The victim wants to drop all charges. Do I still need a lawyer?

The fact that a victim wants to drop all charges does not mean the prosecutor will drop the case. According to the District Attorneys Office, a substantial many number of their cases that get convicitons involve cases where the victim has recanted or wanted the case dropped.

It is highly unlikely the case will be dropped if the prosecutor believes there is sufficient evience to prove the case of domestic violence beyond a reasonable doubt.

Thus, the short answer is, you still need a domestic violence defense lawyer because you will still end up going to court unless the evidence is insufficient to prove the elements of the crime.

What is the impact of any future criminal case if I plead guilty to a domestic violence case?

If you plead guilty to a domestic violence case, in most counties you are automatically disqualified for house arrest. In Los Angeles County for example, if you have a prior conviction for a crime of violence, you application for house arrest will generally be rejected. Thus if you are sentenced to 180 in jail for a DUI, a prior domestic violence case will disqualify you from qualify for house arrest.

 

Why did the police arrest me for a felony? I have no prior record.

The decision to arrest someone for a felony or misdemeanor charge will often depend on the type of injuries and allegations involved. The more serious the allegations, the more likely the arrest will be for a felony. However, if it is a border line case, the police officer will put is down as a felony arrest.

Fortunately the charge is a wobbler, meaning these charges can be reduced to a misdemeanor. If the police officer took pictures it will likely be a felony arrest. If no pictures were taken, it will be a misdemeanor arrest. However, keep in mind that it is the prosecutor that decides whether felony charges will be filed. Therefore just because the police make a felony arrest does not mean that the DA will file felony charges against you. Our office attempts early intervention to attempt to convince the DA to not file felony charges and sometimes to drop the case without charges ever being filed. If we are able to establish certain defenses early on, the prosecutors office will sometimes agree to an office hearing where no charges are filed.

I want to save my relationship. Is this possible?

A lot depends on the commitment made by both parties to get counseling. There are certain strategies than can be used to improve communication between a couple.

Will domestic violence counseling help me?

Nobody is perfect. Counseling can be very helpful for everyone. Our society does not teach us to become good partners in our relationships. If you want to save your relationship, counseling can often teach strategies to deal with situations to improve your relationships.

Who makes the decision on whether the case is filed as a felony or misdemeanor against me or whether charges are filed or dropped?

In each of the 58 counties in California, the prosecutor has the discretion in determine what charges are appropriate based on a reading of the police report.

What is the standard bail if I am charged with domestic violence pursuant to penal code 273.5?

The standard bail is $50,000.00. If you hire a bail bondsman, they will generally charge you 10% of the amount of the bail. Many bail companies are authorized by the California Department of Insurance to charge 8% if you have a private lawyer.

If I can afford a private lawyer, should I obtain one? Can a domestic violence defense lawyer make a difference for me?

Yes. Having a criminal defense attorney that is experienced in defending clients charge with domestic violence can make a big difference in the outcome of the case. Hiring a criminal defense lawyer can often makes the difference between freedom and jail.

This criminal defense lawyer can convice the prosecutor to possibly not file the case, or to drop a felony charge to a misdemeanor.

Penal Code Section 273.5

Most persons are arrested under penal code section 273.5, "Willful Infliction of Corporal Injury."

The statute states in relevant part: "Any person who willfully inflicts upon a peson who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year or by a fine of up to six thousand dollars or by both that fine and imprisonment."

"Corporal injury" means bodily injury.

A "traumatic condition" is a condition of the body such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force.

In order for the prosecutor to secure a conviction, he or she must prove three elements of the crime.

The first, that a person infrlicted bodily injury upon his or her spouse or froerm spouse, cohabitant, former cohabitant or the mother or father of the child.

Second, the prosecutor needs to show that the infliction of bodily injury was willful.

Third, the DA must show the bodily injury resulted in a traumatic condition.

What this means is that if you are arrested for domestic violence, you need to call our office right now for a free consultation at 1 - 866- 548-2529. We have obtained numerous case dismissals. We are also knowledgable about all possible options available to you so that you get a just and fair result.

Penal Code Section 243(e)(1)

Many other persons are charged under penal code section 243(e)(1) which states in relevant part: "When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceed two thousand dollars or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment.

Domestic Violence Defense Winning Track Record

Our office has represented professionals from all works of life. From corporate executives, movie director from major movie studios, to police officers, fire captain, we have successfully represented both male and females successfully.

We have a strong understanding as to being able to immediately assess the strengths and weakness of a case and know how to most effectively show the prosecutor why their case lacks credibilty and or why there are mitigating facts.

Often times police officers merely look at who has visible injuries in determining who the "victim" in the case is without regard to how the events unfolded.

Based on this, the police often build a case against the person with the least visible injuries. Fortunately there are two sides to every story and our law firm has the experience and knowledge to bring forward this information to help you today.

The most important thing to know is that we are very detail oriented and fully prepared when we advocate for our clients. Preparation is the key to a successful defense.

Call our offices immediately for a free consultation. We can help you today.

We are available to help you 24 hours a day, 7 days a week. You may reach us at (626) 975-2080. You may also call us toll free at 1-866-548-2529

 

PAGE PROTECTED BY COPYSCAPE. DO NOT COPY.