Los Angeles Domestic Violence Lawyers
Understanding Domestic Violence Charges
Domestic violence charges, are serious. They can have life-altering consequences, for you and your loved ones. If you’re facing domestic violence charges in Los Angeles, it’s crucial to understand the gravity of the situation.Domestic violence is defined as any form of abuse, or threat of abuse, against an intimate partner. This includes spouses, former spouses, cohabitants, dating partners, and co-parents. The abuse can be physical, emotional, psychological, or financial.In California, domestic violence is a “wobbler” offense. This means it can be charged as either a misdemeanor or a felony, depending on the severity of the abuse and your criminal history. A misdemeanor conviction can result in up to a year in county jail, while a felony conviction can lead to several years in state prison.But the consequences don’t end there. A domestic violence conviction can also result in:
- A restraining order
- Loss of child custody
- Loss of gun rights
- Mandatory batterer’s intervention program
- Immigration consequences
That’s why, if you’re facing domestic violence charges, you need an experienced Los Angeles domestic violence lawyer on your side. At Spodek Law Group, we understand the stakes. We’re here to fight for you, every step of the way.
-The Arrest and Investigation Process
If the police are called to a domestic disturbance, and they believe domestic violence has occurred, they are required by law to make an arrest. This is true even if the alleged victim doesn’t want to press charges.Once you’re arrested, the police will conduct an investigation. They’ll take statements from the alleged victim, any witnesses, and you. They may also collect physical evidence, such as photographs of injuries or damaged property.It’s important to remember that anything you say to the police can be used against you in court. That’s why it’s crucial to invoke your right to remain silent and your right to an attorney. Don’t try to explain your side of the story or argue with the police. Politely tell them you wish to remain silent and that you want to speak with a lawyer.After the investigation, the police will submit their report to the prosecutor’s office. The prosecutor will then decide whether to file charges, and if so, whether to charge the offense as a misdemeanor or a felony.This is a critical stage in the process. An experienced Los Angeles domestic violence lawyer can sometimes intervene at this point and persuade the prosecutor not to file charges, or to file lesser charges. At Spodek Law Group, we have former prosecutors on our team who know how the system works and how to negotiate with the prosecution.
The Court Process
If charges are filed, your case will proceed through the criminal court system. The exact process will depend on whether you’re charged with a misdemeanor or a felony, but the general steps are:
- Arraignment: This is where you’re formally charged and enter a plea of guilty, not guilty, or no contest.
- Pretrial Conferences: These are meetings between your attorney and the prosecutor to discuss the case and potentially negotiate a plea bargain.
- Motions: Your attorney may file motions to suppress evidence or dismiss the case.
- Trial: If a plea bargain isn’t reached, your case will go to trial. You have the right to a jury trial, where the prosecution must prove your guilt beyond a reasonable doubt.
Throughout this process, you’ll need a skilled Los Angeles domestic violence lawyer to protect your rights and build your defense. At Spodek Law Group, we’ll be with you at every court appearance, fighting for the best possible outcome.
Sentencing
If you’re convicted of domestic violence, either through a plea bargain or at trial, the next step is sentencing. The potential sentence will depend on factors such as:
-- Whether the offense is a misdemeanor or felony
- The severity of the abuse
- Whether you have a prior criminal record
- Whether you’re placed on probation or sentenced to jail or prison
If you’re placed on probation, you’ll be required to comply with certain conditions, such as:
- Completing a batterer’s intervention program
- Obeying a restraining order
- Paying restitution to the victim
- Performing community service
If you violate the terms of your probation, you could be sent to jail or prison.At Spodek Law Group, our goal is always to achieve the best possible outcome at sentencing. We’ll present mitigating evidence and arguments to the judge to seek a lenient sentence. And if you’re placed on probation, we’ll make sure you understand the conditions and help you stay in compliance.
Defenses to Domestic Violence Charges
Just because you’ve been charged with domestic violence doesn’t mean you’ll be convicted. There are several potential defenses that a skilled Los Angeles domestic violence lawyer can raise on your behalf, such as:
- Self-defense or defense of others
- False accusations
- Insufficient evidence
- Mistaken identity
- Accident or misunderstanding
At Spodek Law Group, we’ll thoroughly investigate your case to identify the best defense strategy. We’ll gather evidence, interview witnesses, and if necessary, hire experts to testify on your behalf. Our goal is to get the charges against you dismissed or reduced.
The Importance of Hiring a Skilled Los Angeles Domestic Violence Lawyer
Facing domestic violence charges can be overwhelming. The stakes are high, and the legal system can be confusing and intimidating. That’s why it’s so important to have a skilled Los Angeles domestic violence lawyer on your side.At Spodek Law Group, we have the experience and knowledge to navigate the complex legal system and fight for your rights. We’ll be your advocate and your champion, working tirelessly to achieve the best possible outcome in your case.Don’t try to face domestic violence charges alone. Contact Spodek Law Group today for a free consultation. We’re here to help.
-Frequently Asked Questions
What is considered domestic violence in California?
In California, domestic violence is defined as abuse committed against an intimate partner, such as:
- Spouse or former spouse
- Cohabitant or former cohabitant
- Dating partner or former dating partner
- Co-parent
The abuse can be:
- Physical
- Emotional
- Psychological
- Financial
What are the penalties for domestic violence in California?
The penalties for domestic violence in California depend on factors such as:
-- Whether the offense is charged as a misdemeanor or felony
- The severity of the abuse
- The defendant’s criminal history
Potential penalties include:
- Jail or prison time
- Fines
- Probation
- Batterer’s intervention program
- Restraining order
Can domestic violence charges be dropped?
In California, once domestic violence charges are filed, only the prosecutor can drop them. The alleged victim does not have the authority to drop the charges, even if they recant their accusation or refuse to testify.However, an experienced Los Angeles domestic violence lawyer may be able to persuade the prosecutor to drop or reduce the charges in some cases.
What should I do if I’m arrested for domestic violence?
If you’re arrested for domestic violence, the most important things to do are:
- Remain calm and cooperative with the police
- Invoke your right to remain silent
- Invoke your right to an attorney
- Contact a skilled Los Angeles domestic violence lawyer as soon as possible
Remember, anything you say to the police can be used against you. Don’t try to explain your side of the story or argue with the police. Let your lawyer do the talking for you.
How can Spodek Law Group help me?
At Spodek Law Group, we’re dedicated to providing the highest quality legal representation to individuals facing domestic violence charges in Los Angeles. We have the experience, knowledge, and skill to:
- Thoroughly investigate your case
- Identify the best defense strategy
- Negotiate with the prosecution
- Fight for your rights in court
- Seek the best possible outcome in your case
We understand how stressful and overwhelming domestic violence charges can be. That’s why we offer free consultations and are available 24/7 to answer your questions and address your concerns. Contact us today to learn how we can help you.