Criminal Defense Attorneys in Los Angeles for Domestic Violence Charges
Understandably, California has many laws to protect persons from domestic violence, an area of criminal law that has become way too prevalent in many areas of the world, including Los Angeles. If you are charged with such a crime, however, there will likely be an inherent bias against you before you even set foot in court, which is why it is vitally important to retain a Domestic Violence Attorney In Los Angeles to interpose a strong defense.
A Domestic Violence Attorney In Los Angeles will be familiar with all laws relevant to domestic violence charges in Los Angeles that can be brought against you. They include the following:
a.13700 PC Domestic Violence–defined as abuse committed against an adult or fully emancipated minor who is the spouse, former spouse, cohabitant, former cohabitant, who has a dating relationship, former dating relationship, engagement relationship, former engagement relationship, or parties having a child in common.
b.273.5 PC Spousal Abuse or Cohabitant Abuse—where an actor (i) willfully inflicts corporal injury upon (ii) a spouse or cohabitant or parties with a child in common that (iii) results in a traumatic condition and (iv) a verifiable injury.
c.243(e)(1) PC Battery—when an actor (i) willfully and unlawfully uses force or violence against (ii) a spouse, cohabitant, parties with a child in common, non-cohabiting former spouse or fiancée or a person with whom the defendant currently has or has previously had a dating relationship regardless of sexual orientation but (iii) a visible injury is not necessary.
d.422 PC Terrorist Threats—when an actor (i) threatens to commit a crime which will result in death or great bodily Injury, (ii) the threat must be unequivocal, unconditional, immediate and specific and (iii) causes sustained fear for safety (iv) to a person or their immediate family.
e.646.9 PC Stalking—when an actor (i) willfully, maliciously and repeatedly follows or harasses or (ii) makes a credible threat (through a pattern of conduct by the suspect that a reasonable person would fear for their safety or that of their immediate family).
f.591 PC Malicious Destruction of Phone Lines—when an actor (i) unlawfully and maliciously (ii) takes down, removes, injures or obstructs (iii) any telephone, telegraph or cable TV line, or any other line used to conduct electricity.
g.273.6 PC Violation of Domestic Violence Protective Order—when an actor (i) intentionally and knowingly violates a domestic violence protective order
h.12028.5 PC Family Violence/Firearms Seizure—the police at the scene of family violence, involving a threat to human life or physical assault, may take temporary custody of any firearm or deadly weapon in plain sight or by consensual search for the protection of the peace officer or other persons present. The police may also retain the weapons up to 72 hours unless the weapons were seized as evidence or for an additional crime.
i.12021(g) PC Restrictions on Firearm Possession—an actor subject to a restraining order may not obtain, receive, purchase or otherwise acquire a firearm.
j.6389 PC Relinquishment of Firearms—this law prohibits person subject to a domestic violence protective order from owning or possessing a firearm while protective order is in effect.
As you can see, there are many laws regarding domestic violence in California for which a suspect may be charged. A domestic violence attorney should know them all, as well as how to defend such charges.
Defenses against domestic violence charges are often more difficult than other types of crimes due to the inherent bias against alleged criminals in light of the #MeToo movement and related issues. They may include:
a.The wrong suspect was arrested. Indeed, it was someone else who committed the abuse, something that can be demonstrated through presenting evidence as to whether the accused was near the scene of the alleged incident and whether he had a credible alibi.
b.The allegations were deliberately false. In child custody cases and other matters where there is deep hatred or other reason for seeking an advantage, individuals may make false allegations of abuse against partners. Top attorneys typically are able to find inconsistencies in an accuser’s story to help defend such accusations.
c.Self-defense. If the defendant can show that they reasonably perceived an imminent threat and the response was proportionate, self-defense is a viable defense.
d.The accuser consented to the act. This is most common in sexual assault cases and is very difficult to prove.
e.Lack of proof. Like any other crime, it is the prosecution that has the burden of proving that a defendant committed the acts. Without adequate proof, there can be no conviction.
No matter what, it is always best to retain a qualified attorney in Los Angeles to defend you against domestic violence charges, or accusations of any crime. Without expert assistance, you face the possibility of losing money, liberty and many other positives of life.