The relationships we have with spouses, family members, and dating partners all have their fair share of highs and lows. When you spend so much time with another person, disagreements are inevitable. Most of the time, arguments tend to resolve peacefully, and the couple is able to move on from the fight. However, there are times when emotions grow so intense that one or both partners feel out of control to the point where they do something they regret. In California, domestic violence-related offenses are taken seriously. Those convicted of a domestic violence crime may face penalties like jail time, costly fines, mandatory participation in therapy or anger management courses, among other consequences. Although most domestic violence survivor advocacy groups focus on providing services to female survivors of abuse at the hands of male perpetrators, it’s essential to recognize that anyone can be a perpetrator or survivor of domestic violence. As a woman charged with domestic violence in Los Angeles County, it can feel especially isolating and disorienting to find yourself in this situation. However, as intimidated and overwhelmed as you may feel right now, you do not have to move through the daunting criminal justice process on your own. Let’s take a look at what you need to know about women’s rights in domestic violence cases and how enlisting the guidance of a highly qualified and experienced Los Angeles County criminal defense lawyer can help you protect your legal rights and seek the most fair and favorable outcome possible, given the specifics of your case.
Understanding Domestic Violence Charges in Los Angeles County
When asked to provide a definition of the term “domestic violence,” most people picture one spouse or partner (usually a larger, aggressive male) inflicting physical harm on the other (usually a smaller female). While this dynamic is common, it’s important to understand that acts of domestic violence take many forms and that the legal definition encompasses much more than the willful infliction of physical harm from one partner to another. In fact, even the threat of inflicting physical harm on a spouse, dating partner, or ex can constitute domestic violence in Los Angeles County and may result in criminal charges. Most incidents of domestic violence are charged as either domestic battery under Penal Code 243(e)(1) or inflicting corporal injury on an intimate partner under Penal Code 273.5. Depending on the specific circumstances of the alleged incident, a domestic violence defendant may face misdemeanor or felony charges. Misdemeanor convictions, such as that for a domestic battery offense, are punishable by a sentence of up to one year in county jail, a fine of up to $2,000, or both. A felony conviction, however, carries steeper consequences, such as imprisonment in state prison for up to four years, up to $10,000 in fines, or both. Additionally, subsequent offenders who already have a previous domestic violence-related conviction on their record within the past seven years may face enhanced penalties for any new conviction (such as more expensive fines, additional jail time, and other, more severe penalties). Men and women charged with domestic violence have the right to seek legal representation as soon as possible to understand their rights and options better. Reach out to Los Angeles County’s trusted criminal defense firm today to learn more.
Can a Woman Be Charged With Domestic Violence in California?
People of any gender or sexual orientation can perpetrate acts of domestic violence. However, many male victims do not report the abuse because of a persistent social stigma that assumes survivors of domestic violence are always female. Many men feel ashamed to find themselves in an abusive relationship with a male or female perpetrator. According to recent statistics released by the Centers for Disease Control and Prevention (CDC), “Both women and men perpetrate stalking of men. Women were mostly the perpetrators of intimate partner violence against men.” Moreover, domestic violence can occur in same-sex relationships as well. In other words, women can abuse male or female partners and face criminal charges for such offenses. Although these incidents happen, many female perpetrators do not face investigations, arrests, or criminal charges because their partners do not report the abuse out of shame, fear, or other concerns.
Can a Woman Drop Domestic Violence Charges?
Most domestic violence crimes rely on the victim’s testimony, but there are exceptions. Since intimate partner violence typically occurs within the privacy of the couple’s home, prosecutors may only have the survivor’s words and allegations to present as evidence of the defendant’s guilt. In such cases, if the victim refuses to testify, prosecutors may have no choice but to drop the case. However, this decision belongs to the prosecutors and in many cases they find a way to proceed with a prosecution despite the victim’s refusal to cooperate. Moreover, prosecutors may use the survivor’s sudden desire to drop the charges against their spouse as an indication that they feel intimidated or pressured to do so and use it as further evidence of the defendant’s abusive behavior. Determining whether a particular case can continue without the victim’s cooperation requires a complex and nuanced legal analysis. Whether you are a defendant facing domestic violence-related charges or you have questions about domestic violence women’s rights in Los Angeles County, seeking the counsel of a highly regarded and knowledgeable criminal defense attorney is the best way to ensure that you can make informed decisions with greater certainty and confidence.
Take Steps to Protect Your Future Today
Facing criminal charges of any kind is an understandably intimidating and destabilizing experience. Suddenly, you face an uncertain future, and you wonder how this event will affect your life in the short and long term. However, before your mind assumes the worst possible outcome, reach out to a skilled and experienced criminal defense lawyer to discuss the specific details of your case. Together, you can determine the most appropriate and strategic path forward that protects your freedom and future as much as possible.
If you are facing domestic violence-related charges in Los Angeles County, you deserve trusted and effective legal representation to ensure your rights remain protected at every turn. Call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with a skilled and experienced criminal defense attorney.
