Relationships between spouses, dating partners, exes, and close family members are inherently complex. Arguments arise from time to time, and the intensity of our emotions may prompt us to say and do things we don’t mean. While most disagreements resolve with the passage of time and clear, open communication between both parties, some disputes become more heated, and one person may lose control. If you are facing domestic violence accusations in Los Angeles County, it’s natural to feel overwhelmed and even intimidated by the situation you find yourself in. It’s common to feel misunderstood during this process, and your initial instinct may be to attempt to explain yourself or the situation to law enforcement officers. However, it’s essential to recognize that any statements you make can be used by law enforcement or prosecutors to build their case against you. Instead, it’s best to understand your legal rights at every stage of the legal process to ensure that you can maximize your chances of obtaining a fair outcome. For example, domestic violence defendant rights include the right to seek legal representation, the right to remain silent, and the right to a fair trial, to name just a few. This post will explore how domestic violence cases typically proceed in Los Angeles County and how enlisting the guidance and support of a highly qualified and experienced criminal defense lawyer can help you understand your legal rights and uphold them at every turn.
Types of Domestic Violence Accusations in Los Angeles County
Domestic violence encompasses virtually any crime committed where the victim is a spouse, dating partner, an ex, a parent or child, aunt or uncle, niece or nephew, etc. Domestic violence charges in California usually fall under two categories: Domestic battery and inflicting corporal injury. While there is no exact “domestic violence” crime defined under California law, incidents of violence or abuse between spouses, intimate partners or family members can lead to domestic battery or inflicting corporal injury charges. Below is a brief overview of these charges and their potential penalties.
Understanding Domestic Battery Charges
California Penal Code sec. 243(3)(1) states, “When a battery is committed against a spouse, a person with whom the defendant is cohabitating, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship,” the defendant may be charged with a misdemeanor offense. A conviction for misdemeanor domestic battery in Los Angeles County is punishable by up to one year in county jail, up to $2,000 in fines, or both (among other penalties and restrictions to the defendant’s freedom).
Inflicting Corporal Injury to a Spouse
Depending on the specifics of the case, prosecutors may charge the defendant under California Penal Code sec. 273.5, which reads, “Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim…is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison of two, three, or four years, or in a county jail for not more than one year, or by a fine of up to $6,000, or by both that fine and imprisonment.” In other words, willfully causing harm to a current or former spouse, dating partner or co-parent may result in a felony charge that carries serious consequences. If you have questions about the nature and implications of the domestic violence allegations you are facing, get in touch with a highly skilled Los Angeles County criminal defense attorney who can provide you with the answers you need to face the future with greater certainty.
Recognizing Domestic Violence Defendant Rights in California
If law enforcement shows up at your residence and arrests you for a domestic violence-related offense, resist the urge to explain the situation to the arresting officer to clear up any misunderstandings– conversing with law enforcement is highly discouraged. While it’s important to comply with the officers during your arrest, you can exercise your Constitutional right to remain silent in order to avoid making any potentially incriminating statements. In addition to your legal right to remain silent, you have the right to seek legal representation and a right to a fair trial.
I Was Accused of Domestic Violence—Now What?
Being accused of domestic violence in Los Angeles County can be disorienting, as your future is suddenly uncertain. However, it’s essential to understand the accused’s rights and advocate for your best interests by exercising these Constitutional rights. Even if a law enforcement officer claims to be “on your side” in an attempt to hear “your side of the story,” it’s your right to remain silent until you have discussed the situation with your Los Angeles County criminal defense attorney. Moreover, you have the right to request that your attorney remain by your side during any part of the investigation or criminal justice process. Your attorney can examine every detail of your case to ensure that your trial proceeds fairly and that any evidence has not been obtained unlawfully. In some cases, a skilled domestic violence defense lawyer can identify evidence that shows that law enforcement violated the defendant’s legal rights in some way, which the attorney can then use to challenge the prosecution’s case or invalidate the legal proceedings. No matter what the specific circumstances of your situation may be, working with a dedicated and knowledgeable attorney who will answer your questions, address your concerns, and advocate for your best interests is highly recommended to maximize your chances of obtaining the best possible outcome.
Facing criminal charges of any kind in Southern California can be overwhelming and intimidating. However, you do not have to navigate this challenging time on your own. Call Wegman & Levin right away at (818) 980-4000 to arrange a free consultation with a dedicated and experienced Los Angeles County criminal defense lawyer.
