Being charged with domestic violence is a serious offense in Los Angeles, and the penalties associated with this crime could not only affect your rights in a negative manner, but this type of conviction could have a negative impact on your reputation for the remainder of your life.
Once the 911 Call has Been Placed…
If a 911 call is placed in Encino, CA, men are almost always charged with domestic violence, even if the men have not committed any type of crime. This is unfair, but without an experienced Los Angeles criminal defense lawyer, the domestic violence charge will more than likely stick.
Domestic violence charges are not only embarrassing, but they generally expose personal information and issues throughout the trial. When you are charged with domestic violence, you are more than likely being charged based on someone else’s statement. In some cases, people act out of spite and file a complaint even when no domestic issue has taken place. Having a Los Angeles domestic violence attorney could help plead your case, especially if you were falsely accused, or set up for a crime that you did not commit.
Domestic Violence Criminal Charges
In Los Angeles, a domestic violence is known as a “wobbler offense.” This means that the prosecution has the right to file a misdemeanor domestic charge against you, or he could file a felony domestic violence charge; it is at his discretion. A prosecutor typically takes a few factors into consideration when determining if you will be charged with a misdemeanor or felony. Some of those factors include:
• Was the victim a child or adult?
• Were the injuries serious; were the injuries fatal?
• Was a weapon used at any time during the commission of the crime?
• Do you (the defendant) have a prior criminal record: does your criminal record have a history of violence or abuse?
• Did you violate a restraining order by coming within contact of the victim?
• Were you (the defendant) high on drugs or under the influence of alcohol during the time that the crime was committed?
Misdemeanor convictions in a domestic violence case carry penalties of up to three years probation, one year of prison time, and fines up to $10,000 (depending on the number of previous domestic violence offenses). If you or a loved one is convicted of a felony domestic violence in Los Angeles, the penalties are enhanced. You could face up to five years in a state prison, in addition to costly fines.
Regardless if you are charged with a misdemeanor or felony domestic violence in Encino, CA, the charge could have a negative impact on your life now, and going forward. The penal codes for some of the most common domestic violence charges include:
• California Penal Code 273.5 – This pertains to what is known as a corporal injury. It occurs when extreme violence committed on a spouse or co-habitant leads to physical injury.
• California Penal Code 243 (e) (1) – Is known as domestic battery; this is when a person attempts to cause injury to a spouse or co-habitant. The government does not need to prove that a physical injury occurred in this case.
• California Penal Code 422 – This penal code pertains to a person who makes criminal threats toward another individual.
• California Penal Code 273.6 – This occurs when the defendant knowingly violates a domestic violence protection order.
• California Penal Code 273D – This is known as child abuse, and occurs when an adult causes a child to suffer from a physical injury.
• California Penal Code 646.9 – This occurs when a person repeatedly or maliciously follows, harasses, and makes credible threats to another person with the intent to make that person fear for their safety. This penal code pertains to stalking in-person, as well as cyber-stalking via the internet and other forms of communication.
The after effects of a domestic violence are just as negative as the case itself. If convicted of this crime, the privileges that you may take for granted are sure to be stripped away from you. You will not have the ability to hold a public service job if you are convicted of a domestic violence, including social services, law enforcement, teaching, or within the fire department. When it pertains to general employment, you could potentially lose your current job as well, especially if you are currently working in a position that requires you to carry a weapon.
A domestic violence conviction is considered a part of public record, which means that you could remain in a domestic violence database for the rest of your life. These are some of the many reasons why you should seek out a domestic violence attorney in Encino, CA.
When you or a loved one are looking for Domestic Violence Attorneys in Encino, CA, look no further than the A&T Legal Group. Our team of lawyers will work hard to make sure we find the best solution for your case, in order to receive the most positive outcome possible. Call today to schedule your free consultation.
When you want the best Los Angeles domestic violence lawyer, you want an attorney from the A&T Legal Group!