If you’ve been charged with domestic violence in Los Angeles or Southern California, you should immediately call a Los Angeles Domestic Violence Attorney at KN Law Firm APLC. Attorney Chris Nalchadjian has extensive experience defending those who are charged with Domestic Violence crimes in Los Angeles, as well as Southern California.
About the Law of DV in California
Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.
According to the laws of domestic violence in California, “abuse” means (1) physically hurting or trying to hurt someone, intentionally or recklessly; (2) Sexual assault; (3) Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR (4) Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.
So, based on the definition above we understand that physical abuse according to California Domestic Violence laws is not just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following you, or keeping you from freely coming and going. It can even include physical abuse of the family pets.
Also, keep in mind that the abuse in domestic violence does not have to be physical. Abuse can be verbal (spoken), emotional, or psychological. You do not have to be physically hit to be abused. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused. Read more about domestic violence and abuse. If you live in a tribal community in California and are experiencing domestic violence, click to get more information.
Partner Related Domestic Violence Crimes
Violence and abuse at the hands of a loved one is frightening, degrading and confusing. Have you experienced this violence and abuse? If so, you are a victim of domestic violence. You are also the victim of a crime.
Despite your conflicting emotions, the legal system may be one of the most effective ways to protect yourself and your children. Below are the most Domestic Violence crimes committed against partners in Los Angeles, California.
Children Related Domestic Violence Crimes
There are many laws that protect children from harm in California. Often, a defendant will be charged with multiple offenses when a child has suffered due to their behavior. In the vast majority of cases, one of the charges that the defendant faces will be for child abuse, child neglect, or child endangerment.
Other Laws that Protect Children in California
While most cases will involve at least one of above mentioned four charges, there are many other more specific charges that a defendant can face under California law. A few of these other offenses are:
- PC 207: Kidnapping
- PC 273(g): Lewdness or drunkenness in the presence of a child
- PC 311: Child pornography
- PC 647.6: Annoying or molesting a child
The safety of children is prioritized in the California penal system. Many more laws beyond this protect the welfare of children in California.
Other Domestic Violence Crimes
Penalties and Consequences
Penalties of a Domestic Violence Conviction
If you are Arrested or facing Domestic Violence Charges in Los Angeles, you are facing jail time, exclusion from your home, and a criminal record. Trying to handle your situation without an experienced Domestic Violence Defense Attorney is like running into traffic with your eyes closed.
Most domestic violence crimes are a “wobbler” that can be filed as a misdemeanor or felony. The prosecutor will base their decision on the specific circumstances of the case, level of victim’s injuries, and the defendant’s prior criminal record. there are some filed as a felony.
List of the most common domestic violence crimes and penalties:
- Domestic Battery:
A misdemeanor crime that carries up to one year in a county jail, and fine up to $1,000.
- Corporal Injury to a Spouse or Cohabitant:
A “wobbler” and the penalties can include up to one year in a county jail, or up to four years in a California state prison for a felony.
- Criminal Threats:
A wobbler that can be charged as either a misdemeanor or a felony. A misdemeanor criminal threats carries up to one year in county jail. A felony criminal threats carries up to four years in prison and a “strike” under California’s “Three Strikes” law.
A wobbler carrying up to one year in county jail for a misdemeanor, or up to three years in state prison for a felony.
- Elder Abuse:
A wobbler that carries up to one year in county jail for a misdemeanor, or up to four years in a California state prison for a felony.
- Child abuse:
A wobbler that carries up to one year for a misdemeanor or up to three years in state prison for a felony.
- Child endangerment:
A a wobbler, but normally a misdemeanor that carries up to six months in a county jail.
Consequences of a Domestic Violence Conviction
If you are convicted of a domestic violence offense in Los Angeles California, you might face numerous collateral consequences that can lead to a devastating effect on many aspects of your life.
Since Domestic Violence are considered crimes of moral turpitude, then most non-U.S. citizen who is convicted of these crimes will be subject to deportation, exclusion from admission or even denial of naturalization (citizenship).
Also, you might lose your right to own or possess firearms for a specified period of time (sometimes could be a lifetime firearm suspension in California)
People with domestic violence convictions may be barred from applying for certain jobs and may have their professional licenses suspended or revoked.
Defense Strategies agains Domestic Violence Charges
As with any criminal charge under California law, the best defense will differ from case-to-case depending on the particular facts and circumstances of the case. Since the defendant will ultimately suffer the consequences if a defense is unsuccessful, the defendant must weigh their risk tolerance after being informed realistically of the chances of success by defense counsel.
Below are a list of the most common defenses if you have been charged with a domestic abuse related incident. Call us at any time to discuss the defense which fits your case the best.
Legal Advice and Free Consultation
Criminal charges and convictions for domestic violence have long-term consequences and shouldn’t be approached lightly. Working with an experienced criminal defense attorney can help if you’re facing these charges. Consider hiring Attorney Chris Nalchadjian from KN Law Firm, APLC for your case.
We offer you guidance through the entire process and understand how newer laws impact your case. Chris Nalchadjian has the experience and strategy needed to help you win your case. Contact us today for a free consultation.