We are often asked what will happen to me if I get arrested for domestic violence in Los Angeles. I've been defending people now for 30 years who are charged with domestic violence cases.
Those domestic violence charges can take all different shapes and sizes. You could be charged with Penal Code Section 273.5 PC corporal injury to a spouse. You could be charged with Penal Code Section 243(e)(1) PC, domestic battery. You could be charged with Penal Code Section 242 PC battery.
There's a whole host of charges with domestic violence cases. For example, sometimes people will hold another person against their will – whether they lock them in a bathroom, grab them or restrain them and won't let them go, pull the phone out of the wall, break their cell phone – and then that person also gets charged with Penal Code 236 PC false imprisonment in addition to the domestic violence-related offense.
Other times, people may commit a sexual offense against an individual that they are allegedly battering under the umbrella of domestic violence, spousal abuse, or whatever the authorities call it.
So, when we say what is going to happen – if you're reading this article for the first time – you're going to be arrested if the police determine you battered your significant other and were the aggressor. That's a big issue because sometimes both parties are attacking each other, and then the police have to determine who the more guilty party is, and they call that party the aggressor – the more violent one.
Usually, the one who wins the fight is declared the aggressor, even though that really might not be the case. So, they arrest the aggressor. In this article by our Los Angeles criminal defense lawyers, we will examine this topic in more detail below.
What Are the Most Common California Domestic Violence Charges?
- Penal Code 243(e)(1) PC - Domestic Battery,
- Penal Code 273.5 PC - Corporal Injury to a Spouse,
- Penal Code 422 PC – Criminal Threats,
- Penal Code 273.6 PC - Violating a Restraining or Protective Order,
- Penal Code 273a PC - Child Endangerment,
- Penal Code 273d PC - Child Abuse,
- Penal Code 368 PC - Elder Abuse,
- Penal Code 136.1 PC - Witness Intimidation.
The Arrest and Booking Process at Jail
If you've already been arrested and are looking for an attorney, you know what happens when the police get there on a domestic violence call, and someone's been injured – they're going to arrest somebody.
The second thing is that they will take that person down to the police station and book them for domestic violence. Then, they will figure out what charges they're going to file against this person. What are they going to book them for? What are they going to claim they did wrong?
If you're married and get a battery charge against your spouse, they'll book you for Penal Code Section 273.5 PC. Sometimes, they'll book you for Penal Code Section 243(e)(1) if you're not married.
This charge is the battery on someone you're not married to in a domestic violence-type scenario – you're living with the person – whatever the case may be. So, the arrest occurs first. Secondly, they book you for certain charges, and then they'll hold you in custody until your court date unless you bail out. So, they're going to set bail on you.
Most times in LA, if you're arrested for domestic violence, and you probably know this if you've already been arrested, they set the bail at $50,000.00. Sometimes, I see them put the bail at $20,000.00.
I rarely see them release the person on their own recognizance in a domestic violence situation. They're usually going to make the person post bail to protect themselves – to show they're tough on domestic violence cases.
Los Angeles County Aggressively Prosecutes Domestic Violence
That's one thing about Los Angeles. I would say it's one of the toughest counties in the nation when it comes to prosecuting and arresting people for domestic violence. That's just the way we're set up. There are thousands of cases every month.
Many people have issues and arguments, and if they were brought to violence, they're going to end up with a domestic violence charge. So, if you bail out, they'll usually set your court date about a month away. Now, with the Coronavirus, it might be further than that.
If you choose not to bail out, the court must schedule your appearance within 72 hours. However, it's usually within a couple of court dates. Keep in mind that factors like quarantine can sometimes delay this process.
Stay-Away Protective Order
The next thing that's going to happen, once you do appear in court, is that they're going to hit you with a protective order, ordering you to stay away from the person that is your significant other that you supposedly battered while the case is pending.
Sometimes, we've been able to challenge that effectively. But depending on the type of case you have and how far away your court date is, we have to do many different things.
We're going to make you do some things leading up to the court date so we can have the best argument so you can stay with the other person if that's what you want to do.
Maybe you live with them, or you have kids—whatever the case may be. Many people want to stay with their significant other, even though the person was arrested for battery.
Also, the judge can set the bail at the arraignment, which is the first court day. They can raise, lower, or leave it the same, which is another reason you want to have an attorney right away to guard against the bail being raised so you go back into custody if you've posted the bail.
Setting a Court Date and the Discovery Process
After the initial arrest and booking, the next step is setting a court date. If you have legal representation, your attorney will engage with the prosecutor and gather all the necessary evidence, such as paperwork, video, or audio related to your case. This is a crucial step in building your defense.
Once all the evidence has been reviewed, your attorney will discuss the available options with you. This could include negotiating for reduced charges, providing a glimmer of hope and control in what can be a challenging and uncertain situation.
I've given you a thumbnail sketch of what will happen to you if you get arrested for a domestic violence case in Los Angeles. Some other things we talk about when we meet are the potential punishments, and that's another thing I will address in another segment, but I think you have an idea of what will happen to you.
Your best move is to get an attorney right away. Let the attorney start working for you and strategize to end up with the best result if you want a meeting with me. Pick up the phone. Ask for a meeting with Ron Hedding.
I can put my 30 years of experience to work for you. I worked for the DA's office in the early 1990s, and I've also worked for a Superior Court Judge. Finally, in 1994, I opened my practice, the Hedding Law Firm, and I've handled thousands of domestic violence cases. So, you've come to the right place. We offer a free case evaluation.
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