Domestic Violence as a Felony or Misdemeanor

December 6, 2019 2:41 pm Published by
The dividing line between felony and misdemeanors as it relates to domestic violence-related offenses is important, because obviously, nobody wants to get hit with a felony, because if you get charged with a felony in a domestic violence case you’re looking at prison time, loss of weapons, loss of the ability to vote. There’s all sorts of bad things that flow from a felony.  Plus, when somebody runs your criminal… Continure reading

Reduced Charges in Domestic Violence Cases

December 5, 2019 4:03 pm Published by
What I notice is that a lot of criminal defendants when they’re being charged with domestic violence and it looks like they’re going to have to take a deal on their case because the prosecutors have good evidence against them. For example, they admitted everything when the police came to their own; their spouse or significant other has said a lot of bad stuff about them and there’s photographs of… Continure reading

Difficulties Prosecuting Domestic Violence Cases

December 2, 2019 3:44 pm Published by
The prosecutors do have a difficult road when it comes to prosecuting many domestic violence cases because a lot of times what happens — and they are used to this — is that the alleged victim decides they don’t want the person prosecuted. So, now the prosecutors have to deal with somebody in their own camp who is adverse to them and what they’re trying to do.  Realize, the prosecutors… Continure reading

What To Do If Charged With Domestic Violence

November 29, 2019 2:44 pm Published by
I would say probably one of the first and most important things to do if you’re charged with a domestic violence case is not to put yourself in a position where you’re having any more problems with the alleged victim in the case. This is a common problem that pops up and what will end up happening is number one, they’ll be a full protective order against you so you can’t… Continure reading

Consequences of a Domestic Violence Conviction

November 27, 2019 5:59 pm Published by
If you’re convicted of a domestic violence or spousal abuse case in Los Angeles, you could be facing up to a year in custody.  The sheriffs in LA county usually will let people only serve 10% to 25% of their sentence as of this posting on the website. However, they will keep domestic violence defendants longer in my experience than the average inmate.  That’s one of the crimes that for… Continure reading

First Offense Domestic Violence Case

November 25, 2019 5:22 pm Published by
People are shocked to know how seriously domestic violence cases are taken in Los Angeles county.  On a first offense there’s bare-minimum sentences that are going to be imposed by the prosecutors if they can find you guilty of a first-time domestic violence or spousal abuse case.  Those minimum sentences — that means there can be additional punishment depending on the circumstances — how bad the injuries were, what your… Continure reading

Common Defenses in Domestic Violence Cases

November 21, 2019 8:28 pm Published by
There’s a number of different defenses in domestic violence cases.  But obviously, before anybody is going to start telling you over the phone what your defense is, they’re going to need to know what the facts and circumstances are surrounding your case.  In other words, what happened?  How are you being accused, arrested, charged with domestic violence, and then you can start to develop your defense. The first step in… Continure reading

What is a Specific Intent Crime?

November 11, 2019 4:15 pm Published by
A specific intent crime has to do with a criminal defendant having the specific intent to commit a specific crime.  For example, let’s assume that the crime we’re talking about is attempted murder. In order to be convicted of attempted murder, one of the elements of the crime is that the defendant has to have the specific intent to kill the victim.  So, for example, if you take the Reginald… Continure reading

What Should I Do If Police Want To Search My Home?

November 4, 2019 4:52 pm Published by
Obviously, the easy answer to this question is don’t let them, but the police are little bit more persistent than that and a lot of times they will get a search warrant to search your house.  If they come with a valid search warrant, then you ought to just get out of their way and let them search the home. You certainly don’t have to provide any statements to them… Continure reading

When is Defense of Others a Valid Defense?

October 28, 2019 4:16 pm Published by
Defense of others you don’t see a lot in criminal defense.  I’ve been doing this for twenty-five years.   Very rarely see it used as a defense.  Once in a while where it comes into play is where somebody does something to another individual or individuals in defense of another person. For example, of somebody were beating somebody up and another person came in and knocked that person down, hit them… Continure reading