With a wealth of experience spanning over 30 years, I've successfully defended numerous attorneys facing domestic violence charges in Los Angeles.
This is a crucial time in your life because being arrested, posting a $50,000.00 bail, and appearing in court is not only embarrassing, but it could have many collateral consequences, including the loss of your professional license to practice law.
At this critical juncture, you need a serious, determined, and experienced guide who has traversed the path you're about to embark on. This will provide you with a profound sense of security and confidence in navigating your legal journey.
I've handled these cases for over 30 years, working for the district attorney's office, a superior court judge, and the State Bar of California.
But most importantly for you, I've handled hundreds of these cases on the defensive end since the early 1990s. I know what it takes to be successful.
Review of the Case Details
Our first step is a confidential consultation under the attorney-client privilege. This is where we map out the best strategy for your case, putting you in the driver's seat of your legal journey.
Sometimes, we're going to fight the case. We're going to gather evidence. We're going to investigate, and we're going to be ready to try the case in front of a jury to give you the hope of a not-guilty verdict.
Other times, the government and the prosecutors have evidence against you, and in this situation, we need to put together a mitigation package. This package includes character letters and other evidence that show you are a good person, which can help mitigate the impact of the charges against you.
We must get moving on this right away and decide right away about what direction we will take. That way, all of our efforts are put into the right strategy. It gives you the empowering peace of mind of taking control of your life and your criminal case.
Another issue that is important for remaining in your home in domestic violence cases is injury. If the victim has no injury, that puts you in a powerful position to make a reasonable argument to stay in your home while the case is pending in court.
Because most of the time, unless someone's threatening to kill somebody, I see prosecutors struggle to prosecute cases where there's no injury.
Standard Domestic Violence Charges in Los Angeles
- 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 368 PC – elder abuse,
- Penal Code 273d PC – child abuse,
- Penal Code 273a PC – child endangerment,
- Penal Code 136.1 PC – witness intimidation,
- Penal Code 646.9 PC – stalking,
- Penal Code 653m PC – annoying phone calls,
- Penal Code 273.6 PC – violating a restraining order,
- Penal Code 594 PC – vandalism.
Corporal Injury to a Spouse – Penal Code 273.5 PC
California Penal Code 273.5 PC covers the crime of corporal injury to a spouse. It's defined as willfully inflicting a physical injury resulting in a traumatic condition on an intimate partner. Usually, the injuries are visible but could also include internal injuries.
PC 273.5 says the law will apply if the victim is one or more of the following:
“(1) The offender's spouse or former spouse. (2) The offender's cohabitant or former cohabitant. (3) The offender's fiancé or fiancée, or someone with whom the offender previously had an engagement or dating relationship. (4) The mother or father of the offender's child.”
Some common examples of injuries would include scratches, bruising, swelling, a broken nose, or a concussion. A traumatic condition means a wound or other bodily injury caused by a direct application of physical force.
However, the injuries don't have to be substantial. Minor injuries, such as an abrasion, small cut, or sprained ankle, might be sufficient to secure a conviction.
Under PC 273.5, corporal injury to a spouse is a “wobbler.” This means that the prosecutor can file the case as either a misdemeanor or felony crime, depending on the severity of the offense and other factors. Understanding this can help you prepare for the potential outcomes of your case.
If convicted of either a misdemeanor or felony case of corporal injury on a spouse and sentenced to probation, which is commonly known as a “suspended sentence,” your probation conditions will typically include the following:
- Mandatory 52-week batterer's treatment program;
- Reimbursement of expenses for the victim to attend counseling;
- Up to a $5,000 payment to a battered woman's shelter.
Protective Order
Another thing that you should be mindful of is that when you appear in court, you will be ordered to stay 100 yards away from your significant other, called a protective order. That isn't easy if you live with your significant other.
Therefore, we immediately start working on this, making the necessary arrangements to ensure you are in the best possible position moving forward and addressing your needs before they become a concern.
You've come to the right place. If you need the best – if your license is on the line, your record is on the line, or your life is on the line, pick up the phone now. Ask for a meeting with Ron Hedding; if you're charged with a domestic case, you're an attorney and need assistance.
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