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 criminal record looks like.
Probation and 52-Week Domestic Violence Course
You also lose your ability to own, use or possess a gun or ammunition for ten years if you’re convicted of a domestic violence charge. And of course, the court is going to put a protective order in against you related to the other party that you supposedly battered and that protective order could be a full stay-away or it could be what’s called a level one protective order, which basically means that you can’t annoy, molest, stalk, harass or strike the other person during the probationary period.
If you do, you would violate probation and be subject to up to a year in custody. You would also be charged with a new offense.
Possible Upgrade to a Felony Case
So, that’s just the bare minimum. Then they’re going to look at other factors related to the case, like if the injury is really bad, they may want jail time in the case. They may upgrade the case up to a felony.
There’s all sorts of consequences that can be done related to a first-time domestic violence case. But typically, what it’s going to hinge on is exactly what happened in the case, how serious the injuries were and what your prior criminal record looks like.
So, that’s why it’s crucial if you’re charged with a first-time domestic violence case, you want to get an attorney who knows how to handle these cases and knows how to get a good result for you, and if you have to fight the case, knows how to fight the case. They’re going to make the victim come to court.
They’ll even arrest the victim and bring them in and make them testify. So, people who are calling me and telling me the victim doesn’t want to cooperate. That doesn’t help at all. That happens in almost every single case. The prosecutors know that. They’re aware of that and they know what to do to get around that and get the testimony in anyway.
Domestic Violence Defense Lawyer
Then you’ve got cases in first-time domestic violence matters where the victim wants to change their story. What the prosecutors will do is put them on the stand and have them change their story and then they’ll call the police officer in who took their original statement and they’ll look at the jury and say, of course they’re changing their story.
They’re trying to help the other party but look at the photograph of their injuries. How did they get those injuries? Those injuries match up with their story. That’ what they’re going to need to argue. That’s what they’re going to need to prove.
So, there’s a lot of things going on in these first time domestic violence cases. Your best first step is to get an attorney who has handled these cases before. I’ve handled hundreds of them. Let me guide you through the criminal justice system, make the right moves for you so you can get the best possible result.
Categorised in: Domestic Violence