The severity of domestic violence in Los Angeles County is a shocking reality. Prosecutors are mandated to impose bare-minimum sentences for first-time domestic violence or spousal abuse cases, with additional punishment based on the severity of injuries and your criminal record.
The minimum punishments are three years of probation and a 52-week domestic violence course where you have to do it once a week for 52 weeks and pay for the system. 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 will put a protective order against you related to the other party you supposedly battered. That protective order could be a full stay-away, or it could be a level one protective order, which means that you can't annoy, molest, stalk, harass, or strike the other person during the probationary period. You would violate probation and be subject to up to a year in custody if you do. You would also be charged with a new offense. Our Los Angeles criminal defense lawyers will cover this topic below.
Possible Upgrade to a Felony Case
However, the bare minimum is just the beginning. The severity of the injuries and other factors can escalate the case, potentially turning it into a felony.
There are some consequences for a first-time domestic violence case. But typically, what it's going to hinge on is precisely what happened in the case, how severe the injuries were, and what your prior criminal record looks like.
Therefore, if you're facing a first-time domestic violence case, it's crucial to seek the expertise of an attorney who is well-versed in handling such cases. They can navigate the legal complexities and fight for the best possible outcome, including making the victim testify in court.
They'll even arrest the victim, bring them in, and make them testify. So, people call me and tell 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 any way.
Domestic Violence Defense Lawyer
Then you've got cases in first-time domestic violence matters where the victim wants to change their story. The prosecutors will put them on the stand and have them change their level, and then they'll call the police officer who took their original statement, 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's what they're going to need to argue. That's what they're going to need to prove.
So, many things are 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 taken hundreds of them. Let me guide you through the criminal justice system and make the right moves for you to get the best possible result.