Domestic Violence in California

LA Domestic Violence Attorney

LOS ANGELES DOMESTIC VIOLENCE LAWYER
Domestic violence cases are especially complex and courts in California deal with them as such.  Heated arguments sometimes lead to false accusations.  At the same time, real victims of serious domestic abuse are often unwilling to come forward.  This makes Domestic Violence cases particularly difficult for law enforcement, prosecutors, victims and the accused.  Domestic Violence incidents are typically charged under one of two penal code sections.  PC 273.5 makes it a crime to inflict a visible injury on a spouse, cohabitant, former cohabitant, etc.

In LA, the District Attorney's office has a special unit assigned to domestic violence cases.  These prosecutors get extensive training in domestic violence cases, have generally smaller caseloads, and have a wealth of investigative resources at their disposal.  Not only does the arresting agency assign a detective to domestic violence arrests, but the District Attorney and City Attorney have investigators dedicated to pursuing defendants in domestic violence cases.

PC 273.5 can be charged as either a misdemeanor or felony and can carry a sentence of up to 4 years in state prison.  PC 243(e)(1), spousal battery, is a battery committed upon someone with whom the defendant has or has had a relationship.  Unlike PC 273.5, spousal battery does not require a visible injury.  PC 243(e)(1) is a misdemeanor and carries a sentence of up to one year in the county jail.  Moreover, when injuries are severe enough, the government can charge a Great Bodily Injury (GBI) allegation, which could add more years to a possible prison term.  All domestic violence offenses are also subject to the imposition of mandatory domestic violence and/or anger management counseling classes.  Other collateral consequences include firearm/weapon bans, immigration consequences and more.

Effective representation early on from a knowledgeable, dedicated criminal defense attorney is imperative in domestic violence cases.  With special prosecutors assigned to the cases, it is important to match the skill and attention that the law enforcement side places on domestic violence cases.  Through careful case management and powerful negotiation, your Los Angeles Domestic Violence lawyer can help you fight the charges.

The sooner after arrest that you get an attorney involved the better.  If the accusation was a false accusation and the complaining witness is willing to now admit that, your Los Angeles criminal defense attorney will have a private investigator interview the witness and get the truth out.  This statement can be used to influence the police, prosecutor or judge in different ways, all aimed at helping you avoid a conviction or jail time.

If you, your spouse, significant other or family member has been arrested for domestic violence charges in Los Angeles, you need a skilled, passionate attorney on your side.  Contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.  An arrest does not have to mean a conviction.  You have defenses and you have rights.  Let us fight for you.

Child endangerment and child abuse charges

NOTE:  
The District Attorney's Office and various City Attorney Offices in LA County often do not follow proper subpoena procedure.  A subpoena is only valid if personally served upon the witness.  What prosecutors often do is, they will send a letter in the mail, often insinuating that the witness will go to jail unless they appear at court.  

EXAMPLE:
Nate and Erica live in Los Angeles, Hollywood to be specific, and have been married for two years.  Nate works at a bar in Pasadena, and Erica is a graduate student at UCLA in Westwood.  They have a generally happy marriage, but, like all couples would occasionally argue about money, future plans, and other things that would occasionally annoy them.  One night, they got into an argument, and Erica threw a plate at Nate.  The plate hit Nate in the head, causing a small cut on the right side of his forehead.

Angry, Nate called 911 and told the 911 operator that his wife had thrown a plate at him.  LAPD officers arrived quickly and knock on the door.  Nate, though still bleeding, is not upset with Erica anymore and tells the officer that nothing happened.  The officers ask Nate to open the door, and he lets them in.  The police again question Nate and Erica about what happened, noticing the cut on Nate's head.  Nate says that he did not want to press charges and did not want the police involved. 

Despite Nate's desire not to have Erica arrested or prosecuted, Erica is placed under arrest for a violation of California's Domestic Violence laws, specifically, she was charged with violating PC 273.5 (felony), and held on $50,000 bail.  Nate bails Erica out of jail that night, and they hire a Los Angeles Criminal Defense Attorney in the morning.  The attorney advises Erica of her rights, the charges, what the DA will be looking to do in her case, and the different ways that they can proceed to best protect her from the charges. 

Erica's lawyer gets in touch with the investigating detective, urging that the matter be referred to the City Attorney as a misdemeanor, and not to the DA as a felony.  The detective agrees and the City Attorney gets the case and starts to make its filing decision.  At this stage, depending on the strength of evidence, it is possible that the City Attorney will agree not to file the matter at all, and hold an office hearing.  They might also file misdemeanor charges.  Due to Erica's lack of record and persuasive argument from her attorney, the City Attorney agrees not to file the matter.  Erica not only avoids a conviction or jail time, but does not have to even go to court.

If you have been arrested or charged with a domestic violence matter in Los Angeles or Southern California, contact the Law Offices of Nicholas Loncar today for a free consultation.  Having a passionate, knowledgeable attorney on your side, helping you assert your defenses and present evidence for your side gives you the best chance.  Call us to find out how a Los Angeles Criminal Defense Attorney can help you.  213-375-3775

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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