If you’ve been arrested or accused of domestic violence in Los Angeles, you’re likely feeling overwhelmed and uncertain about your future. The reality is that in today’s legal climate, even the suspicion of domestic violence can lead to immediate arrest under Penal Code Section 273.5 PC. Navigating these charges requires a skilled domestic violence defense lawyer who understands the complexities of California law and can effectively protect your rights. Michael Kraut of the Kraut Law Firm is a Los Angeles domestic violence attorney with extensive experience in this area, having handled countless cases throughout Southern California.
Understanding Domestic Violence Laws in Los Angeles
Domestic violence law in California is intricate and has evolved significantly, making it crucial to have a knowledgeable domestic violence defense lawyer on your side. Domestic disputes are rarely straightforward, and often involve conflicting accounts and nuanced situations. Unfortunately, law enforcement often arrives on the scene with limited resources to fully investigate the situation and determine fault. This frequently results in someone being taken into custody, regardless of the full context.
Facing Domestic Violence Charges: What You Need to Know
It’s alarming how easily a situation can escalate to criminal charges. Even minor arguments involving minimal physical contact can lead to domestic violence charges. While there’s a valid societal concern about serious domestic abuse, the reality is that many cases arise from heated arguments, often fueled by alcohol, that might otherwise resolve themselves without legal intervention. Sometimes, accusations are even fabricated to cause trouble for a partner. Furthermore, police reports can sometimes misrepresent or exaggerate the events that transpired.
With over 14 years of experience in criminal law, I, Michael Kraut, have seen numerous domestic violence cases stemming from mutual combat situations. However, when police arrive, someone is invariably arrested. There are often legitimate defenses and mitigating circumstances in domestic disputes. An experienced domestic violence defense lawyer in Los Angeles can thoroughly evaluate your case, listen to your account of events, and ensure your rights and best interests are protected throughout the legal process. Often, incidents occur in the heat of the moment, and upon cooler reflection, the individuals involved wish to move forward together. However, once charges are filed, the alleged victim cannot simply drop the case, and prosecution can proceed even without their cooperation.
Domestic Violence Charges: Felony or Misdemeanor?
In California, domestic violence charges are “wobblers,” meaning prosecutors have the discretion to file them as either felonies or misdemeanors. The decision hinges on an evaluation of the evidence, primarily the severity of any injuries. Misdemeanor charges are typically filed when injuries are minor or negligible. However, felony charges are almost certain in cases involving significant injuries like broken bones or deep cuts.
If the alleged victim suffers “great bodily injury,” the offense becomes a “strike” under California’s Three Strikes Law, carrying severe implications for future offenses.
The prior history of both parties involved also significantly influences the prosecutor’s decision regarding felony or misdemeanor charges. A felony domestic violence conviction can lead to substantial jail time, along with restitution, fines, and mandatory counseling. Courts may also issue restraining orders, prohibiting any contact with the alleged victim, including indirect contact through intermediaries.
Engaging a seasoned Los Angeles domestic violence lawyer with prior experience as a senior District Attorney, like myself, Michael Kraut, can dramatically improve your chances of a favorable outcome. In more serious cases, a skilled attorney can present mitigating facts to law enforcement and prosecutors, potentially leading to a reduction of felony charges to misdemeanors. For misdemeanor cases, a domestic violence defense lawyer can work to minimize penalties, aiming for outcomes such as avoiding jail time, reducing charges to lesser offenses like disturbing the peace (an infraction), or even achieving a complete dismissal.
Here are some common charges you might face, along with their Penal Code sections:
| Charge | Penal Code Section | Description |
|---|---|---|
| Domestic Battery | 243(e)(1) PC | Willfully and unlawfully touching a spouse, former spouse, cohabitant, former cohabitant, or person with whom the defendant has a child, in a harmful or offensive manner. |
| Corporal Injury to Spouse/Cohabitant | 273.5 PC | Willfully inflicting corporal injury resulting in a traumatic condition upon a spouse, former spouse, cohabitant, former cohabitant, or person with whom the defendant has a child. |
| Criminal Threats | 422 PC | Willfully threatening to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and causing that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety. |
| Stalking | 646.9 PC | Repeatedly following or harassing another person and making a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family. |
| Violation of a Restraining Order | 273.6 PC | Knowingly and willfully violating a court order. |
If you are facing domestic violence accusations in Los Angeles, Riverside, San Bernardino, or Orange County, securing the services of an experienced Los Angeles domestic violence lawyer is paramount. If you’ve been involved in a domestic dispute and the police have been called, or if you are under investigation in Southern California, contact Michael Kraut immediately. I understand the gravity of these charges, know the most effective defense strategies, and am dedicated to resolving your case while minimizing disruption to your life and avoiding jail time. My firm possesses extensive knowledge of domestic violence law and the local legal landscape, and I have cultivated strong professional relationships with law enforcement and judicial officials throughout Southern California.
For a comprehensive understanding of potential defenses in your case and to schedule a free consultation, please contact Michael Kraut at the Kraut Criminal & DUI Lawyers. You can reach me 24/7 at 888-334-6344 or 323-464-6453.
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