If you’ve been arrested or charged with a domestic violence crime in Los Angeles under Penal Code Section 273.5 PC, it’s crucial to understand your rights and seek immediate legal representation. In Los Angeles and across Southern California, law enforcement is mandated to make an arrest even with just the suspicion of domestic violence. This means you could be taken into custody based on minimal evidence. Contacting an experienced Domestic Violence Defense Lawyer like Michael Kraut at the Kraut Law Firm is your first step in navigating this challenging legal situation. Mr. Kraut has a proven track record of successfully handling hundreds of domestic violence cases in the Los Angeles area.
Understanding Domestic Violence Laws in Los Angeles
Domestic violence law is complex and has undergone significant changes, making it essential to have a knowledgeable domestic violence defense lawyer to safeguard your rights. Domestic disputes are rarely straightforward, often involving conflicting accounts and unclear facts. Police officers responding to domestic disturbance calls frequently lack the time and resources to fully investigate the situation on the spot. As a result, arrests are common, even when the circumstances are ambiguous. This is where a skilled domestic violence defense lawyer becomes invaluable.
Facing Domestic Violence Charges? You’re Not Alone.
It’s important to realize that being charged with domestic violence doesn’t always reflect reality. Minor disagreements, accidental physical contact, or even false accusations can lead to serious charges. While domestic violence is a serious issue, the legal system sometimes casts too wide a net. Political pressure often leads to the perception that all domestic violence incidents are severe assaults, which is simply not the case. Many situations arise from heated arguments, alcohol involvement, or misunderstandings that, without police intervention, might resolve themselves. Unfortunately, in some instances, individuals may also make false reports to the police, or law enforcement may misinterpret events in their reports.
With years of experience in criminal law, a seasoned domestic violence defense lawyer like Michael Kraut has seen numerous cases stemming from what was essentially mutual combat. When police arrive, someone is often arrested regardless of the full story. There are often valid defenses or mitigating circumstances in domestic situations. A dedicated domestic violence defense lawyer in Los Angeles will meticulously listen to your account, analyze the facts, and work to ensure your rights and best interests are protected. Often, incidents occur in the heat of the moment and are later regretted by all parties involved. However, once charges are filed, the alleged victim cannot simply drop the case, and prosecution can proceed even without their cooperation.
Domestic Violence: Felony or Misdemeanor Charges in California
In California, prosecutors have the discretion to charge domestic violence as either a felony or a misdemeanor, known as a “wobbler” offense. The severity of any injuries sustained by the alleged victim largely dictates this decision. If injuries are minor or non-existent, a misdemeanor charge is more likely. However, if there are significant injuries, such as broken bones or deep cuts, a felony charge is almost always pursued.
If “great bodily injury” is inflicted, the charge can also become a “strike” under California’s Three Strikes Law, carrying severe long-term consequences for future offenses. Past history of those involved also plays a significant role in the prosecutor’s felony/misdemeanor determination. A felony domestic violence conviction can lead to substantial jail time, along with mandatory fines, restitution, and court-ordered counseling. Restraining orders, preventing any contact with the alleged victim, including indirect contact, are also common.
An experienced Los Angeles domestic violence lawyer, particularly one with prior experience as a senior District Attorney, like Michael Kraut, significantly improves your chances of a positive outcome. In more serious cases, a lawyer can present mitigating facts to the police and prosecutor that could lead to reduced charges, from a felony to a misdemeanor. For misdemeanor cases, a domestic violence defense lawyer can work to prevent jail time, reduce charges to lesser offenses like disturbing the peace (an infraction), or even achieve a complete dismissal.
If you are facing domestic violence accusations in Los Angeles, Riverside, San Bernardino, or Orange County, seeking counsel from a Los Angeles domestic violence lawyer with extensive experience is paramount. If you have been involved in an incident and the police have been called, or if you are under investigation in the Los Angeles or Southern California area, contact Michael Kraut immediately. Mr. Kraut understands the gravity of these charges, knows the most effective defense strategies, and is dedicated to resolving your case while minimizing penalties and keeping you out of jail. Our domestic violence defense lawyer possesses in-depth knowledge of the law and the local legal system and has cultivated strong professional relationships throughout the Southern California legal community.
For a free consultation to discuss your defenses and understand your options, contact Michael Kraut at the Kraut Criminal & DUI Lawyers. He is available 24/7 at 888-334-6344 or 323-464-6453.
