Los Angeles Domestic Violence Attorney
Experienced Los Angeles domestic violence defense attorney, R. J. Manuelian has been successful in representing clients arrested or charged with domestic violence in California. Domestic violence allegations are serious and can land you in court even if the alleged victim recants a previous statement or insists that charges not be pursued. With special divisions often dedicated to the prosecution of domestic violence claims in many California counties, California is known for its tough stance on domestic violence prosecution. Los Angeles criminal defense attorney
Los Angeles Domestic Violence Lawyer
What distinguishes domestic violence from the illegal acts of assault and battery or a criminal threat is that the alleged victim is in an intimate relationship with the accused, usually a spouse, fiancée, cohabitation partner, dating partner, or parenting partner. Consequently, domestic violence allegations are highly emotional claims that often result in innocent people being wrongly accused in the heat of an argument or arrested for the crime when one partner in the relationship tries to gain the upper hand in a child custody dispute or divorce by a false allegation of domestic abuse.
A Domestic Violence Allegation Requires the Assistance of an Experienced Domestic Violence Defense Attorney
California domestic violence laws are strict. Any time police are called to a scene where violence is suspected, they are required to make an arrest when they establish that an aggressive action has occurred. Oftentimes that means that the police arrest the wrong person as a result of personal bias or unsubstantiated accusations. If you are involved in a domestic violence situation and are arrested for that involvement, remember you have the right to consult with an attorney before talking to police.
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Penalties for Domestic Violence Charges in California
California Domestic Violence Penalties
According to California Penal Code, it is illegal to use physical force or threaten to harm an intimate partner. Penalties for violating California domestic violence laws vary depending on the defendant’s previous criminal record and the seriousness of the injuries to a partner. Most counties, though, have a minimum 30-day jail sentence even if the incident is a first-time misdemeanor conviction. In addition, defendants who are convicted of domestic violence are typically required to participate in a 52-week domestic abuser class. The worst part of a domestic violence conviction is the taint the conviction puts on your criminal record that could have negative consequences when you try to gain employment, obtain state licensing, or apply for housing loans. Laws governing California domestic violence make the following actions illegal.
- The infliction of a corporal injury on a current or former spouse, cohabitant or parent of your child in violence that causes visible injury, even slight bruising or swelling. (PC 273.5)
- Infliction of battery, violence or force on an intimate partner; this doesn’t require a visible injury. (PC 243 (e) (1).
- Infliction of “corporal punishment or injury” on a child that is “cruel or inhuman” and causes injury. California child abuse law allows parents to spank children, but the spanking cannot be cruel or injure the child. (PC 273d).
- Endangerment of a child in your care or custody; this includes subjecting a child to anything that has the potential to harm the child or, in fact, results in harm to the child. (PC 273a)
- Infliction of physical or emotional abuse, neglect, financial fraud, or endangerment to a person over the age of 65. (PC 368).
- Communication of a threat of serious harm to another to create fear. (CPC 422).
Manuelian Law Firm
Address: 633 W 5th Street #5710, Los Angeles, CA 90071
Phone: (213) 401-2777