Experienced Domestic Battery Defense Lawyer in Los Angeles

Domestic battery is a serious offense under California Penal Code § 243(e)(1) PC. This statute makes it illegal to inflict force or violence on an intimate partner, including a spouse, former spouse, cohabitant, dating partner, or the parent of your child. Unlike other domestic violence charges, domestic battery does not require the victim to have visible injuries; the mere act of unlawful physical contact is sufficient for a charge.

If you are facing charges under this statute, it is crucial to start building a defense immediately to avoid the harsh consequences of a conviction. At The Law Offices of Arash Hashemi, we have been defending Los Angeles residents against various criminal charges since 2003. With over 20 years of experience, Attorney Arash Hashemi provides expert legal representation for individuals accused of domestic battery. Our firm meticulously analyzes each case, scrutinizes the evidence, and develops a strategic defense tailored to challenge the prosecution’s claims effectively.

Early intervention by our attorney can be critical to the outcome of your case. Addressing legal challenges promptly allows for the preservation of vital evidence, the mitigation of potential damages, and engagement in negotiations that may prevent the escalation of charges.

If you or someone you know is facing charges of domestic battery in Los Angeles, it is essential to seek experienced legal counsel immediately. Contact our office at (310) 448-1529 or fill out our online contact form to schedule a consultation. Attorney Arash Hashemi is dedicated to standing by you, providing unwavering support and strategic defense to secure the best possible outcome in your case.

Understanding Domestic Battery Under California Penal Code 243(e)(1)

Domestic battery under California Penal Code § 243(e)(1) PC is a misdemeanor offense involving the intentional and unlawful use of force or violence against an intimate partner. This charge does not require the victim to sustain visible injuries, making it a broad and often complex area of the law. Here’s what you need to know:

To secure a conviction under Penal Code § 243(e)(1), the prosecution must prove the following elements beyond a reasonable doubt:

1. Intimate Partner Relationship: The alleged victim must be someone with whom the defendant has an intimate relationship, as defined by the statute. This includes:
   • Spouse or former spouse
   • Current or former cohabitant
   • Fiancé(e) or former fiancé(e)
   • Dating partner (current or past)
   • Parent of the defendant’s child
2. Unlawful Physical Contact: The act must involve willful and unlawful use of force or violence. This can range from a simple push to a more forceful action. The key factor is that the contact was intentional and not accidental.
3. Lack of Visible Injury: Unlike other domestic violence charges, domestic battery does not require visible injuries. The mere act of unlawful physical contact, regardless of the injury, is sufficient for a charge.

Penalties for Domestic Battery Conviction in California

What Are the Penalties for a Misdemeanor Domestic Battery Conviction in California?

• Imprisonment: Up to one year in county jail.
• Fines: Up to $2,000.
• Probation: If granted probation, it typically includes conditions such as:
  • Regular check-ins with a probation officer
  • Participation in a batterer’s treatment program for at least one year
  • Compliance with protective orders
• Mandatory Counseling: Attendance in a court-approved domestic violence treatment program is often required as a condition of probation.

Aggravating Factors

• Prior Convictions: A prior conviction for domestic battery or related offenses can result in harsher penalties, including mandatory minimum jail sentences.
• Severity of the Incident: Cases involving more severe or repeated instances of domestic battery may result in more significant penalties and mandatory minimum jail sentences.
• Injury to Victim: Although visible injury is not required for a charge, if the victim does sustain injuries, the penalties may be more severe.

Defense Strategies for Domestic Battery Charges in Los Angeles

Self-Defense:

• Imminent Threat: You reasonably believed that you or someone else was in imminent danger of suffering physical harm.
• Necessary Force: You used only the amount of force necessary to prevent the harm.
• Proportional Response: The level of force used was proportional to the threat faced.

Defense of Others:

• Immediate Danger: The person you were defending was in immediate danger of physical harm.
• Reasonable Action: Your actions were necessary and reasonable to protect the other person.

False Accusations:

• Identify Motive: Highlight any potential reasons the accuser might have for making false claims.
• Expose Inconsistencies: Point out discrepancies in the accuser’s statements and testimony.
• Present Contradictory Evidence: Provide evidence, such as witness testimonies, communications, or alibis, that contradicts the accuser’s claims.

Lack of Evidence:

• Questioning Witness Credibility: Cross-examining witnesses to reveal biases, inconsistencies, or lack of reliability.
• Highlighting Gaps: Pointing out any gaps or weaknesses in the prosecution’s evidence.
• Providing Alibi: Demonstrating that the defendant was not present at the time and place of the alleged incident.

Consent:

• Mutual Agreement: Both parties agreed to the physical interaction.
• No Unlawful Conduct: The contact did not involve unlawful force or violence.

Accidental Contact:

• Lack of Intent: The contact was unintentional and occurred by mistake.
• No Willful Act: There was no willful use of force or violence.

Why Choose Our Experienced Domestic Battery Attorney in Los Angeles?

When facing charges of domestic battery, having a dedicated and experienced defense attorney is crucial. At The Law Offices of Arash Hashemi, we provide the expertise and support necessary to navigate these serious charges effectively. Attorney Arash Hashemi has been an active member of The State Bar of California since December 2002. With over two decades of experience, he has successfully handled a wide variety of criminal cases, including those involving serious domestic battery charges. His comprehensive understanding of California’s domestic violence laws and criminal justice system ensures that clients receive the highest level of legal representation.

Our firm takes a personalized approach to every case, meticulously analyzing the details to develop a strategic defense tailored to the specific circumstances. We scrutinize the evidence, challenge the prosecution’s claims, and work tirelessly to protect your rights and achieve the best possible outcome for your case.

Comprehensive Legal Services

We offer a full range of legal services to ensure that every aspect of your case is addressed:

• Consultation and Case Evaluation: We provide an initial consultation to discuss your case, evaluate the charges against you, and outline potential defense strategies.
• Evidence Review and Investigation: Our team conducts a thorough review of all evidence and, if necessary, performs independent investigations to uncover critical information that can strengthen your defense.
• Negotiation and Litigation: Whether through negotiation or courtroom litigation, we are prepared to fight for your rights and work towards a favorable resolution of your case.

Charged with Domestic Battery? Trust an Experienced Los Angeles Defense Attorney to Protect Your Rights

Domestic battery charges in California can have life-altering consequences, from jail time and restraining orders to a permanent criminal record that affects your future. At The Law Offices of Arash Hashemi, we bring over 20 years of experience defending clients in Los Angeles against domestic battery accusations, handling each case with the expertise and discretion it deserves. We know the impact these charges can have on families, careers, and reputations, and we are here to provide a strong, strategic defense.

Attorney Hashemi and our legal team will thoroughly review the details of your case, challenge weak evidence, and work toward a dismissal or reduction of charges whenever possible. Our goal is to protect your rights, minimize penalties, and help you move forward.

If you or a loved one has been accused of domestic battery, don’t wait to get experienced legal help. Contact our office at (310) 448-1529 to discuss your defense options. You can also schedule a 15-minute consultation with Attorney Hashemi through our secure online system. We are located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, and Westwood.

Schedule a Consultation:

• Phone: (310) 448-1529
• Email: Contact@hashemilaw.com
• Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
• Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.