L.A. Lawyer Combats False Accusations of Domestic Violence
Let an experienced criminal defense attorney clear your name
Whether you were accused of domestic violence after a heated disagreement or because your spouse is hoping to gain an edge in an upcoming divorce, a knowledgeable defense lawyer can help you. After practicing criminal law for more than 10 years, we at the Law Offices of Arash Hashemi know that in some domestic violence cases, the victim isn’t really a victim at all. When you retain us, we immediately begin working to disprove your accuser’s false allegations and protect your reputation.
Understanding California’s aggressive arrest policy
Contrary to popular belief, California is not a mandatory arrest state when it comes to domestic violence. In mandatory arrest states, when police are summoned to a home on a domestic violence call, they are required to make an arrest. California, on the other hand, follows a policy of pro-arrest — also referred to as preferred arrest. Under this model, police are encouraged, using their discretion, to make an arrest. Unfortunately, this can sometimes benefit a false accuser.
Falsely reporting a crime is a crime
In Los Angeles and throughout California, it is illegal to falsely report a crime to a police officer, prosecutor, grand jury or other state or local authority. Accusers may be protected if they make the report in good faith; i.e., if they had reason to believe a crime actually was occurring.
Anyone accused of falsely reporting a crime may be charged with a misdemeanor and could face up to six months in jail. The factors a judge considers when determining how much jail time a false accuser should receive include:
- The accuser’s criminal history
- The impact of the false report — was an innocent person incarcerated?
- The motivation for the false allegation
Handling a false accusation of domestic violence
When an alleged victim accuses you of domestic violence, police generally move quickly to arrest you. If you are falsely arrested for domestic violence, remain silent until you are allowed to speak to a criminal defense lawyer in L.A. With your attorney’s help, you can gather evidence and witness statements to prove that you are the victim of a false report.
A lawyer who’s ready to stand by your side
If you have been falsely accused of domestic violence, we at the Law Offices of Arash Hashemi are prepared to fight zealously to defend you. If you would like to arrange a consultation with an attorney at our firm, contact us online or call (310) 894-8548. Our office is in the Westside Towers in Los Angeles, within minutes of of Beverly Hills, Santa Monica, Brentwood and Westwood. We have flexible office hours, and we will visit you in jail to discuss your case.