Los Angeles Domestic Violence Attorney

In California, police officers frequently make arrests in domestic violence incidents, especially when they notice injuries on the alleged victim or if the victim expresses fear of harm. Attorney Arash Hashemi personally takes on a wide array of domestic violence cases. With a deep understanding of the legal system, and commitment to vigorously defending his clients’ rights.

 

In California, the legal definition of domestic violence encompasses acts committed by specific individuals, including:

  • A fiancé or fiancée
  • A current or former spouse
  • A cohabitant
  • A dating partner
  • The parent of your child

For an act to qualify as domestic violence, it must involve abuse. Abuse is legally defined as the intentional or reckless infliction of bodily harm, sexual assault, or creating a reasonable apprehension of imminent serious bodily injury. This definition underscores the seriousness and breadth of behaviors that California law recognizes as domestic violence.

Types Of Domestic Violence Offenses

  • Child Abuse 
  • Child Endangerment
  • Corporal Injury to a Spouse or Cohabitant 
  • Criminal Threats
  • Domestic Battery 
  • Elder Abuse 
  • Intimidation of a Victim or Witness 
  • Revenge Porn 
  • Stalking 
  • Violation of a Protective Order 
An Insight into Domestic Violence: Understanding Penal Code 273.5(a) and Corporal Injury to Spouse

Is Domestic Violence a Felony or Misdemeanor?

The classification of domestic violence offenses as misdemeanors or felonies is determined by the specifics of each case. Factors such as the gravity of the offense, the degree of injury to the victim, and the defendant’s prior criminal record play a crucial role in this determination. Misdemeanor charges are generally applied to instances of less severe physical confrontations or threats, with consequences including fines, mandatory counseling, and potential jail time, typically not exceeding one year.

Felony charges are reserved for more grievous incidents, particularly those resulting in substantial bodily harm or involving habitual offenders. The penalties for a felony conviction in domestic violence are considerably more severe, encompassing extended prison terms, increased fines, and serious probation requirements. Understanding the nature of these charges is essential, as they carry significant legal and personal implications.

Penalties For Domestic Violence

Domestic violence charges carry significant legal consequences, varying between misdemeanors and felonies. Misdemeanor convictions may result in probation, monetary penalties, mandatory counseling sessions, community service, and up to one year in county jail. Courts may also issue protective orders to limit contact with the victim. Felony domestic violence charges bring more substantial repercussions, including extended probation periods, increased financial penalties, and lengthier sentences in state prison. The determination of penalties considers factors such as the presence of injuries, use of weapons, and previous domestic violence incidents. A felony conviction also leads to a lasting criminal record, loss of firearm rights, and potential negative impacts on future employment and housing opportunities.

Defending Against Domestic Violence Charges

Defending against domestic violence charges in California requires a detailed understanding of state laws and the specifics of each case. Key defense strategies often include:

  1. Challenging the Allegations: This involves scrutinizing the credibility of the accuser’s claims, looking for inconsistencies or motivations to fabricate the story.
  2. Self-Defense: Arguing that the accused was acting in self-defense or in defense of others, especially in situations where there was a reasonable belief of imminent harm.
  3. Lack of Proof: Emphasizing the prosecution’s burden to prove the case beyond a reasonable doubt. If evidence is insufficient or unreliable, it can lead to a dismissal or acquittal.
  4. False Accusations: Addressing cases where accusations are made out of spite, jealousy, or in the context of a custody battle, demonstrating that the charges are unfounded.

Contact Our Los Angeles Domestic Violence Attorney Today

Being accused of domestic violence turns your world upside down. At the Law Offices of Arash Hashemi, we defend clients in your situation on a regular basis. To speak to an attorney at our firm, call (310) 448-1529 or contact us contact us online. Our office is conveniently located in the Westside Towers in Los Angeles, within minutes of Santa Monica, Beverly Hills, Westwood, and steps away from the Expo/Bundy Station.

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