What Type Of Behavior Constitutes Domestic Violence In Los Angeles, California?

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Domestic violence encompasses the physical, mental, and verbal abuse of a spouse, a child, a close family member, or a roommate. It is a crime that can involve outright assault such as hitting, kicking, pushing, or punching or it may involve only name calling, threats, or intimidation. Domestic violence is one of many types of violent crimes that often go unreported, along with even more understated crimes, like stalking and intimidation. Due to the sensitive nature of domestic violence charges, it is especially important to find and hire an experienced domestic violence attorney, who can protect your legal rights, if you’ve been accused of domestic violence in the Los Angeles, California area.

As underreported as it is, domestic violence is still one of the most commonly charged crimes in California. It is very much commonplace for spouses or other types of cohabitants to argue but when those arguments turn violent, the police can be called and end up faced with dealing with this volatile situation. Political backlash has become associated with domestic violence and this puts pressure on police forces to make an arrest every single time they are called out to the scene of a domestic violence incident.

Emotions run high in these situations. People are upset and may be afraid to tell the truth about what actually happened. The police are forced to make decisions based on incredibly limited information and as a result, do not always come to accurate conclusions. This is where a Los Angeles, or California area domestic violence lawyer comes in and works to get your side of the story out there.

Could I Be Charged With A Felony For Domestic Violence In California?

In California, if you and your loved one were to get into an argument that escalated into a physical confrontation in which one of you suffered an injury such as a concussion, a black eye, a cut that requires stitches, a broken nose, or severe bruising, you could be charged with using physical force to inflict a traumatic condition on your spouse, family member, or roommate. A traumatic condition means a wound, minor or serious, that was caused by the direct application of physical force.

When they are determining whether you will be charged with a misdemeanor or felony count of domestic violence, the prosecuting attorney will consider not only the severity of each individual injury you caused, but also the total effect of all injuries inflicted upon the other person. In these cases, there is a good chance that the wounds you caused may be considered serious enough to warrant charging you with a felony. There are other circumstances that could also lead to you being charged with a felony case of domestic violence. For example, if you have a previous criminal conviction on your record for a violent crime within the past seven years, including crimes such as domestic battery and assault with a deadly weapon, the prosecuting attorney could decide to charge you with a felony form of domestic violence.

Felony domestic violence is a very serious charge and a conviction could change your life and future forever. If you are facing such a charge in the Los Angeles, or California, do not delay in contacting a highly skilled and experienced domestic violence attorney.

Can My Spouse Decide To Drop The Domestic Violence Charges Against Me In California?

There is a common misconception in domestic violence cases that the alleged victim can simply drop the charges against an accused defendant. This is absolutely not true. Just because your spouse or your family member wants to take back the accusation that they made when they were upset, it does not mean that the prosecuting attorney is then required to dismiss the case against the defendant. The way a domestic violence case is handled in California depends on the facts of that particular case and the strength of the state’s evidence. If there are no visible injuries, the victim’s story doesn’t add up, and they also decide to stop cooperating with the prosecutor, it will be a difficult case for prosecution to prove. However, they are never required to drop the charges against you based on a request from the victim. If there is a great bodily injury allegation involved in your domestic violence charge, it becomes paramount to hire a top-notch domestic violence attorney, who is essential in figuring out exactly what to do and how to best defend you in your Los Angeles, California area domestic violence case. If you have been charged with domestic violence of any sort in Los Angeles, call California domestic violence lawyer, Myles Berman to confidentially discuss your case.