Have you been falsely accused of domestic violence in Los Angeles, CA? If so, you may be wondering what steps you can take to protect your future and reduce your odds of being incarcerated. The team of experienced defense attorneys at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys has the answers you need.
3 Steps to Take When You Are Falsely Accused of Domestic Violence
- 1. Refrain from Speaking to Your Accuser
- 2. Begin Gathering Evidence of Your Innocence
- 3. Hire an Experienced Criminal Defense Lawyer
Taking these steps promptly can help protect your rights and increase your chances of a favorable legal outcome. Continue reading to learn more about each of these steps and understand how an experienced legal team can make a difference in your defense strategy.
Steps to Take When You Are Falsely Accused of Domestic Violence in Los Angeles
When an intimate partner accuses you of domestic violence in LA, it is vital that you make smart decisions if you wish to reduce your risk of going to jail or prison. Though every case is different, most people can benefit from following these simple steps:Refrain from Speaking to Your Accuser
When you first learn about your partner’s claims of domestic abuse, you may be tempted to talk to them in an effort to convince them to change their story. However, doing so is rarely a wise decision. This type of action is likely to be construed as an attempt to intimidate a witness by the police. It is for this reason that the skilled Los Angeles domestic violence attorneys at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys recommend that you refrain from speaking to your accuser until your case reaches its conclusion.Begin Gathering Evidence of Your Innocence
Quite often, the best way to prove that your partner’s accusations are false is to gather evidence that shows you did not commit the offense. In most domestic violence cases, this evidence comes in one of the following forms:- Witness testimony
- GPS data
- Electronic records
- Surveillance camera footage
Hire an Experienced Criminal Defense Lawyer in Los Angeles
Understanding California’s Domestic Violence Laws
The state of California has a wide variety of statutes on its books to deal with the issue of domestic violence, including:Domestic Battery
Per section 243(e)(1) of the California Penal Code, it is illegal for an individual to willfully use force or violence on an intimate partner. For the purposes of this law, the state of California considers the following parties to be intimate partners:- Spouses
- Former spouses
- Co-parents
- Engaged partners
- Dating partners
Corporal Injury to a Partner
According to section 273.5 of the California Penal Code, it is illegal to willfully inflict corporal injury on an intimate partner. Even a minor physical injury is enough for prosecutors to bring charges under this statute. In the state of California, corporal injury to a partner can be charged as a misdemeanor or a felony – depending on the seriousness of the victim’s injuries and the offender’s criminal history.Criminal Threats
Section 422 of the California Penal Code explains that it is illegal for an individual to threaten their intimate partner, or any other person, with serious harm or death – even if they do not intend to act on the threat. This offense is typically punishable as a misdemeanor in the state of California. However, prosecutors can upgrade it to a felony when the offender has a criminal history or uses a deadly weapon. No matter which of these criminal offenses you have been accused of committing, you can count on the attorneys at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys to help you fight to clear your name. Our industry experience and statutory knowledge mean that our legal team can handle even the most complex cases.Penalties for Domestic Violence Convictions in California
Punishments for Domestic Battery Convictions
Domestic battery is almost always classified as a misdemeanor in the state of California. If convicted of this offense, you may face:- Up to one year in county jail
- A fine of up to $2,000
- A permanent criminal record
- A restraining order
Punishments for Corporal Injury to a Partner Convictions
If the state of California convicts you of the misdemeanor version of this criminal offense, you could face:- Up to one year in county jail
- A fine of up to $6,000
- A permanent criminal record
- A restraining order
- Up to four years in state prison
- A fine of up to $6,000
- A permanent criminal record
- A restraining order
Punishments for Criminal Threats Convictions in LA
Should the state of California convict you of a misdemeanor criminal threats offense, you may face:- Up to one year in county jail
- A fine of up to $1,000
- A permanent criminal record
- A restraining order
- Up to four years in state prison
- A fine of up to $10,000
- A permanent criminal record
- A restraining order