Los Angeles Domestic Violence Lawyer

Los Angeles Domestic Violence Attorney

Have you been charged with domestic violence? If yes, then call Los Angeles domestic violence lawyer Ambrosio Rodriguez today for a free consultation at (213) 995-6767. Mr. Rodriguez is a former prosecutor with over 20 years of criminal law experience.

A domestic violence charge can have a severe impact on your life, especially if it involves physical abuse. In addition to facing jail time and financial penalties, you could be slapped with a restraining order–and you might even lose the right to see your children. You could face serious penalties even if it turns out you were falsely accused.

How Our Criminal Defense Lawyers Can Help if You’ve Been Accused of Domestic Violence

Criminal man with handcuffs being interviewed in interrogation room in LA

If you’ve been accused of domestic violence, you shouldn’t put your future in the hands of just any lawyer.

You need a Los Angeles criminal defense lawyer who is laser-focused on protecting your best interests.

At The Rodriguez Law Group, you can expect:

  • We will make a full investigation into the charges against you–and never rely on the prosecution’s evidence alone
  • A lawyer who understands the legal system and knows the prosecutors and judges
  • Someone who will listen to your side of the story and treat you with respect and dignity
  • A lawyer who will advocate fiercely on your behalf to protect your rights

Your future is too important to trust just anyone to handle your charges. Our lawyers’ primary goal is winning not guilty verdicts–or negotiating to have your charges dropped or reduced if possible. We have a proven track record of accomplishing those goals.

The Rodriguez Law Group is a full-service criminal law firm. We have the experience needed to effectively handle every aspect of your domestic violence case, from the actual criminal charges against you to fighting to prevent imposition of an overly-burdensome restraining order.

Our legal team is ready to go to work today. Whether you’ve already been arrested or have been served with a restraining order that prevents you from seeing a family member, call our law offices for a free consultation with an experienced Los Angeles domestic violence attorney.

Overview of Domestic Violence Laws in California

Domestic violence refers to a type of offense perpetrated against someone with whom you share a close relationship. Therefore, domestic violence is an area of criminal law that actually includes many different offenses. It is the relationship between the parties that elevates the offense to “domestic violence.”

Relevance of the Relationship Between Defendant and Accuser

Domestic violence can refer to a single act of physical, emotional, sexual or even financial violence against the victim. In most cases, the victim will point to a cycle of violence between the parties.

You might be charged with either misdemeanor or felony domestic violence under Section 273.5 of the California Penal Code if the alleged victim was:

  • A spouse or former spouse
  • A romantic partner
  • A former dating partner
  • A cohabitant or former cohabitant (roommate)
  • The parent of your child

In order to convict under Section 273.5 PC, the prosecution must be able to prove that you willfully inflicted bodily injury upon the victim. The prosecution must also prove that you and the victim had one of the relationships described above.

Our Attorneys Handle All Forms of Domestic Violence Defense

At the Rodriguez Law Group, we provide high-quality, experienced legal advice you can trust regardless of the charges against you. There is no cookie-cutter approach to building a defense to domestic violence charges. Domestic violence is a wide-ranging legal term that can encompass any number of situations.

Our domestic violence lawyers handle all types of domestic violence cases, including:

When faced with domestic violence charges, speaking with a lawyer can be the key to protecting your future and your personal relationships. Our criminal defense lawyers have the experience and legal knowledge to minimize the damage these allegations can cause.

If someone with whom you share a domestic relationship has accused you of a crime, don’t hesitate. Call today for your free consultation.

Domestic Battery

Domestic battery under California Penal Code Section 243(e)(1) is a misdemeanor-level crime. To convict, the prosecution does not have to prove an actual injury. It is most commonly invoked when the victim alleges pushing, shoving or a similar action.

Criminal Threats

Criminal threats can be either a felony or misdemeanor under California Penal Code Section 422. The district attorney must prove that you threatened violence against someone with whom you shared a domestic relationship. The severity of the crime depends upon the severity of the threat–as well as the general circumstances.

Stalking and Harassment

To convict under California Penal Code Section 646.9, the prosecution must generally prove that you repeatedly contacted the victim. The contact must have been made in a way that made the person reasonably fear for their safety.

What are the Punishments for a Domestic Violence Conviction in Los Angeles?

Los Angeles criminal courts take domestic violence charges extremely seriously. Even if the allegations are based on a verbal argument alone, you could be facing significant and life-altering consequences. If convicted on domestic violence charges, you could face:

  • Jail time (with the potential for mandatory minimum sentencing)
  • Financial penalties
  • Loss of child custody and visitation
  • A restraining order
  • Participation in domestic violence classes
  • Loss of your right to own a firearm
  • Immigration problems and deportation (domestic violence is considered a crime of moral turpitude)
  • Damage to your reputation
  • A lasting criminal record that you’ll have to disclose when applying for jobs, housing and more

Most domestic violence charges can be either a misdemeanor or felony charge. These offenses are known as “wobblers.” The prosecution has discretion to vary the charges based on the severity of the situation. You need an attorney who knows how the prosecution thinks and can skillfully negotiate to get your charges reduced or dropped.

Remember, if the prosecution chooses to proceed with felony charges and you have a prior felony conviction, California’s enhanced sentencing requirements will apply. The “three strikes” law under California Penal Code Section 667 could mean you will face life in prison.

Whether it’s your first offense or you have a prior record, domestic violence charges should never be taken lightly. Our lawyers will fight to protect your future. If possible, that fight will include negotiating behind the scenes to have charges reduced or dropped before trial becomes necessary.

Building a Strong Defense Against Domestic Violence Charges

In 2019, there were 161,123 domestic violence-related calls for help to California police. While domestic violence is clearly a serious problem in Los Angeles county, not all allegations of domestic violence are justified. When emotions are running high between two people involved in a personal relationship, false allegations are actually quite common.

A strong defense that will hold up in court is the key to success in any domestic violence cases. However, because no two cases are exactly alike, the strategy that will work for you depends on the circumstances. Potentially viable defense strategies may include:

  • Lack of intent. Most crimes require the prosecution to prove intent beyond a reasonable doubt. Establishing that you did not intend to commit the offense can work as a defense in some cases.
  • Innocence. Proving that you did not commit the crime, whether by use of an alibi defense, scientific or technological evidence, or otherwise, is always an option our lawyers investigate.
  • False allegations. Our lawyers can work to establish that the victim had a motive to falsely accuse you of a crime. We conduct a comprehensive investigation into the circumstances to get the full picture so that we can effectively defend your rights.
  • Self-defense. Domestic violence isn’t always one-sided. Maybe your partner attacked you and you only acted out of defense.

Navigating the criminal justice system in Los Angeles, California can be complicated enough. When the added stress of a volatile domestic relationship is thrown into the mix, it can be overwhelming for anyone.

At The Rodriguez Law Group, we are passionate about protecting your rights. We handle every aspect of your case, from investigation to fiercely advocating on your behalf at trial if needed.

With an experienced former prosecutor as your lead defense attorney, you can rest assured that we understand how the prosecution works. We know which defense strategies will work and how to present them. We also understand the mistakes that prosecutors and law enforcement tend to make in emotionally charged family law and domestic violence cases.

Contact an Experienced Los Angeles Domestic Violence Lawyer for a Free Consultation Today

Don’t let domestic violence charges ruin your life. You don’t have to go it alone. In fact, you shouldn’t. It becomes much too easy to say things you might regret when the emotional impact of domestic violence allegations are involved.

Simply call The Rodriguez Law Group to schedule a free consultation with an experienced Los Angeles domestic violence lawyer. We will sit down, listen to your story and discuss options for building a strong defense. Our lawyers serve clients throughout Southern California and Los Angeles, CA.

RESOURCES:

  1. DOMESTIC VIOLENCE ON WIKIPEDIA
  2. CALIFORNIA PENAL CODE SECTION 273.5
  3. CALIFORNIA PENAL CODE SECTION 243(e)(1)
  4. CALIFORNIA PENAL CODE SECTION 422
  5. CALIFORNIA PENAL CODE SECTION 646.9 
  6. CALIFORNIA PENAL CODE SECTION 273.6
  7. CALIFORNIA PENAL CODE SECTION 653m
  8. CALIFORNIA EVIDENCE CODE SECTION 1109

By Ambrosio E. Rodriguez