Felony Domestic Violence in Los Angeles
Domestic violence is one of the most commonly reported crimes in Los Angeles County. In 2012, there were 39,253 reports of domestic violence. This figure represents 25% of all emergency calls to 911 in LA County.
Felony domestic violence in Los Angeles is a serious crime, and prosecutors are very aggressive with these types of cases in Los Angeles County. You face severe penalties if you are accused of this crime. That is why it is important to understand the charges you face and speak to an experienced criminal defense attorney immediately.
Penalties for Felony Domestic Violence in Los Angeles
Domestic violence crimes are typically wobbler offenses, meaning prosecutors have the option of charging you with a misdemeanor or a felony. A misdemeanor conviction carries a sentence of up to 364 days in jail and a fine of up to $6,000. A felony conviction is punishable by either two, three or four years in jail or up to six years in prison, and a maximum $6,000 fine.
Your punishment and fine can increase if you are convicted of a domestic violence charge within seven years of a prior conviction, if you’ve served qualifying prior prison terms or have any strikes on your record. Under these circumstances, you will be required to serve time in jail.
You also face many other consequences, including but not limited to:
- Being ordered to complete a 52-week domestic violence class;
- A protective or restraining order filed against you, prohibiting any contact with the alleged victim for up to 10 years;
- Up to a $5,000 payment to a battered women’s shelter;
- Loss of your custodial or visitation rights;
- Loss of your right to possess a firearm; and
- Deportation if you are not a U.S. citizen.
What is Domestic Violence?
Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an “intimate” relationship, which includes your current or former spouse, dating partner, roommates family members, and the mother or father of your child.
The domestic violence laws describe “abuse” as:
- Negligently or willfully causing physical harm to someone;
- Sexual assault;
- Frightening someone into believing they or someone else are about to be seriously injured;
- Behavior such as harassing, stalking, or threatening someone;
- Putting a child or elderly person in harm’s way or causing them to suffer;
- Disturbing someone’s peace; or
- Destroying someone’s personal property.
Physical abuse is not just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or chasing after your victim, or keeping your victim from freely coming and going.
Using a dangerous weapon, such as gun, knife or baseball bat to threaten your victim is also abusive and can lead to other charges being filed against you.
Abuse in domestic violence cases does not have to be physical. Abuse can be verbal (spoken), emotional, or psychological.
California Domestic Violence Laws
- Corporal or Spousal Injury (PC 273.5): inflicting bodily injury resulting in a “traumatic condition,” such as an internal or external wound, either internal or external.
- Domestic Battery (PC 243(e)(1): similar to corporal injury on a spouse, but no visible wound required.
- Child Abuse (PC273d): inflicting punishment or bodily injury on a child that is either cruel or inhumane. Exception made for parent-child spanking.
- Child Endangerment (PC 273a): putting a child in a situation likely to cause suffering or physical harm.
- Elder Abuse (PC 368): inflicting harm on or causing to suffer a person aged 65 or older.
- Criminal Threats (PC 422): verbally threatening someone with force or fear likely to cause great bodily injury or death. It does not matter if you intended or were even able to carry out the threat.
Contact Wallin & Klarich Today if you are Facing Domestic Violence Charges
A domestic violence conviction can have lifelong consequences beyond a jail or prison sentence. If you or someone you love has been accused of a domestic violence offense, you need to contact an experienced criminal defense attorney at Wallin & Klarich today. At Wallin & Klarich, our attorneys have over 40 years of experience successfully defending our clients facing domestic violence charges. Our first priority is to get you the best possible result in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our attorneys at Wallin & Klarich are available 24 hours a day, 7 days a week to make certain all of your rights are protected.
Call us today at (877) 4-NO-JAIL (877-466-5245) for a free telephone consultation. We will get through this together.
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