DOMESTIC VIOLENCE
NOTICE: The following is provided for general informational purposes only. The law on this topic changes periodically and may be outdated or may not apply to your case and specific facts. The information provided on this site should not be relied upon without consultation with a licensed attorney in your state.
By Mark Johnson
Domestic violence is a serious criminal charge that is charged as a misdemeanor or felony and has serious consequences including in the loss of the privilege to own or possess firearms, arrest, payment of fines, and participation in an anger management course.
I have been successful in obtaining complete dismissal of charges, not guilty verdicts after trial, in addition to the reduction of charges in many domestic violence cases.
Domestic violence cases and DUI cases are among the crimes that are not summarily dismissed even when a victim recants his or her allegation(s) of violence.
While domestic violence is classically a crime of violence by men against women, women, too, can be arrested for abuse against a person with whom there is or has been a relationship or child together.
History of Domestic Violence
Until the early 1980s police often dismissed the significance of domestic violence cases and the remedy was often nothing more than encouraging the male suspect to go sleep it off and find another place for the night. This approach led to continued violence in the family with serious and continuing physical and emotional consequences to the victim.
Mandatory Arrests
Since the early 1980s society, the legislature, and police have adopted a zero tolerance of abuse. In addition to strong laws that require police to make an arrest where there is visible injury and evidence of a primary aggressor and in cases of violations of restraining orders, extensive victim assistance and counseling is now available.
Whether the Prosecutor files the case as a felony or misdemeanor is based on the seriousness of the case. Severe injuries (including severe cuts and broken bones) will almost always be charged as a felony. No injury or slight injury cases will generally be filed as a misdemeanor. Both prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filed---usually as a felony.
There are designated Prosecutors and special Domestic Violence Units (DV Units) within the Prosecutor's office that stand ready to aggressively prosecute anyone charged with Domestic Violence.
When the Victim Recants or Drops the Charges
In California you can be arrested and prosecuted for Domestic Violence even if the victim does not want you arrested. In some cases, especially with Spousal Abuse, it is very difficult for the victim to drop charges against the abuser. The Prosecutor can proceed with the criminal case even if the alleged victim decides not to go to court. The Prosecutor is the only one who can drop charges because the victim is merely a witness in a government prosecution.
I recall a client who manipulated the absence of the victim from court in the mistaken belief, “no victim, no crime.” This case was a court appointment and fortunately I was excused from the case but obtained a very favorable deal, particularly since he had a prior case of violence but he wanted nothing to do with it. Another attorney handled his case at trial and the victim did not testify nor could she be located. He was convicted and sentenced to seven years state prison.
How I Can Defend You Against Domestic Violence Charges?
Exposing the True Facts
False accusations and wrongful arrests occur regularly. I can make sure the true facts are identified and exposed and take the case to trial if necessary.
The law regarding domestic violence is complex and highly specialized. This is why it is important that you hire and experience attorney to defend you. I can successfully defend those who are accused of domestic violence and take advantages of jail alternatives such as counseling and probation. Do not rely on the advice of friends or family members.
Proving the Alleged Act Was Committed in Self Defense
Allegations of domestic violence or spousal abuse can be very difficult for the district attorney to prove. Many times, the Penal Code 273.5 PC charge arose out of a mutual struggle in which the defendant acted in legal self-defense. For example, an angry wife may begin punching at her husband, and he has to shove her away to avoid getting punched in the face.
Showing That the Alleged Act Was an Accident
In the course of a heated argument and struggle, it is not uncommon to strike someone or push someone down on accident. This happens all the time. In the chaos of some mutual pushing and grabbing, for example, the boyfriend may strike his girlfriend, but without intending to hit her and certainly without intending to injure her.
NOTICE: The following is provided for general informational purposes only. The law on this topic changes periodically and may be outdated or may not apply to your case and specific facts. The information provided on this site should not be relied upon without consultation with a licensed attorney in your state.
By Mark Johnson
Domestic violence is a serious criminal charge that is charged as a misdemeanor or felony and has serious consequences including in the loss of the privilege to own or possess firearms, arrest, payment of fines, and participation in an anger management course.
I have been successful in obtaining complete dismissal of charges, not guilty verdicts after trial, in addition to the reduction of charges in many domestic violence cases.
Domestic violence cases and DUI cases are among the crimes that are not summarily dismissed even when a victim recants his or her allegation(s) of violence.
While domestic violence is classically a crime of violence by men against women, women, too, can be arrested for abuse against a person with whom there is or has been a relationship or child together.
History of Domestic Violence
Until the early 1980s police often dismissed the significance of domestic violence cases and the remedy was often nothing more than encouraging the male suspect to go sleep it off and find another place for the night. This approach led to continued violence in the family with serious and continuing physical and emotional consequences to the victim.
Mandatory Arrests
Since the early 1980s society, the legislature, and police have adopted a zero tolerance of abuse. In addition to strong laws that require police to make an arrest where there is visible injury and evidence of a primary aggressor and in cases of violations of restraining orders, extensive victim assistance and counseling is now available.
Whether the Prosecutor files the case as a felony or misdemeanor is based on the seriousness of the case. Severe injuries (including severe cuts and broken bones) will almost always be charged as a felony. No injury or slight injury cases will generally be filed as a misdemeanor. Both prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filed---usually as a felony.
There are designated Prosecutors and special Domestic Violence Units (DV Units) within the Prosecutor's office that stand ready to aggressively prosecute anyone charged with Domestic Violence.
When the Victim Recants or Drops the Charges
In California you can be arrested and prosecuted for Domestic Violence even if the victim does not want you arrested. In some cases, especially with Spousal Abuse, it is very difficult for the victim to drop charges against the abuser. The Prosecutor can proceed with the criminal case even if the alleged victim decides not to go to court. The Prosecutor is the only one who can drop charges because the victim is merely a witness in a government prosecution.
I recall a client who manipulated the absence of the victim from court in the mistaken belief, “no victim, no crime.” This case was a court appointment and fortunately I was excused from the case but obtained a very favorable deal, particularly since he had a prior case of violence but he wanted nothing to do with it. Another attorney handled his case at trial and the victim did not testify nor could she be located. He was convicted and sentenced to seven years state prison.
How I Can Defend You Against Domestic Violence Charges?
Exposing the True Facts
False accusations and wrongful arrests occur regularly. I can make sure the true facts are identified and exposed and take the case to trial if necessary.
The law regarding domestic violence is complex and highly specialized. This is why it is important that you hire and experience attorney to defend you. I can successfully defend those who are accused of domestic violence and take advantages of jail alternatives such as counseling and probation. Do not rely on the advice of friends or family members.
Proving the Alleged Act Was Committed in Self Defense
Allegations of domestic violence or spousal abuse can be very difficult for the district attorney to prove. Many times, the Penal Code 273.5 PC charge arose out of a mutual struggle in which the defendant acted in legal self-defense. For example, an angry wife may begin punching at her husband, and he has to shove her away to avoid getting punched in the face.
Showing That the Alleged Act Was an Accident
In the course of a heated argument and struggle, it is not uncommon to strike someone or push someone down on accident. This happens all the time. In the chaos of some mutual pushing and grabbing, for example, the boyfriend may strike his girlfriend, but without intending to hit her and certainly without intending to injure her.