Los Angeles Domestic Violence Attorney

Domestic violence is a serious offense under California law. It involves abusive behavior within intimate or familial relationships, including spouses, former spouses, cohabitants, parents of a child, and dating partners. Charges can range from physical violence to emotional and psychological abuse. The severity of the charges often depends on the nature of the abuse and the relationship between the parties involved. Convictions can lead to severe penalties, including imprisonment, fines, mandatory counseling, and a permanent criminal record. It is crucial to understand that even the threat of harm can result in prosecution under domestic violence laws.

If you are facing domestic violence charges, it is essential to begin building your defense immediately to avoid the harsh consequences of a conviction. Hiring a skilled attorney to guide you through the legal process is vital. At The Law Offices of Arash Hashemi, we have been defending Los Angeles residents against various criminal charges since 2003. With over 20 years of experience, Attorney Arash Hashemi provides expert legal representation for individuals accused of domestic violence. Our firm thoroughly analyzes each case, scrutinizes the evidence, and develops a strategic defense aimed at challenging the prosecution’s claims effectively.

Early intervention by our attorney can be critical to the outcome of your case. Prompt legal action allows for the preservation of vital evidence, mitigation of potential damages, and engagement in negotiations that may prevent the escalation of charges.

If you or someone you know is facing domestic violence charges in Los Angeles, it is essential to seek experienced legal counsel immediately. Contact our office at (310) 448-1529 or fill out our online contact form to schedule a consultation. Attorney Arash Hashemi is dedicated to providing unwavering support and strategic defense to secure the best possible outcome in your case.

Understanding Domestic Violence

Domestic violence under California law encompasses a range of abusive behaviors in intimate or familial relationships. It is defined broadly to include physical, emotional, and psychological abuse. The law aims to protect individuals from harm inflicted by those they are closely connected to.

Specific Relationships Covered:

• Spouses and former spouses
• Cohabitants (individuals who live together)
• Parents who share a child
• Dating partners, both current and former

Types of Domestic Violence Charges

Domestic Battery: Under Penal Code Section 243(e)(1), battery against a spouse, former spouse, cohabitant, dating partner, or parent of your child involves the willful use of force or violence. This charge does not require visible injury, making it easier for prosecutors to pursue based on the victim’s testimony alone.

Corporal Injury on a Spouse or Cohabitant: Penal Code Section 273.5 applies when someone willfully inflicts a physical injury on an intimate partner, resulting in a traumatic condition. Examples of injuries include bruises, cuts, or fractures, and the severity of the injury makes this charge more serious.

Criminal Threats: Criminal threats, as defined under Penal Code Section 422, involve threatening to commit a crime that will result in death or great bodily injury. This charge can be pursued even if no physical violence occurs, provided the victim fears for their safety.

Stalking: Penal Code Section 646.9 addresses stalking, which involves repeatedly following or harassing another person, causing them to fear for their safety. This can include both physical following and cyberstalking through digital communications.

Additional Charges:

• Child Abuse: Physical harm or endangerment of a child, as defined under Penal Code Section 273d.
• Elder Abuse: Abuse or neglect of an elderly person, covered by Penal Code Section 368.
• False Imprisonment: Unlawfully restraining, detaining, or confining a person without their consent, under Penal Code Section 236.
• Revenge Porn: Distributing private sexual images of someone without their consent, as described in Penal Code Section 647(j)(4).

Legal Consequences of Domestic Violence

Jail Time and Fines

• Misdemeanor Convictions: Can result in up to one year in county jail, fines up to $2,000, and mandatory participation in a batterer’s intervention program.
• Felony Convictions: Can lead to longer prison sentences, typically ranging from two to four years in state prison, and significantly higher fines.

Restraining Orders

• Emergency Protective Orders: Issued by law enforcement at the scene to provide immediate protection for the victim.
• Temporary Restraining Orders: Requested by the victim and issued by a judge to offer protection until a court hearing.
• Permanent Restraining Orders: Issued after a court hearing and can last up to five years, restricting the accused from contacting or approaching the victim.

Impact on Custody and Visitation Rights

Convictions can severely impact custody arrangements. Courts may limit or deny custody to the convicted parent, prioritizing the child’s safety. If visitation rights are granted, they may be supervised to ensure the child’s safety during interactions with the accused parent.

Long-Term Effects on Employment and Personal Life

A conviction results in a permanent criminal record, which can be accessed by potential employers, landlords, and others. This can lead to job loss and difficulty securing future employment, particularly in fields requiring background checks. Additionally, certain professional licenses may be suspended or revoked, affecting careers in fields such as healthcare, education, and law enforcement.

Misdemeanor vs. Felony Charges

Criteria for Determining Charge Severity

• Nature of the Injury: Minor injuries or no visible injuries typically result in misdemeanor charges, while serious bodily injuries can elevate the charge to a felony.
• Use of a Weapon: The involvement of a weapon during the incident often escalates the charge to a felony.
• Prior Convictions: Previous domestic violence convictions or other violent offenses can lead to felony charges.
• Presence of Aggravating Factors: Factors such as the victim being pregnant, the use of strangulation, or repeated instances of abuse can elevate a charge from a misdemeanor to a felony.

Examples of Circumstances That Can Elevate Charges from Misdemeanor to Felony

• Serious Bodily Harm: If the victim suffers serious injuries such as broken bones, deep cuts, or concussions, the charge may be elevated to a felony.
• Use of a Deadly Weapon: Using a knife, gun, or other deadly weapons during the assault can result in felony charges.
• Repeat Offenses: If the accused has prior convictions for domestic violence or related crimes, new charges are more likely to be filed as felonies.
• Aggravating Circumstances: Situations involving children, vulnerable victims, or particularly brutal acts of violence can lead to felony charges.

Penalties for Domestic Violence Convictions

Misdemeanor Penalties

• Jail Time: Conviction can result in up to one year in county jail.
• Fines: Offenders may be required to pay fines up to $2,000.
• Mandatory Counseling: Participation in a 52-week batterer’s intervention program is often required.
• Probation: Offenders may be placed on probation, with conditions that include attending counseling, community service, and avoiding contact with the victim.

Felony Penalties

• Prison Sentences: Felony convictions can result in state prison sentences ranging from two to four years, or more in severe cases.
• Higher Fines: Fines for felony convictions are significantly higher and can reach thousands of dollars.
• Stricter Probation Terms: Felony probation may include more stringent conditions, such as longer durations and more intensive monitoring.
• Additional Penalties: Felony convictions can lead to loss of firearm rights, mandatory counseling, and extended restraining orders.

Aggravating Factors

Use of a Deadly Weapon: The involvement of weapons such as knives, guns, or any other deadly instruments can elevate a domestic violence charge from a misdemeanor to a felony. The presence of a weapon significantly increases the perceived threat and potential harm, leading to more severe charges and penalties.

Severe Bodily Injury: Inflicting serious bodily injury, such as broken bones, deep cuts, or any injury requiring extensive medical treatment, can result in felony charges. The severity of the injury reflects the degree of violence used, which can lead to harsher sentencing.

Assault on a Pregnant Victim: Committing an act of domestic violence against a pregnant partner is considered particularly egregious. The law recognizes the added vulnerability of a pregnant victim, and such charges can lead to enhanced penalties, including longer prison sentences and higher fines.

Evidence of Strangulation: Strangulation is viewed as a particularly dangerous form of assault due to the high risk of serious injury or death. Evidence of strangulation, even if it does not result in visible injury, can lead to felony charges and severe penalties.

Committing a Sexual Assault: Sexual assault within the context of domestic violence is treated with the utmost seriousness. Charges involving sexual violence carry significant legal consequences, including long-term imprisonment, registration as a sex offender, and substantial fines.

Impact of Domestic Violence Charges

Personal and Professional Life

• Reputation: A domestic violence charge can damage personal relationships and tarnish your reputation within your community.
• Employment: Many employers conduct background checks, and a domestic violence conviction can lead to job loss or difficulty securing future employment.
• Housing: Finding housing can become challenging, as many landlords are reluctant to rent to individuals with a criminal record.

Impact on Child Custody and Visitation Rights

• Custody Battles: A domestic violence conviction can severely impact custody arrangements. Courts prioritize the safety and well-being of children, often resulting in limited or supervised visitation rights for the accused parent.
• Parental Rights: In extreme cases, a conviction can lead to the loss of parental rights, particularly if the court determines that the child is at risk.

Social and Employment Ramifications

• Social Stigma: Being charged with domestic violence can lead to social isolation, strained relationships, and loss of support from friends and family.
• Professional Licenses: Certain professions require licensing, and a domestic violence conviction can result in the suspension or revocation of professional licenses, impacting careers in fields such as healthcare, education, and law enforcement.
• Firearm Restrictions: Convicted individuals often lose the right to possess firearms, which can affect both personal security and professional responsibilities, particularly for those in security or law enforcement roles.

Legal Defenses for Domestic Violence Charges

Lack of Proof

When there is insufficient evidence, the prosecution’s case may fail. They must prove the charges beyond a reasonable doubt. If the evidence is weak or inconsistent, the charges could be dismissed. This defense involves scrutinizing the prosecution’s evidence, identifying gaps, and highlighting inconsistencies.

Self-Defense

Acting in self-defense can be a strong legal defense. It must be shown that actions were taken to protect oneself or others from immediate harm and that the force used was reasonable under the circumstances. This often involves presenting evidence of the threat posed by the alleged victim and demonstrating that the response was proportionate.

False Accusations

Accusations made out of misunderstandings, revenge, or manipulation can be challenged by questioning the credibility of the accuser and their evidence. Inconsistencies in the accuser’s story, motives for false claims, and evidence disproving the allegations are crucial. Witness testimony, electronic communications, and other supporting evidence can be used to undermine the accuser’s credibility.

Alibi

Providing proof that the accused was elsewhere when the alleged incident occurred can serve as a strong defense. Credible evidence such as witness testimony, video footage, or documentation (e.g., receipts, GPS data) can confirm the accused’s presence at a different location during the time of the incident. Establishing a solid alibi directly contradicts the accuser’s claims.

Mutual Combat

In situations where both parties were actively engaged in the altercation, this defense argues that the conflict was not one-sided. Demonstrating that both individuals willingly participated can impact the severity of the charges or lead to their dismissal. Evidence supporting mutual combat may include witness statements, physical evidence from the scene, and medical reports indicating injuries to both parties.

How Our Firm Can Help

Our defense process begins with a comprehensive review of your case. We thoroughly analyze the facts, gather crucial evidence, and identify any weaknesses in the prosecution’s case. Our goal is to build a strong defense that challenges the charges against you at every turn. Every case is unique, and so is our approach. We develop personalized defense strategies tailored to the specific circumstances of your case. Whether it’s demonstrating a lack of evidence, proving self-defense, or uncovering false accusations, we ensure that your defense is as strong and effective as possible. A solid defense is built on thorough investigation and evidence.

We gather all relevant information, including witness statements, medical records, and any other evidence that can support your case. Our team works diligently to uncover details that can make a significant difference in the outcome of your case. Negotiation is a critical aspect of criminal defense. We engage in aggressive negotiations with prosecutors to seek reductions in charges or alternative sentencing options. Our aim is to achieve the best possible resolution for your case, whether through plea bargains or other means. When your case goes to trial, you need an experienced attorney who can represent you effectively in court. Attorney Arash Hashemi has a proven track record of success in the courtroom. We present a compelling defense, cross-examine witnesses, and challenge the prosecution’s evidence to protect your rights and freedoms.

Why Choose the Law Offices of Arash Hashemi?

When dealing with domestic violence charges in Los Angeles, you need an experienced attorney who understands the intricacies of California’s legal system. With over 20 years of experience, Arash Hashemi has dedicated his career to protecting the rights of his clients. Since founding The Law Offices of Arash Hashemi in 2003, he has successfully defended clients against a wide range of criminal charges, including achieving dismissals for serious felonies such as attempted murder, robbery, and felony assault.

Arash is admitted to practice before all California State Courts and the U.S. District Courts for the Northern, Eastern, Central, and Southern Districts of California. As the 2024 President of the Criminal Courts Bar Association, his leadership and expertise are well-recognized within the legal community. Arash is known for providing personalized defense strategies, meticulously analyzing each case to uncover every possible defense, and striving to secure the best possible outcome for his clients.

Contact the Law Offices of Arash Hashemi & Schedule Your Consultation Today

Don’t wait to seek legal assistance. With extensive experience in criminal defense, Attorney Arash Hashemi and his team are committed to providing professional and effective legal representation. We understand the serious implications of domestic violence charges and are dedicated to protecting your rights and future.

Schedule a Consultation:

• Phone: (310) 448-1529
• Email: Contact@hashemilaw.com
• Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
• Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.

Contact us today to discuss your case and begin building a strong defense. We are here to provide unwavering support and expert legal guidance throughout the entire process.