At Hurwitz Law Group, our Los Angeles criminal defense attorneys help people facing domestic violence charges. These criminal charges can lead to jail time, big fines, and a permanent criminal record that stays with you.
You might feel scared or lost right now. But many domestic violence cases can be won with the right legal defense. We've helped many clients reach a favorable outcome when their future was at stake.
Domestic violence charges in California cover many types of harm between intimate partners or family members. Prosecutors take these cases very seriously, and the legal consequences of a conviction can change your life forever.
California domestic violence laws are strict. The California Penal Code sets out harsh penalties for these offenses. To build a strong defense, you need to know what you're facing.
In California, domestic violence means using physical force or threatening someone you have a close relationship with. This includes your spouse, boyfriend or girlfriend, someone you live within the same household, or close family members.
Domestic violence isn't just hitting someone. It also includes threats, stalking, and emotional abuse that causes fear. Even without serious injuries, you can face charges based only on the alleged victim's claims about what happened during the alleged incident.
The California Penal Code includes several types of domestic violence charges, each with different levels of severity and punishment. Understanding what you're charged with is the first step in building your legal defense.
Common domestic violence charges include:
Each charge has its legal consequences under the California Penal Code. The specific facts of your case, your criminal record, and the alleged victim's injuries all affect how prosecutors will handle your case.
Several things affect how likely you are to win your case. Working with an attorney who has experience defending domestic violence charges can help you find the strengths in your case.
In every criminal case, the prosecution must prove the defendant's guilt "beyond a reasonable doubt." This is the highest legal standard. If there's any reasonable doubt about what happened, you can avoid a guilty verdict.
We use this high standard to help you. By finding problems in the prosecution's case or showing there isn't enough evidence, we can create doubt to win your case. The burden is on them to prove everything, not on you to prove your innocence.
Evidence is key in these cases. Physical evidence, such as medical reports, photos, or the absence of injuries, can support or contradict the alleged victim's claims.
Our legal team works hard on presenting evidence that helps your case, including:
What witnesses say in their court statements can make or break domestic violence cases. The testimony from the alleged victim, other witnesses, and police officers can completely change how your case turns out.
We carefully review all witness statements for problems or lies. Through skilled cross-examination in court, we can show when the prosecution's witnesses contradict themselves. People who know you well can also testify about your good character.
There are several good ways to defend against these charges. The best approach depends on what happened in your case.
Self-defense works in many domestic violence cases. If you thought you were in danger and used only the physical force needed to protect yourself, this can be a strong defense.
We help show that your actions were justified by proving you faced a real threat. This might include showing your physical injuries or finding people who saw the alleged victim act aggressively toward you first.
Sadly, false accusations sometimes happen during custody fights or divorce. Some claims come from misunderstandings, while others might be made up to gain an edge in court.
If you've been falsely accused, we work to disprove the alleged victim's claims and find evidence that shows they're not telling the truth. This might include witnesses who know the accuser had lied before or proof they threatened to "get you in trouble."
Often, domestic violence cases come down to one person's word against another's, with little physical evidence. When this happens, we focus on the gaps in the evidence.
Without enough proof to back up the prosecution's arguments, they can't meet the "beyond reasonable doubt" standard. We point out these weaknesses through legal motions and strong arguments that target the weak points in their case.
A good defense strategy is vital when facing domestic violence charges. Your defense must fit your specific situation.
We start by doing our investigation instead of just relying on police reports. This includes:
We also look at whether your rights were violated during the police investigation or if evidence was collected improperly. These issues can sometimes cause charges to be dismissed before trial.
Protective orders (also called restraining orders) are often issued in domestic violence cases. These legal documents can stop you from contacting the alleged victim and might even force you to leave your home.
Breaking a protective order, even by accident, can result in more charges. We help you understand exactly what you can and cannot do so you don't make your situation worse.
These orders can make life much harder, especially if you have children with a protected person. We can help you go through these rules while protecting your rights.
Understanding what happens in a domestic violence case helps you prepare and make good decisions.
After an arrest, you'll be booked into jail and may be able to post bail. The prosecutor then reviews the police reports and decides whether to file formal criminal charges, usually within 48 hours.
Not all arrests lead to charges—sometimes prosecutors decide there isn't enough evidence. That's why getting legal help right away is so important. We can sometimes talk to prosecutors before charges are filed to tell our side of the story.
Pre-trial motions are formal requests asking the court to make decisions about evidence or legal issues before trial. These motions can strengthen your position or even get the charges dismissed.
For example, we might ask the court to throw out evidence collected illegally or file a motion to dismiss if the prosecution's case is clearly too weak. These legal moves can pressure the prosecution to offer a better deal.
If your case goes to trial, it starts with picking a jury, followed by opening statements. The prosecution presents their case first, calling witnesses and showing evidence. We then get to cross-examine their witnesses and challenge their evidence.
After they finish, we present your defense, which may include your testimony (though you have the right to stay silent), witness statements, and other evidence that supports your version of events. The trial ends with closing arguments, and the jury makes the eir decision.
Most domestic abuse cases end with plea bargains rather than trials. In a plea deal, a defendant agrees to plead guilty or no contest, often to a reduced charge, in exchange for a more lenient sentence.
When considering whether to accept a plea bargain, one must weigh several factors:
We negotiate hard for you, seeking the best terms possible. This might include reduced charges, little or no jail time, or alternatives like rehabilitation programs instead of jail.
Even after a trial, you still have options to protect your rights and future.
If you're found guilty at trial, you can appeal based on legal errors that happened during the case. These might include wrongly admitted evidence, misconduct by the prosecutor, or incorrect instructions given to the jury.
The appeals process has strict deadlines. We can help you go through this complex process and find the strongest reasons to challenge your conviction in a higher court.
A person convicted of domestic violence may face jail time, fines, and probation with specific conditions. These often include:
A judge might reduce these requirements in limited circumstances. However, violating probation can result in more penalties, including jail time. We help you understand all requirements and fight for reasonable conditions.
If you're dealing with domestic violence charges in Los Angeles, seek assistance immediately. The sooner you get an experienced attorney, the better your chances of winning your domestic violence case.
At Hurwitz Law Group, we fight hard for people accused of domestic violence. Our experienced attorneys excel in crafting persuasive stories that effectively counter the prosecution's case. We provide a complimentary consultation to explore your circumstances and outline how we can safeguard your rights.
Remember that domestic violence charges can affect both criminal and civil cases, including custody disputes between intimate partners. With so much at stake, you need a strong legal team on your side. Call us today—your future is too important to leave to chance.
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