Are you facing domestic battery charges in Los Angeles?
Pursuant to California Penal Code Section 243(e)(1), domestic battery, is a misdemeanor, and is defined as any willful and unlawful use of force or violence upon a domestic partner, or cohabitant. Domestic battery charges are very serious, and a can have devastating consequences.If police respond to a domestic violence call they will almost always arrest someone on scene. This will often result in criminal charges being filed, and the beginning of a very stressful court process. An allegation alone, even without any physical injury, can result in a domestic battery conviction.
If you are facing charges for domestic battery in Los Angeles, or surrounding counties, contact experienced Los Angeles criminal defense attorney, and former domestic violence prosecutor Miles Booth at 424 272 1134.
Los Angeles Criminal Defense Lawyer Miles Booth
How does the prosecution prove that I am guilty of Domestic Battery?
To be found guilty of domestic battery under California Penal Code Section 243(e)(1) the prosecutor must prove beyond a reasonable doubt that you;
- Willfully touched another person again their will,
- The touching was harmful or offensive, and
- The person you touched was your intimate partner or former intimate partner.
Who is considered an intimate partner?
An intimate relationship includes a:
- Spouse (current or former)
- Romantic partner that you live with (or have in the past)
- Parent of your child
- Fiancé (current or former)
- Dating partner (current or former)
How can I defend myself against Domestic Battery Charges?
The Los Angeles District Attorney's Office has a “no drop policy” on domestic violence cases, meaning that even if the accuser wants the charges dismissed the District Attorney's Office will still go forward with the case. This means that the best way to defend the case is to attack the evidence in the police report, and develop a thorough mitigation packet that gives the prosecutor a more complete picture of you as a person.
Common legal defenses to a domestic battery charge are that;
- The touching was consensual
- You acted in self defense
- The force or violence was not willful
- You were falsely accused
Additionally, Domestic Violence cases often do not have any witnesses. This means that if the accuser is unwilling to testify, and fails to respond to the court’s subpoena, the District Attorney may be unable to prove the case at trial, resulting in a dismissal.
Just because you have been accused of domestic battery does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth to discuss how to best defend your case.
What are the Penalties for Domestic Battery?
Pursuant to California Penal Code Section 243(e)(1) domestic battery is a misdemeanor, and a conviction may result in up to;
- one year in county jail,
- a $2,000 fine, and/or
- 3 years of misdemeanor probation
Probation conditions will typically include a 52 week domestic violence batterer intervention program, a criminal protective order (which requires you to stay away from the accuser), additional fines and fees, and a requirement that you pay back any restitution to the accuser.
What happens if the accuser wants to drop the charges?
The Los Angeles District Attorney's Office has a “no drop policy” on Domestic Violence cases. This means that even if the accuser wants the charges dismissed, the District Attorney's Office will go forward with the case.
It is not uncommon in Domestic Violence cases for the accuser to change their story, or admit that they lied about the alleged incident. Once charges are filed however, the District Attorney will not drop the charges, regardless of what the victim says.
Miles Booth has successfully tried cases in which the accuser testified under oath that they lied about the original accusation, ultimately resulting in an acquittal.
How do I get a Criminal Protective Order dropped?
The protective order remains in effect for the duration of the criminal case and cannot be “dropped.” However, a skilled attorney may convince the judge to downgrade the initial protective order to a “Peaceful Contact” protective order. A “Peaceful Contact” order allows you to return home, and have peaceful contact with the accused.
Contact Los Angeles domestic violence lawyer miles booth
Facing domestic violence charges can be overwhelming and frightening. Charges alone can have far-reaching consequences. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy.It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.
As a former domestic violence prosecutor Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. Miles Booth has successfully handled thousands of cases throughout Los Angeles County and will aggressively defend your case to get you the best outcome possible.
To learn more about your options going forward, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.
- Domestic Battery
- Corporal Injury To Spouse or Cohabitant
- Child Endangerment
- Elder Abuse
- Child Abuse
- Violation of a Restraining Order
"Miles was an excellent resource and amazing attorney. He is honest, and extremely professional. He got several of my cases dismissed, and takes his time with his work. I would recommend him to anyone looking for someone awesome."
“He was God sent! He worked on my case diligently....updating me with every single detail...
telling me not to stress and just leave everything to him. He never failed to answer all the
questions I asked him...explaining terms I didn't understand. Then I got the good news, the case was closed!
For the first time, I had a good night sleep and woke-up late! I'm back to living a normal life...sleepless nights are over...no stress...no more worrying about the case. This is all because of you, Miles, thank you so much!”
Miles is intelligent and knows the inner workings of the Judicial System. He is very professional and savvy.
He gives much thought to his cases and more importantly to his clients.
He is accessible and responsive when communicating, and always makes time for my phone calls and promptly returns emails. Five stars is not enough for Miles.
Criminal Defense Lawyer
Contact Miles Booth
Criminal Defense Lawyer
424 272 1134Email:
2716 Ocean Park Blvd # 2007
Santa Monica, CA 90405
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