Are you facing domestic violence charges in Los Angeles?

A domestic violence charge — let alone conviction — can have far-reaching consequences. Penalties upon conviction are harsh and, even in misdemeanor cases, profoundly disruptive of normal life. Your current housing, future career prospects, and (most importantly) immediate freedom are in jeopardy. It’s foolish to fight these cases alone.

As a former domestic violence prosecutor, Mr. Booth understands the complexities of beating (or substantially mitigating) domestic violence charges.

If you are facing a domestic violence accusation in Los Angeles County, Miles Booth should be your first call. He will guide you through the process and fight tenaciously for the best possible outcome in your case. Call 424 272 1134 for a Free Consultation.

Los Angeles Criminal Defense Lawyer Miles Booth

What can I expect to happen after the police determine that I was involved in domestic violence?

The prosecuting agency that reviews the police reports will determine whether to charge you with a felony or misdemeanor. The police do not decide whether or not to file charges. It is the Los Angeles District Attorney or City Attorney who decides to file charges against you.

However, when police make an arrest, the bail amount is determined by the charges that the police identify in the arrest report. Visible injury to the accuser often results in the police reporting the incident as a felony, which results in you having to post $50,000 in bail. Misdemeanor bail, however, is substantially lower.

It is critical that you hire an experienced defense attorney before the prosecuting agency makes its charging decision. A skilled criminal defense attorney will present evidence to the prosecutor before charges are filed to convince her to file misdemeanor charges, or, in some cases, drop the case entirely.

What domestic violence charges are filed most commonly?

California Penal Code 243(e)(1) PC: Domestic Battery

If you are charged with Dometic Battery, the prosecutor must prove that you willfully and unlawfully touched the accuser in a harmful or offensive manner, and that the accuser is an intimate partner. Notably, the prosecutor need not prove you injured the accuser; only that you touched the accuser in an offensive manner.

Domestic Battery is always charged as a misdemeanor.

California Penal Code 273.5 PC: Corporal Injury To Spouse or Cohabitant

In Corporal Injury cases, the prosecutor must prove that you committed an intentional act resulting in visible injury — a “traumatic condition” — to an intimate partner.

California Penal Code 273.5 PC is a "wobbler", which means that it can be filed as a felony or a misdemeanor. The prosecutor’s decision to proceed with the case as a felony or a misdemeanor depends on several factors, including the severity of the injuries to the accuser, and the criminal history of the accused.

How can I defend myself against domestic violence charges?

Domestic violence charges are serious, and require skilled representation if you want to achieve the best resolution. The Los Angeles District Attorney's Office has a “no drop policy” on Domestic Violence cases (see below). Therefore, the best way to defend the case is to attack the evidence in the police report, and develop a comprehensive mitigation packet that gives the prosecutor a complete picture of you as a person.

Initially, all that the prosecutor knows about you is what is written in the police report. And that report paints you as an abuser. For this reason, it is extremely important to put together a compelling and comprehensive mitigation packet to present to the prosecutor.

Moreover, many Domestic Violence cases do not have any third-party witnesses; it’s the accuser’s word against yours. Thus, if the accuser is unwilling to testify, the prosecutor likely cannot prove the case at trial.

In any event, accusations are just that: accusations. They are not facts. Miles Booth is an expert at developing facts to help you avoid conviction. The earlier you retain him, the better your chances.

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, meaning 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.

What are the penalties for a Domestic Violence conviction in california?

Penalties depend on whether you are charged with a felony or a misdemeanor, and your criminal history.

However, even before your case is resolved, the court will issue a criminal protective order, requiring that you stay away from the accuser. Put bluntly, if you lived in the same place as your accuser, you will forced to leave your home.

A felony convictions may result in incarceration, 5 years of probation, a 52 week batterers intervention program (“BIP”), community labor, a criminal protective order, restitution, and a multitude of restrictions — for example, lifetime loss of the right to handle firearms — consequent to a felony conviction.

Whether you can avoid jail is dependent on a number of factors, including your criminal history, the severity of the alleged injuries, and your background. Miles Booth has successfully navigated numerous charge reductions on felony domestic violence cases, after extensive negotiation based on the character and future prospects of his clients.

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.

What is considered Domestic Violence in Los Angeles?

A Domestic Violence charge depends on the relationship between the accused and the accuser, not necessarily on the type of crime alleged. However, the majority of domestic violence crimes are charged under either, California Penal Code 243(e)(1) PC: Domestic Battery, or California Penal Code 273.5 PC: Corporal Injury To Spouse or Cohabitant. The main difference between these two charges is that Penal Code 273.5 PC requires physical injury, and can be charged as a felony.

“Domestic violence” is defined under California Penal Code Section 13700 as abuse committed against someone you share an intimate relationship with.

“Abuse” means intentionally or recklessly harming or attempting to harm an intimate partner, or placing them in fear of immediate harm.

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), or
• Dating partner (current or former)

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 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, at 424 272 1134 for a free consultation.