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What is Felony Domestic Violence?

Eric Bersano — Mon, 28 Dec 2009 01:37:28 +0000

Los Angeles prosecutors have the option of prosecuting domestic violence as a felony or misdemeanor crime. The desires of the victim regarding the pressing of charges do not matter in the case of felony DV cases; the prosecutor has leeway to press the charges on behalf of the state. The consequences for felony domestic violence are very severe and there are numerous acts other than outright violence that can result in this charge. It is not necessary for the couple involved to be married or even cohabitating for either to be charged with domestic violence.

The definition of domestic violence extends to acts of battery and other physical assault as well as a host of other acts. Stalking, defined as following a person to or from work, spying and making other unwanted contact may be prosecuted as an act of domestic violence. Certain acts of child endangerment or abuse are also prosecuted under these laws. The wide variety of potential triggers for a charge of domestic violence make it one of the most complex fields of law and Los Angles attorneys are not universally experts in this area.

One’s prior criminal history will also come into play where domestic violence law is concerned. Those who have prior violent crimes or other felonies stand a higher chance of having their domestic violence charge prosecuted as a felony. This is entirely at the discretion of the prosecutor. In most cases, the most egregious acts of domestic violence where there is significant injury done to the victim are those which are prosecuted as felonies. Cases involving children are also more likely to be prosecuted as a felony, especially if the abuse or endangerment is very severe.

Felony domestic violence charges require that one have a competent attorney at their side. The consequences for these charges require as much. One may be facing a state prison term of as long as 3 years even without prior charges. One may also be sentenced to community service or physical labor, be required to attend counseling sessions and be assessed with heavy fines. These cases are difficult to defend due to the complexity of the law and most lawyers who take these cases are specialists in the field. Those facing these charges, considering the very intimidating punishments that can be meted out by the court, should consult with their attorney as soon as possible.

White Goldestein provides clients with excellence in criminal defense in Los Angeles. Specializing in domestic violence defense, rape defense, sex crimes, violent crimes, DUI and federal crimes, White Goldstein provides experience, knowledge and skill in the Los Angeles area.

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Van Nuys and Domestic Violence Investigations

Eric Bersano — Mon, 28 Dec 2009 01:36:10 +0000

Van Nuys has made efforts to empower police officers when investigating domestic violence calls. For the couples involved, this means that they may find themselves facing these charges even if there were no acts of violence being committed and if there is no history of abuse of any kind in the relationship. This can be a nightmare for such couples who find themselves accused of a crime which neither has committed and can make a simple spat into a situation that involves police, getting booked and the other humiliations associated with being arrested.

Domestic violence is a genuine problem and these laws were not crafted out of hysteria. Every 15 seconds a woman in the US is beaten by a partner or a spouse. The reach of these laws, however, extends to far more than battery. Intimidation, threats and other verbal abuse can be prosecuted as domestic violence. For couples having an argument which results in neighbors or passers by calling the police, this means that a simple mistake on the part of those individuals—good-natured as their motives may have been—can result in long-term misery for the couple involved.

Police who investigate the scene will first look for signs of violence in progress. If they suspect that violence has already been done to one partner or another or if they suspect threats have been made, they have the authority to seize any weapons in the home including firearms, and to hold them. If there are injuries, they may determine if those injuries were the result of domestic violence or a medical examiner may be called in to make that determination. The couple will be separated and whether or not charges will be pressed is up to the prosecutor, not the victim if there is, indeed, a victim.

An attorney who specializes in domestic violence should be called as soon as possible after one of these investigations has been commenced. Once one is arrested, one should refuse to answer any questions put to them by the police. Any question should be regarded as an interrogation no matter how innocuous it may seem. An attorney can make sure that the rights of couples are respected and that over-zealous prosecutors are not afforded the chance to see domestic violence where none is taking place. These cases can entail very severe consequences; one needs to guard their rights.

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LA Domestic Violence Laws

Eric Bersano — Mon, 28 Dec 2009 01:35:10 +0000

The increasingly tough laws pertaining to domestic violence did not originate in a vacuum. Domestic violence is the leading cause of visits to the emergency room by women. Every 15 seconds, a woman is beaten by a partner or spouse. For those facing a potential DV charge, knowing one’s rights and understanding what constitutes domestic violence are the first defenses. Police have tremendous power in Los Angeles when they suspect domestic violence. Police may, for instance, seize any firearms or anything else they believe to be a weapon as soon as the charges are made.

Domestic violence is not only physical. The law makes allowances for terroristic threats—this means any threat that carries the promise of violence and which is repeatedly used as an instrument of control—it also includes acts of stalking and these laws cover far more than married couples. In Los Angeles, a cohabitating, dating or couples with common children are all subject to being charged with crimes under domestic violence laws. There are very severe penalties that may be assessed and one should keep in mind their rights when being investigated by officers for such a crime.

One should contact their lawyer before saying anything to officers. There are numerous ways in which an individual can say exactly the wrong thing to an arresting officer and this will most certainly be used against them. It’s best to exercise one’s right to remain silent. The arresting officer will have the latitude to determine if any injuries observed at the scene are likely the result of domestic violence. A medical examiner will likely be consulted after the fact. The officer will also have the right to seize any weaponry in the home even if there has been no violence and only threats have been made.

One facing a DV charge needs representation immediately. These crimes can be charged as felonies and can carry sentences as long as 3 years in state prison. In addition, the prosecutor is entirely in charge of felony cases and the charges may not be dropped by either of the involved parties. The state is pressing the charges in a felony domestic violence case. Domestic violence is a very complex area of the law and requires representation that specializes in this field. Finding an attorney who understands and has experience with California’s DV laws is imperative for anyone so charged.

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LA Domestic Violence and Men

Eric Bersano — Mon, 28 Dec 2009 01:33:54 +0000

Domestic violence laws in Los Angeles and Van Nuys and in California at large are largely, and justly, mostly based around protecting the rights of women. Women are, by far, those most in danger of becoming the victims of domestic violence. Men, however face another threat where domestic violence is concerned. Individuals who are less than honest or honorable may easily level these sort of charges against those who have not committed any act of violence, domestic or otherwise. For those who are so accused, being charged, booked and prosecuted can be one of the most terrifying experiences imaginable.

While it might seem like an act of domestic violence is something which is obvious and which could not be easily fabricated, attorneys know better. The acts which are defined as violence under the applicable laws are much broader than physical violence. One could be hit with accusations of engaging in stalking behavior, of making terroristic threats to someone’s life, limb or reputation or with contributing to the endangerment of any common children which the couple may have. The wide scope of these laws makes it easier for those individuals who have no compunction about abusing the legal system to their own ends to engage in just these sorts of actions.

For those who are falsely accused of domestic violence, the most important move is to immediately contact an attorney who specializes in this area of law. Los Angeles and Van Nuys police officers have certain privileges when investigating these cases. An individual, however, has a certain set of rights which must be respected by the authorities at every stage of the arrest and prosecution. Without proper legal representation, it is very easy for defendant to find themselves voluntarily giving up their rights without even knowing that they’re doing it.

Contact a competent domestic violence attorney immediately when the opportunity presents itself. Never answer any questions asked by law enforcement officers, especially after having already been arrested. Always be friendly and cooperative with officers but not to the extent that one is allowing their rights to be trampled upon. The only real defense one has in the situation is a lawyer who has the skills to investigate the case and to reveal if an act of fraud has been committed and when an individual has been accused of engaging in an act of domestic violence which, in reality, never happened.

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How to Choose a Van Nuys Domestic Violence Attorney

Eric Bersano — Mon, 28 Dec 2009 01:30:47 +0000

Those facing domestic violence charges in Van Nuys are in a very tough spot. Aside from the fact that domestic violence laws are very complex and carry with them very severe consequences, those accused of domestic violence are also facing the social condemnation that comes with being accused of this crime. The accused is also facing extremely severe consequences whether or not the alleged victim of the crime decides to drop the case. While these laws were crafted to protect the victims of this crime, they also make it much easier for individuals who are accused but not guilty to be the victims of some very harsh legal treatment.

A domestic violence attorney faces a unique challenge. The alleged victim is really not the person responsible for pressing the charges; that is attended to by the prosecuting attorney. This means that, if the charges were made in haste and were not justified, the prosecutor may still decide otherwise and decide to press the charges. Choosing a Van Nuys domestic violence attorney is the first step in one’s defense. Understanding what that attorney needs is the second line of defense for those accused of these crimes.

Those facing a domestic violence charge in Van Nuys can help their attorney by understanding and recognizing the rights with which the law provides them. First and foremost, one should never speak with a prosecutor or a police officer without first consulting with their attorney. This extends to the moment that one is arrested. The vast majority of attorneys will immediately want to know what their client told any arresting officers. This is because, as Miranda rights state, anything one says to an officer can and will be used against them by the prosecutors.

Domestic violence attorneys will need to know exactly what happened before the individual was arrested and charged with domestic violence. For the client, honesty is always the best policy when dealing with their lawyer. Lawyers are not individuals who are contracted to give weight to a lie but are individuals who are contracted to make certain that the rights of their clients are respected by the law. To help a domestic violence lawyer accomplish this task, those facing charges must be unflinchingly honest and must make certain that they always speak to their attorney before speaking to anyone else about the case in any regard.

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Domestic Violence Defense

Eric Bersano — Mon, 28 Dec 2009 01:28:51 +0000

Domestic violence law has become more complex over the years and a broader range of acts can be defined as acts of violence. These crimes can be prosecuted as misdemeanors or felonies in California. The violence need not have taken place between a married or cohabitating couple to be considered domestic violence. Dating couples, couples who are not presently together but who have common children and couples who were once together but are presently separated can all find themselves dealing with California’s domestic violence laws and the prosecutors charged with enforcing them.

While domestic violence is most well-known in its obvious incarnations—punching, kicking, other physical abuse—it is also possible to be charged with domestic violence in California for crimes which do not directly involve physical abuse. An individual who engaged in stalking behavior, for instance, could be charged under DV law. Likewise, certain acts of child endangerment can qualify as DV cases under California law. These laws have become so complex and broad that there are special prosecutors assigned to these cases. For those charged with these crimes the penalties can be severe.

Misdemeanor cases can carry severe penalties. Jail sentences are often handed out for DV offenders along with a counseling mandate. In most cases, the offender will be required to go through a year of counseling designed to provide anger-management and interpersonal relations skills. Community service is also oftentimes required and, sometimes, physical labor is given as a sentence. In some cases, the judge may order that the offender stay away from the victim or may set conditions on a couple known as “No Harm, No Strike”. There are fines included with the punishments for misdemeanor offenses, as well.

Very severe cases of DV can be prosecuted as felonies in California and the punishments are very severe. Even if the victim doesn’t want the case prosecuted, the state can press the charges. Those convicted of felony DV will likely be facing a state prison sentence of between 3 months and 3 years. Only the prosecutor can actually drop these charges. Legally, the victim of the crime is merely a witness and it is the state who is actually pressing charges against the defendant. In most cases, felonies are only charged when an individual has caused injury to the defendant or if the accused has a long history of criminal activities related to violence.

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What is Misdemeanor Domestic Violence?

Eric Bersano — Mon, 28 Dec 2009 01:27:38 +0000

Domestic violence may be charged as a felony or misdemeanor in Los Angeles and California. In most cases, whether or not this crime is prosecuted as one or the other has to do with the severity of the injuries received by the victim as well as with the criminal past of the accused. Those charged with this crime have no opportunity to have the charges dropped if it is being prosecuted as a felony. The state will prosecute the charges whether or not the victim wishes to have the case brought into court.

Police officers in Los Angeles have tremendous leeway when domestic violence is suspected. They may seize any weapons in the house, including firearms, separate the couple and police officers are empowered to determine whether any injuries observed at the scene are the result of domestic violence. If one finds themselves in a situation where a partner or spouse is erroneously or knowingly claiming that domestic violence was perpetrated against them when this is not the case, one is in a situation where extremely harsh consequences could be meted out if one does not immediately contact a lawyer who is qualified to offer defense in these cases.

Misdemeanor domestic violence in California does not need to involve a married couple. Cohabitating couples, couples who are merely dating and couples who have mutual children are all covered under domestic violence legislation. Additionally, a range of activities other than actual physical violence can be prosecuted as misdemeanor domestic violence in California. For instance, stalking, harassment and threats can all be construed as acts of domestic violence. Even if one is charged with misdemeanor domestic violence, the penalties can be extremely severe and can have life-changing consequences even if the individual accused was no abuser and if the charges were completely false.

Some of the consequences of misdemeanor domestic violence include prison terms, community service or physical labor, a year of mandated counseling and various fines. If one finds themselves in a situation where they are being accused of acts of domestic violence, the most important thing to remember is to call one’s attorney and to not answer any questions put to one by arresting officers. One should always be cooperative and friendly to the officers and keep in mind that, if they do not have a lawyer, that domestic violence is a specialty field which requires specialty representation.

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Domestic Violence and Prior Charges

Eric Bersano — Wed, 16 Dec 2009 16:43:46 +0000

Domestic violence charges can be prosecuted as misdemeanor offenses or as felonies at the discretion of the prosecuting attorney. In some cases, felony charges are levied when there’s been a particularly egregious act of violence committed against the victim. Other circumstances which may result in a felony being prosecuted are those which involve the abuse or endangerment of a child or which involve a repeated and long-standing pattern of the accused individual engaging in behavior which can be construed as acts of domestic violence. For those who have prior convictions, however, there is an additional danger.

Prosecutors are more likely to level felony charges against one accused of domestic violence if an individual has a prior criminal record. Particularly if that record contains acts of violence, they are more likely to be hit with a felony case. Individuals in this situation have a pressing need to contract with the most competent lawyer available and, they should make absolutely certain that the attorney they choose is one who specializes in the field of domestic violence law. These laws are extremely complex and they have evolved in myriad regards over the years. They also extend to unmarried couples.

Any act of violence as is defined under the law may be construed as an act of domestic violence provided that the participants are an intimate couple of any sort. Couples who are dating, cohabitating or have children together are all subject to domestic violence law. The acts which are defined as violence under the law have also expanded. Domestic violence law now makes accommodations for prosecuting acts of stalking, harassment and various crimes which are leveled against the children in a family rather than against one of the adult partners. This makes the laws much more complex.

If an individual has prior charges and, especially those charges happen to be felonies, they need to contact an attorney as quickly as possible. Because prosecutors will be more motivated to file felony charges against such an individual, the stakes are much higher. Felony domestic violence charges carry a three month to three-year prison term in a state facility. This may be augmented if one has prior convictions, especially if those convictions are felonies. The right legal representation will make certain that not only are one’s rights respected but that the actual severity of the case is revealed to the court.

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Defense Attorneys and Domestic Violence

Eric Bersano — Wed, 16 Dec 2009 16:42:29 +0000

Domestic violence defense is a specialty field among lawyers and anyone charged under these laws needs to make certain that they have appropriate legal representation. The penalties for violations of DV law are stiff and Los Angeles police are empowered to take a great many actions if they suspect that violence is afoot in a domestic scenario. The measures they may take include separating the couple temporarily, seizing any weaponry in the household and determining if any injuries they observe in the course of the investigation were the result of physical violence by a partner or spouse.

The need for competent defense is made more imperative by the fact that domestic violence can be prosecuted as a felony crime. Those individuals who have prior convictions, especially for violent offenses, are at particularly high risk of being prosecuted with a felony. This means that legal representation must be comprehensive in investigating the arrest. If any of the rights of the accused have been violated, a good domestic violence attorney will be able to determine as much and to add those violations to the defense’s case. The stakes are high with these cases, that much is certain.

An individual convicted of domestic violence on the misdemeanor or felony level faces fines, imprisonment, community service, mandatory counseling and other penalties. At the felony level, the prison terms may be as long as 3 years. In most cases, the felony charges will not be prosecuted unless the victim claims extensive injuries or distress as a result of the domestic violence they allege occurred. This means that a good attorney can oftentimes find out if the claims being made against the accused are legitimate and if the prosecutor is being over-zealous in their pursuit of convicting the accused.

Domestic violence is defined as more than simply striking or otherwise physically assaulting an individual under California law. Individuals may be charged with a DV crime if they engage in stalking behavior, if they make threats against a current or former intimate partner or if they are accused of abusing or endangering their children. Couples who have a common child but who are not currently involved also fall under the purview of domestic violence law. As these charges can be very serious and the consequences even more so, an attorney who knows these laws inside and out is a necessary part of a good defense.

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DUI Defense in the Sunshine State

Eric Bersano — Wed, 16 Dec 2009 16:41:23 +0000

Defense against a DUI charge starts with the citizen. Citizens have rights and, in many cases, officers will be able to build a case when a citizen becomes flustered, forgets their rights and submits to tests, interrogations and other procedures without knowing that they have the right to decline. Whenever one is pulled over, whether they’re intoxicated or have just had a drink or two, one needs to be prepared to deal with the situation in a way that is respectful and polite to the officer but which does not include backing down on one’s civil rights.

Drunk driving arrests often begin when the officer “smells alcohol” when approaching the vehicle. Drivers do have the right to have gum, mints, a cigarette or an air freshener in their vehicle and most certain have the right to use any of those items before the officer approaches. Drivers need to be aware of some of the tricks used by officers to essentially get a driver to admit to an infraction of the law and to thus, sacrifice many of their rights. When asked a question such as “Did you know you were speeding?” one has the right to not answer.

Most officers will request a field sobriety test or a breath test. A citizen has the right to decline both and, in many cases, they should do just that. Anyone being investigated for DUI offenses has the right to request a blood test which is more accurate than either the field sobriety or breath tests. One also has the right to decline any request made by the officer for a second sample. The officer will generally ask for one as if it is required. This is a trick of language and the subject may always refuse this second test.

Most importantly, if one is being charged with a DUI, one has the right to remain silent. Though everyone knows this reflexively, anyone being charged with drunk driving should exercise this right and not say a word until their attorney is present. Remember that casual questions may not seem like as much but that they may amount to an interrogation by the officer. Be cooperative, be respectful and polite to the officers but remember that no one is required to answer any questions about what they’ve been doing during the night, where they’ve been or how many drinks they’ve had.

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