Corporal Injury on a Spouse/Cohabitant/etc.
Annoying Phone Calls
Violation of a Restraining Order
What is Domestic Violence?
The term “crime of domestic violence” includes any crime of violence, physical or threatened, against a person who is your spouse, fiancée, dating partner, cohabitant, or the parent of your child.
Accusations of domestic violence in California are taken very seriously by prosecutors and law enforcement. There are special victim units and prosecutors dedicated exclusively to the prosecution of domestic violence.
Punishment for domestic violence depends on a number of factors including: (1) seriousness of the offense, (2) existence of any injuries, and, (3) prior criminal history. A person convicted of domestic violence can face up to one year in jail, if charged as a misdemeanor, or 2-4 years in prison, if charged as a felony. In California, most prosecutors and Judges insist on some amount of jail time even for misdemeanor offenses that do not involve physical injury.
Additional consequences include a mandatory 52-week Batterers Program, restraining/protective orders, fines, and a permanent mark on one’s record that may affect employment opportunities, state licensing, and carry severe immigration consequences including deportation for non-citizens.
Domestic Violence Defense Attorney
Los Angeles domestic violence defense attorney Debra S. White understands that when defending against allegations of domestic violence, justice demands a fierce defense. This is because over zealous and/or inexperienced prosecutors have a tendency to overcharge crimes and demand harsh penalties that do not accurately reflect the offense. And sometimes what appears to police to be a domestic battery is really an accident or an act of self-defense. Many prosecutors also fail to recognize false allegations of domestic violence until it is too late, if at all.
Ms. White has extensive experience defending against allegations of domestic violence in courts throughout Southern California. She develops successful defense strategies by meticulous case preparation, skillful negotiation, and sharp trial skills. Ms. White is compassionate toward her clients and works closely with them to learn how to best defend them. Her results speak for themselves.
False Allegations of Domestic Violence
A mere accusation of domestic violence can be enough to convince a prosecutor to charge a crime without any physical evidence. Los Angeles and Ventura criminal defense attorney Debra S. White knows this all too well as demonstrated in the case of her client, Louis Gonzalez, III. Mr. Gonzalez was falsely accused of horrific acts of torture, rape, and attempted murder by the mother of his son in an effort to gain custody. Ms. White and her team fought relentlessly to expose the accuser for her lies and obtained a dismissal of all charges at the Preliminary Hearing. This story was featured in the Los Angeles Times and can be read by visiting the following link: A Man’s Nightmare Made Real.
Ventura Courts and Ventura County prosecutors unfortunately are not the only ones with a tendency to prosecute alleged crimes merely because someone said it happened. This happens in Los Angeles County and in courthouses throughout California and the United States on a daily basis.
False accusations of domestic violence demand aggressive and serious representation. Los Angeles criminal defense lawyer Debra S. White is a true fighter with the experience, reputation, skill, and knowledge of the law needed to defend against charges of domestic violence and expose false accusers.
Can Domestic Violence Charges Be Dropped?
Charges of domestic violence cannot be dropped simply because the accuser does not want to “press charges.” Even if the accuser recants and denies being a victim of domestic violence, they have little or no power to prevent the prosecutor from filing the case or pursuing a conviction once an arrest is made. Once a case is presented to the District Attorney or City Prosecutor for filing, it is up to the prosecutor whether to file charges.
Can a witness refuse to testify in a domestic violence case?
When defending against accusations of domestic violence, I am often asked, “What happens if [insert name of complaining witness] does not want to testify?” The answer might surprise you.
Know The Lawyer You Hire
Finding the right criminal defense lawyer can be a daunting task. With thousands of lawyers at your fingertips, Ms. White has published an article with easy to follow steps to ensure that you hire the right lawyer.
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