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DEFENDING DOMESTIC VIOLENCE CHARGES

Posted by Vitaly Sigal | Jul 09, 2010 | 0 Comments

LOS ANGELES DOMESTIC VIOLENCE CASES

Domestic abuse in Los Angeles is one of the most common cases for a Los Angeles criminal defense attorney. Unfortunately, we have seen incidents and arrests for domestic violence become more and more common. Often times the person charged has been wrongly accused. Legally referred to as inflicting corporal injury on a spouse or cohabitant, it is a charge that often has grave consequences not only on the accused but also the victim and his or her entire family.

The California Penal Code defines the charge under s 273.5 which states:

Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment

In many scenarios a charge of domestic violence is the result of an argument between spouses that goes too far. Neither side intended for it to do so but one thing leads to another and by the time either one knows it the police are at their door. Many times the police in an effort to relieve the stress of the situation will arrest one of the parties and charge them with a crime based on statements the other party made in the heat of the moment. As a result a person is then charged with inflicting corporal injury on a spouse or cohabitant or the lesser offense of criminal spousal battery.

This usually leaves the remaining spouse in a predicament. His or her spouse is now in jail with a pretty hefty bail amount (usually between $20,000 and $50,000 but it could be even higher) and is facing charges that can lead to severe penalties for what was really a misunderstanding and a result of statements made by the remaining spouse in the heat of the moment that may or may not be even accurate. Now faced with the prospect of having a spouse being charged with a felony and having to bail them out, the entire family has now been turned upside down from what may or may not be a simple misunderstanding.

Only an Experienced Criminal Lawyer Can Help You

Once the above factual scenario occurs, the parties want to do whatever it takes to get their family out of the situation and they make further statements to the police because they believe that the police actually want to get to the bottom of things and resolve the situation so that the family matter can be laid to rest. This is not the case and contacting the police further will lead to digger an even bigger hole. It is one of the biggest mistakes a person can make.

The only friend a persona and his family truly have in this type of criminal matter, or any criminal matter, is their criminal defense attorney. Often times, cases such as the one listed above or even more complicated domestic violence cases can be resolved without any penalty to the accused. If handled properly there are several defenses and defense tactics that can be employed by an experienced criminal defense attorney that will be the difference between jail and freedom.

Your First Call Should Be To a Criminal Defense Attorney

When you or a loved one are arrested or accused of a crime, your first call should be to a criminal defense lawyer who will fight for your rights. A criminal defense attorney can arrange for bail, request that a person be released on their own recognizance with a promise to return, conduct an investigation as to the facts of the case and take the appropriate steps to ensure that the accused gets out of jail and stays out. The sooner you call the better we can help you. CALL SIGAL LAW GROUP today for a free consultation. Call us at 818 325-0570

About the Author

Vitaly Sigal

Vitaly Sigal Sigal Law Group Owner 355 S. Grand Ave, Suite 2450 Los Angeles, CA 90071 (213) 620-0212 Vitaly Sigal has extensive trial experience and is not afraid to take your case to trial if necessary. From straightforward to complex litigation, Mr. Sigal handles every case with the same i...

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