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Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
In general, when it comes to California domestic violence cases, a common perception is that the criminal justice system tends to favor the accusers. False domestic violence charges in California, however, are unfortunately all too common, and domestic violence conviction can lead to a myriad of serious consequences. Those consequences may include criminal fines, jail time, and protective orders being issued against you – as well as irreparable harm to your reputation.
If you are facing domestic violence charge, you need an experienced California criminal defense attorney on your side who can assist you with your case. A skilled lawyer can make all the difference when it comes to potentially obtaining a dismissal of your charge or a favorable plea deal with the state’s attorney. A lawyer can also be helpful at sentencing hearings when arguing for a reduced sentence after sustaining a domestic violence conviction.
If you are facing Los Angeles domestic violence charges, you should call The Law Offices of David S. Chesley today at 1-800-755-5174, or contact us online to schedule a free case evaluation;
Defining Domestic Violence in California
Depending upon the facts and circumstances of the case-at-hand, domestic violence can be a felony or a misdemeanor. In order to constitute a domestic violence charge, the accused must have intentionally inflicted bodily injury on another person, resulting in a "traumatic condition." In addition, qualify as domestic violence, the alleged victim must have been the accused's cohabitant, former spouse, spouse, former cohabitant, partner in a dating or former relationship, or the father or mother of the accused’s child.
The bodily injury component can come in the form of punching, hitting, biting, pushing, stabbing, or strangling. The key to proving domestic violence is showing that the accused and the accuser live under the same roof.
There are other California criminal charges which are commonly associated with domestic violence. Those charges include:
Domestic violence is typically a felony charge in the State of California. Consequently, a domestic violence conviction can incur severe penalties. The potential penalties upon conviction may include:
Proving California Domestic Violence Cases
In California criminal cases, including domestic violence cases, the prosecutor must prove that the accused committed the crime beyond a reasonable doubt. The “beyond a reasonable doubt” standard amounts to a doubt based upon common sense and ordinary reason.
Much like the State has the burden of proving the legal elements of domestic violence (and any other charged crimes), the accused has the burden of proving any applicable defenses to the charge(s).
Motives for Filing False Domestic Violence Charges
In most domestic violence cases, the word of the alleged victim tends to carry more weight than the word of the accused.
By the same token, however, false domestic violence charges are filed all the time. In some cases, the alleged victim may file the charges simply to seek attention, while in other cases, the alleged victim is trying to obtain revenge against the accused for an extramarital affair. Other common bases for false domestic violence charges include the following:
Potential Defenses to California Domestic Violence Charges
When you’re accused of domestic violence, it can feel like your back is up against a wall. Fortunately, however, your lawyer may be able to raise one or more legal defenses to a domestic violence charge. Potential defenses to a domestic violence charge in California include the following:
Remember, even if there are no defenses available in your case, it is important to have an attorney in order to obtain the best possible plea arrangement you can. In some cases, a lawyer may even be able to get you into a diversionary program which, if completed successfully, will result in the charges against you being dropped – allowing you to avoid a conviction entirely.
Contact a California Criminal Defense Attorney Today to Review Your Legal Options
Domestic violence charges – and especially convictions – can have serious and lifelong impacts for the accused. This is especially true today, as criminal background checks are common and criminal records are easily obtained online. Whether true or not, a domestic violence charge will portray you in an extremely negative light and can make it difficult for you to find and keep a job, go to school, or find a place to live.
Consequently, when it comes to domestic violence charges, a good legal defense is more important now than ever. If you are currently in the midst of domestic violence proceedings, you need an experienced criminal defense attorney in Los Angeles or your side who can help you formulate a good defense. At The Law Offices of David S. Chesley, our legal team can review your case with you and help you do just that.
To schedule a free consultation and case evaluation with a California criminal defense attorney, please call us today at 1-800-755-5174, or contact us online.