What to do When You Have Been Falsely Accused of Domestic Violence
Have you been falsely accused of domestic violence in Los Angeles, CA? If so, you may be wondering what steps you can take to protect your future and reduce your odds of being incarcerated. The team of experienced defense attorneys at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys has the answers you need.
3 Steps to Take When You Are Falsely Accused of Domestic Violence
- 1. Refrain from Speaking to Your Accuser
- 2. Begin Gathering Evidence of Your Innocence
- 3. Hire an Experienced Criminal Defense Lawyer
Taking these steps promptly can help protect your rights and increase your chances of a favorable legal outcome. Continue reading to learn more about each of these steps and understand how an experienced legal team can make a difference in your defense strategy.
Steps to Take When You Are Falsely Accused of Domestic Violence in Los Angeles
When an intimate partner accuses you of domestic violence in LA, it is vital that you make smart decisions if you wish to reduce your risk of going to jail or prison.
Though every case is different, most people can benefit from following these simple steps:
Refrain from Speaking to Your Accuser
When you first learn about your partner’s claims of domestic abuse, you may be tempted to talk to them in an effort to convince them to change their story. However, doing so is rarely a wise decision. This type of action is likely to be construed as an attempt to intimidate a witness by the police.
It is for this reason that the skilled Los Angeles domestic violence attorneys at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys recommend that you refrain from speaking to your accuser until your case reaches its conclusion.
Begin Gathering Evidence of Your Innocence
Quite often, the best way to prove that your partner’s accusations are false is to gather evidence that shows you did not commit the offense. In most domestic violence cases, this evidence comes in one of the following forms:
- Witness testimony
- GPS data
- Electronic records
- Surveillance camera footage
As soon as you hear that you have been accused of domestic abuse, you would be wise to begin gathering as much evidence as you can find.
Hire an Experienced Criminal Defense Lawyer in Los Angeles
Having begun your search for exculpatory evidence, you should next enlist the services of a knowledgeable domestic violence lawyer. An experienced attorney will be able to provide you with the information you need to fight back against your partner’s false allegations.
At The Rodriguez Law Group Los Angeles Criminal Defense Attorneys, we have been helping falsely accused Los Angeles residents fight to clear their names for many years. We would love to do the same for you. Reach out to us today to set up a free consultation and learn more about our legal services.
Understanding California’s Domestic Violence Laws
The state of California has a wide variety of statutes on its books to deal with the issue of domestic violence, including:
Domestic Battery
Per section 243(e)(1) of the California Penal Code, it is illegal for an individual to willfully use force or violence on an intimate partner.
For the purposes of this law, the state of California considers the following parties to be intimate partners:
- Spouses
- Former spouses
- Co-parents
- Engaged partners
- Dating partners
Domestic battery is almost always classified as a misdemeanor in California.
Corporal Injury to a Partner
According to section 273.5 of the California Penal Code, it is illegal to willfully inflict corporal injury on an intimate partner. Even a minor physical injury is enough for prosecutors to bring charges under this statute.
In the state of California, corporal injury to a partner can be charged as a misdemeanor or a felony – depending on the seriousness of the victim’s injuries and the offender’s criminal history.
Criminal Threats
Section 422 of the California Penal Code explains that it is illegal for an individual to threaten their intimate partner, or any other person, with serious harm or death – even if they do not intend to act on the threat.
This offense is typically punishable as a misdemeanor in the state of California. However, prosecutors can upgrade it to a felony when the offender has a criminal history or uses a deadly weapon.
No matter which of these criminal offenses you have been accused of committing, you can count on the attorneys at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys to help you fight to clear your name. Our industry experience and statutory knowledge mean that our legal team can handle even the most complex cases.
Penalties for Domestic Violence Convictions in California
If you fail to take steps to defend yourself against the allegations of your partner, your domestic violence charge will eventually become a conviction. As a result, you will most likely face criminal penalties.
The exact nature of your punishments will depend on the crime that the state finds you guilty of committing:
Punishments for Domestic Battery Convictions
Domestic battery is almost always classified as a misdemeanor in the state of California. If convicted of this offense, you may face:
- Up to one year in county jail
- A fine of up to $2,000
- A permanent criminal record
- A restraining order
First-time offenders typically receive more lenient sentences than repeat offenders.
Punishments for Corporal Injury to a Partner Convictions
If the state of California convicts you of the misdemeanor version of this criminal offense, you could face:
- Up to one year in county jail
- A fine of up to $6,000
- A permanent criminal record
- A restraining order
However, if a state court finds you guilty of the felony version of this crime, you can face:
- Up to four years in state prison
- A fine of up to $6,000
- A permanent criminal record
- A restraining order
Again, offenders that have a lengthy criminal history usually face harsher penalties than those that do not.
Punishments for Criminal Threats Convictions in LA
Should the state of California convict you of a misdemeanor criminal threats offense, you may face:
- Up to one year in county jail
- A fine of up to $1,000
- A permanent criminal record
- A restraining order
If convicted of the felony version of this offense, your penalties may include:
- Up to four years in state prison
- A fine of up to $10,000
- A permanent criminal record
- A restraining order
At The Rodriguez Law Group Los Angeles Criminal Defense Attorneys, we know how terrifying the penalties for domestic violence convictions can be. That is why we fight so hard to help our clients clear their names and avoid them. If you would like to have our legal team go to battle for you, all you need to do is pick up the phone and give us a call.
How The Rodriguez Law Group Los Angeles Criminal Defense Attorneys Can Help You Fight Back Against Your False Domestic Violence Charges
The Rodriguez Law Group Los Angeles Criminal Defense Attorneys has a proud history of standing up for the people of Los Angeles when they need it most. So, when you hire us to defend you against your false domestic violence charges, we will:
Provide You with Sound Legal Advice
The actions that you take in the weeks and months after you learn of your domestic violence charge can have a substantial impact on the outcome of your case. If you can consistently make smart decisions, you might be able to increase your chances of getting your charges dismissed.
The lawyers at our firm have been practicing criminal defense law in the state of California for many years. We know what it takes to have charges like yours dismissed. When you hire us, we will be happy to provide you with the legal advice you need to boost your chances of securing a favorable outcome to your case.
Devise an Effective Defense Strategy
When faced with false domestic violence allegations, it can be quite tempting to shout at the prosecution about the mistake that they are making. However, doing so is unlikely to help your case. If you want to get your charges dropped, you will need to take a more strategic approach to your defense.
Over the years, The Rodriguez Law Firm has seen and used a myriad of defense strategies against false domestic violence allegations. As such, we know which tactics work and which ones do not. When you hire us, we will help you devise a strategy that we think will work for you.
Argue on Your Behalf in Court
If the prosecutor believes that they have a solid case against you, it is likely that you will need to defend yourself in a court of law. There, a judge and a jury of your peers will review evidence from both sides before determining your fate.
Over the years, the team at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys has argued on behalf of a plethora of clients. As such, we know how to state a case in a way that is likely to resonate with the jury. When you hire us, we will work tirelessly to try to secure you a favorable verdict in court.
Would you like to have the experienced legal team at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys help you fight back against your false domestic violence charges? Then please give us a call and set up a free consultation at our law office in Los Angeles, CA. We would love to meet with you to learn more about your case and begin building an effective attorney-client relationship.
Wondering What to Do When You Have Been Falsely Accused of Domestic Violence Charges? Contact a Domestic Violence Lawyer in Los Angeles
When you are falsely accused of committing domestic violence, you can always count on the lawyers at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys to defend you. We have the knowledge, skill, and experience needed to handle your case with the care and attention it deserves. Reach out to us today. Call to set up a free consultation at our Los Angeles offices and get started with your defense.
CONTACT A CRIMINAL DEFENSE ATTORNEY
Facing domestic violence charges in LA? Trust The Rodriguez Law Group Los Angeles Criminal Defense Attorneys to secure the best possible outcome. Our experienced criminal defense lawyers have 20+ years of expertise in handling criminal cases.