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Mark A. Gallagher

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Domestic Violence

Domestic Violence Charges in Los Angeles

Charges can be Brought at Either the Misdemeanor or Felony Level

Domestic violence is perhaps one of the most overcharged types of crime in California. This is partially because, many times, domestic violence calls are made as the result of a bystander misunderstanding what they are seeing and hearing. Other times, someone involved in a verbal dispute calls the police in the heat of the moment. Unfortunately, any time there a report is made that indicates possible domestic violence. law enforcement is strongly encouraged to make an arrest.
 
That means that even if no one who was actually involved intended for charges to be made, you may be facing penalties that include:
 
  • Jail time, or even a possible prison sentence
  • Fines
  • Mandatory counseling
  • Mandatory restraining orders
  • Child visitation restrictions
The reason that both jail and prison sentences are possible is that a domestic violence charge is what is sometimes referred to as a “wobbler.” This means that charges can be brought at either the misdemeanor or the felony level, depending on the situation. While the level of the charges can be dependent on a variety of factors, the fact of the matter is that most of the time the charges are going to be made at the felony level, at least initially. An experienced domestic violence defense attorney will work towards having the charges reduced to a misdemeanor.
 

We Will Challenge the Restraining Order

 
You might be wondering when is the best time to call an attorney with experience defending against domestic violence charges. The simple answer is, as soon as possible! We have helped many clients get released after their arrest without bail. We will work towards reduce the level of their charges from felony to misdemeanor. If you do not contact a qualified defense attorney right away then you run the risk of sitting in jail while the prosecution strengthens the felony case against you.
 
Another aspect of domestic violence charges that a criminal defense attorney can assist with is the restraining order. An arrest is standard procedure when possible domestic violence is reported to law enforcement. Similarly, a restraining order is almost always issued when charges of domestic violence are made. Even if no one involved with the situation wants to pursue the case, the prosecution may insist on a restraining order.
 
You or your loved one could be relocated for months if your domestic violence charges are not resolved quickly. Especially if the charges were made as the result of a misunderstanding, it can be devastating financially and emotionally to have a member of the family forced to move out of the house to comply with a restraining order. In addition to seeking your speedy release from jail and working to have your charges reduced to a misdemeanor, we will challenge the restraining order immediately.

Our goal is to help your family retain a sense of normalcy during this difficult time. Rather than just focusing on one aspect of your domestic violence case, we will craft a defense that takes the whole case and all possible consequences into account. If you’ve been charged with domestic violence in Los Angeles, don’t wait. Contact our firm for your free consultation.