Los Angeles Spousal Abuse Lawyer

Arrested for spousal abuse or battery in LA?

There are over 150,000 domestic violence calls in California each year; every spousal abuse call resulted in a police action and causes over 45,000 arrests annually. The police and prosecutors are aggressive in arresting and prosecuting people suspected of domestic violence. Domestic violence includes physical and verbal abuse (terrorist threats) against members of a household or against former members of a household. For example saying "I'll kill you!" is considered a criminal act and you could be charged with "Terrorist Threats," a felony violation of §422 of the California Penal Code. If you have been accused of spousal abuse or any other domestic violence charge, you need a Los Angeles spousal abuse lawyer immediately.

Understanding Charges of Spousal Abuse – California Penal Code §273.5

If you are suspected of violence or threats of violence against a husband or wife, an ex-spouse, a boyfriend or girlfriend, an ex-partner or any other current or former household member, you could be arrested for spousal abuse or partner abuse. In 1977, the California Legislature enacted Penal Code §273.5 which prohibits the infliction of corporal injury on a person who is the mother or father of the defendant's child or a spouse or cohabitant. Spousal abuse or partner abuse includes abuse of any current or former intimate partner or cohabitant. California Penal Code §13700(b) defines "cohabitant" as "two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship."

It is important to remember that it is the prosecutor who presses charges – not your spouse or partner. That means your spouse cannot have the charges dropped. In the past, spouses have felt coerced to drop the charges and that led to a cycle of continuous abuse. The district attorney prefers in most cases to press charges and have the courts decide the issues. Despite the provisions in California Penal Code §1191.1 for the victim's desires to be taken into account, the desire to continue the relationship with the defendant doesn't bar the prosecution or incarceration of the defendant, even when against the wishes of the alleged victim.

For this reason, your case cannot be dismissed if your spouse recants the statements they made to the police. Only the prosecutor can decide to dismiss domestic violence spouse abuse charges. Your case can only be dismissed if you or your attorney can show evidence that the charges are false or there were mitigating circumstances, such as you were attacked first. This can bring into play self-defense claims which can be used to protect your freedom in the result of criminal charges.

Defending Against Spousal Abuse Charges in Los Angeles

If you have been criminally charged with domestic violence relating to spousal abuse, it is important that you get the involvement of an experienced Los Angeles criminal lawyer from our firm as soon as possible. Spousal abuse penalties can result in jail time, community service, counseling, anger management classes, substance abuse programs (AA), and other forms of therapy. You, however, do not have to face spousal abuse charges alone. Contact a domestic violence lawyer at our firm and tell us about your situation. We will move quickly to protect your rights and plan your defense.

Just because you were arrested for spousal abuse or spousal battery does not mean you are guilty. We know that at our law firm. As former deputy district attorneys, we know how to investigate the facts and negotiate your case with a prosecutor and present your case in court. You can trust that should you choose to work with our firm that you will have a heavyweight in your corner that is fully devoted to getting you the results that you deserve.

We know what is on the line with situations of this nature and we are prepared to go the distance in our efforts to provide a high-quality and aggressive defense on your behalf. So what are you waiting for? When you have this much on the line, you simply cannot afford to be flippant with your future. Pick up the phone and call us today toll-free at 888-390-8526 as soon as possible. The sooner that you get us involved, the faster that we will be able to begin our fight for your freedom.

Get the experienced help you need to challenge your spousal abuse charges. Contact a Los Angeles spousal abuse attorney at our firm today for your free consultation.