Los Angeles Assault Attorney Explains Domestic Assault

by ManuelianLawFirm on August 9, 2013

A domestic assault charge in Los Angeles threatens more than just your marriage. Like any other assault, a domestic assault conviction can result in not only the loss of your family, but the loss of your freedom as well. Emotionally-charged and aggressively pursued by prosecutors, domestic assault charges are serious and a conviction can result in serious penalties.

According to California domestic violence laws, it is illegal to communicate threats of harm against an intimate partner or use physical force against an intimate partner. While it is also illegal to assault others in California, domestic assault, as any Los Angeles assault attorney can attest to, raises the crime to another level entirely in the eyes of prosecutors, judges, and juries.  Consequently, finding qualified representation by a criminal defense lawyer in Los Angeles is critical if you are arrested for domestic assault, regardless of the circumstances.

Criminal Defense Lawyer in Los Angeles Outlines Domestic Assault Crimes

California law makes a point of distinguishing domestic assault from other assault and battery charges and has a code section dedicated to domestic violence laws as summarized below.

  • Corporal Injury to a Spouse or Cohabitant – Penal Code 273.5. It is a crime to inflict a corporal injury against a current or former spouse or cohabitant or the parent of your child that results in a traumatic condition. This crime is committed when a person violently strikes an intimate partner enough to cause a visible injury, even if the injury results in a slight injury as with a bruise or swelling.
  • Domestic Battery – Penal Code 243 (1) (e).  It is a misdemeanor crime in California to inflict violence or force on an intimate partner such as a cohabitant, fiancé, parent of your child, dating partner, or current or former spouse. Domestic battery can be charged even when no visible injury is present.
  • Child Abuse – Penal Code 273d. While parents have reasonable latitude if they choose to spank a child, this law makes it a crime to inflict corporal punishment or injury on your child that could be classified as cruel or inhuman.
  • Child Endangerment – Penal Code 273a. California law considers it a criminal act for anyone who is responsible for the care and custody of a child to allow that child to willfully suffer harm  or have the child’s health or safety endangered.
  • Elder Abuse – Penal Code 368. Infliction of emotional abuse, physical abuse, neglecting financial fraud or endangerment on a person over the age of 65 is a crime. Usually charged against caregivers, elder abuse can also be charged against family members.
  • Criminal Threats – Penal Code 422. California law prohibits anyone from communicating a threat of serious injury or harm to another person if there is intent to cause the other person’s fear and the person is put in sustained fear. A criminal threat can be charged as either a misdemeanor or a felony, with a felony conviction of criminal threats counting as a strike under the California Three Strikes Law.

A Los Angeles Assault Attorney Can Explain Your Rights

For a thorough explanation of California domestic assault and assault charges and what such a charge could mean to you if arrested for domestic abuse in Los Angeles, you should contact a Los Angeles assault attorney.  Unfortunately, people are wrongly accused of domestic assault often, especially in the throes of a particularly aggressive custody battle, out of anger or jealousy, or for vengeance.  Met with some serious, long-lasting consequences, a first-time, domestic assault convictions usually result in a minimum 30 days of jail time, a 52-week domestic batterer’s class, and a permanent criminal record-not a pretty picture.

Consequently, you don’t want to wait if you are arrested for on a domestic assault in Los Angeles. You want to find a Los Angeles assault attorney immediately to find out what your rights are and to determine what actions to take next. Don’t leave your freedom and reputation to chance, contact a criminal defense lawyer in Los Angeles as quickly as possible after any criminal arrest to make sure that your rights are upheld and that your case is handled properly.

An experienced Los Angeles assault attorney R.J. Manuelian enjoys educating others about criminal law topics. An oft-sought-after commentator, speaker, and Los Angeles criminal defense attorney, R.J. is a strong believer in the US criminal justice system, who has successfully represented those charged with a crime for over 20 years. Call us today at 213-401-2777 for free consultation.

R.J. Manuelian is a criminal defense attorney in los angeles, an author, a speaker, legal expert, consultant and legal commentator for all major media outlets.

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