Domestic Violence— Penal Code § 273.5 & § 243 2017-07-20T15:35:58+00:00

Domestic Violence Lawyer— Penal Code § 273.5 & § 243

Experienced Los Angeles Domestic Violence Attorney

Domestic violence crimes are those like assault, battery, and criminal threats where the alleged victim is your spouse, dating partner, cohabitant, or the parent of your child. These crimes carry more serious penalties when they are charged under domestic violence statutes.

If you have been accused of some form of domestic violence, you cannot afford to wait to speak with a Los Angeles domestic violence lawyer from Moaddel Law Firm about your case. Our firm has been recognized for our commitment to obtaining the best outcomes possible for our clients. We have helped countless clients preserve their freedom by upholding their rights in and out of court. Look to our firm to give you the counsel and advocacy you need if you are charged with any type of crime.

Unfortunately, many defendants in domestic violence cases have been arrested based on false allegations. For example, domestic violence accusations can be used to gain leverage in divorce or child custody cases. They may be made out of spite or jealous when a relationship sours. Often the police may arrest someone even if they were defending themselves and not the aggressor.  What most people don’t realize is that even if the alleged victim in a domestic violence case asks that the charges be dropped, after the police show up, police will be forced to make an arrest if they perceive any injuries.  At this point, the prosecutor is the one who will determine if charges will be brought forth.

Don’t Let Accusations Ruin Your Future

While the penalties vary based on the specific offense charged, the seriousness of the injuries, and the defendant’s criminal history, most courts will impose a minimum of 30 days in jail, even for a misdemeanor with no prior criminal conviction, and almost all require a 52-week domestic batterers’ class.

Nearly all domestic violence crimes are considered “crimes of moral turpitude” and can have serious consequences for defendants who are not U.S. citizens. A conviction of one of these crimes can result in deportation and inability to naturalize.

If you are charged with a domestic violence crime, it is crucial to have a Los Angeles domestic violence attorney to tell your side of the story.

Penal Code § 273.5

Penal Code § 273.5 prohibits “corporal injury” resulting in a “traumatic condition” to a spouse or cohabitant. This section requires a visible injury, such as a bruise or swelling, even if it is slight.  As a “wobbler,” PC § 273.5 can be charged as a misdemeanor or a felony depending on the gravity of the specific case

Penal Code § 243(e)(1)

Penal Code § 243(e)(1) prohibits the infliction of force or violence on an intimate partner, such as a cohabitant, the parent of your child, or a current or former spouse or dating partner. PC § 243(e)(1)is a misdemeanor and does not require a visible injury.

Penal Code § 273d

Penal Code § 273d prohibits child abuse, defined as “corporal punishment or injury” on a child that is “cruel or inhuman” and causes even a slight injury.

Online Crimes

As the use of online social media grows, domestic disputes are increasingly played out online, and domestic violence laws are adapting. For instance, Penal Code § 647(j)(4) prohibits “revenge porn”: the intentional distribution of sexual photos of another person with the intent of causing emotional distress.

Most instances involve the distribution of photos of an ex-spouse or ex-dating partner after a breakup, hence the name. Penal Code § 653.2 makes it a misdemeanor to post harmful information on the internet or in an email message, with the intent of inciting others to harass the victim, also known as “indirect electronic harassment.”

How Moaddel Law Firm Can Protect You from a Domestic Violence Charge

There is not time to waste in securing capable legal representation if you have been accused of some form of domestic violence.  At Moaddel Law Firm, our trusted Los Angeles domestic violence attorneys know what a conviction can do to your life, and just as importantly, we know how prosecutors and police assemble their charges.  We put our vast experience to work to negotiate a favorable plea or by taking you case to court.

Contacting our firm as soon as you are charged with domestic violence can mean preventing the City or District Attorney from filing your case, stopping it in its tracks.  If not, it may still be possible to have an Office Hearing scheduled rather than having you undergo the time-consuming and often embarrassing ordeal of a court appearance.  Furthermore, our firm can assist you in responding to any Temporary Restraining Order which can be issued in these instances.

No matter the details of your case, you need to speak with a Los Angeles domestic violence lawyer from our legal team right away, and we can protect your best interests at every turn!

Don’t wait to begin building your legal defense—call Moaddel Law Firm immediately for the counsel you need: (877) 375-8188!