Domestic Violence

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Los Angeles Attorney

Domestic Violence Attorney in Los Angeles

You never expected to be here—facing a domestic violence charge that could upend your life. Maybe it was a misunderstanding that spiraled out of control. When emotions run high, people like you can get caught in a legal system that often assumes guilt before hearing your side of the story. Even without hard evidence, you could face jail time, restraining orders, steep fines, and permanent damage to your record. However, remember that accusations are not convictions. You still have rights, and working with an experienced Los Angeles domestic violence attorney can make all the difference in how your case is resolved.

When you need an experienced Los Angeles domestic assault lawyer who understands the complexities of such cases and can build a strong defense, contact the Esfandi Law Group. We know the fear, confusion, and frustration that come with these charges. We know that not every case is as simple as it seems. Whether you’re facing false allegations, exaggerated claims, or a situation blown out of proportion, we’ll work tirelessly to protect your rights, reputation, and future.

Don’t wait until it’s too late. The sooner you have a dedicated defense attorney on your side, the better your chances of achieving a favorable outcome. Call us today for a confidential consultation—because your future is worth fighting for.

Let’s Get Your Felony Domestic Charges Reduced or Dropped

Seppi Esfandi knows these types of crimes can be emotionally taxing on you and your family. Our law group will work directly with you and keep you informed about the proceedings of your case while alleviating any concerns you may have.

We have a team of experienced Los Angeles Domestic Violence Attorneys who are dedicated to providing the best possible defense for our clients.

In 2010 he was selected as one of the 70 attorneys to hold the distinction of “Certified Specialist“.

If you’ve recently been accused of domestic abuse or a related crime, it’s imperative to hire a criminal defense attorney with experience in cases involving the following domestic violence charges:

Corporal injury, Cohabitant abuse (PC 273.5)
Domestic Battery (PC 243(e)(1))

PC 273.5 convictions could result in heavy fines and mandatory county jail or even a state prison sentence.

The earlier you call, the greater your chances are of winning the case. (310) 274-6529

Domestic Violence Laws in Los Angeles

California law defines domestic violence as abuse or threats of abuse against an intimate partner, cohabitant, or close family member. This includes physical violence, emotional abuse, threats, harassment, and stalking. The most common charges in Los Angeles include:

Domestic battery—touching a qualifying individual harmfully or offensively, even without visible injury;
Corporal injury to a spouse or cohabitant—inflicting bodily harm, which may be a felony;
Criminal threats—threatening the person with serious harm, even if no physical contact occurs;
False imprisonment—restricting the person’s movement without their consent; and
Stalking—repeatedly following or harassing an individual to the point where they fear for their safety.

If someone who qualifies as a domestic partner under the statute accuses you of one or more of these crimes, it is a domestic violence charge. If you get convicted, it can lead to severe legal penalties, including jail time, protective orders, and lifelong consequences on your record.

How Can a Los Angeles Domestic Violence Attorney Help?

Facing domestic violence charges is overwhelming, but having the right legal defense can make all the difference. Here’s how we can help:

Case evaluation and evidence analysis. We thoroughly review police reports, witness statements, and any available video or forensic evidence to uncover inconsistencies or weaknesses in the prosecution’s case.
Legal defense strategy. Every case is unique, and we craft a personalized strategy tailored to your circumstances. Whether it’s claiming self-defense, exposing false accusations, or challenging improper police conduct, we fight for the best possible outcome.
Challenging restraining orders. Protective orders can severely impact your life, limiting where you can go and who you can contact. We advocate for fair restrictions and work to modify or remove unnecessary orders.
Negotiation with prosecutors. Our extensive experience allows us to engage in strategic negotiations, seeking advantageous plea agreements, charge reductions, or case dismissals where possible. Our goal is to minimize the possible long-term consequences of the accusation.
Courtroom representation. If your case goes to trial, you’ll have a fierce courtroom advocate and a highly skilled litigator who knows how to present compelling arguments to a judge and jury.

A domestic violence charge can have lasting repercussions, but Esfandi Law Group will zealously fight for your rights.

Charges Associated to Domestic Violence Offenses

Domestic violence offenses encompass a range of behaviors, each carrying its own legal consequences. It is essential to understand the different types of offenses to build a strong defense strategy. Some common types of domestic violence offenses include:

1. Physical Assault

California Penal Code §273.5 – Corporal Injury

California Penal Code §273.5, Physical assault involves any form of physical harm inflicted upon an intimate partner, such as hitting, slapping, or pushing. In Los Angeles, physical assault in a domestic context is charged under PC 273.5. A conviction for physical assault can result in severe penalties, including imprisonment.

California Penal Code §243(e)(1) – Domestic Battery

California Penal Code §243(e)(1) is also a domestic violence offense, but is considered to be a less serious offense. The difference is that, unlike corporeal injury or cohabitant abuse, domestic battery under California Penal Code §243(e)(1) has no requirement that the victim actually suffered any injury.

Also, domestic battery is a straight misdemeanor, not a wobbler, which means the maximum penalty is a year in county jail and a fine of up to $2,000, rather than prison time. A felony charge of California Penal Code §273.5 can be negotiated down to domestic battery under California Penal Code §243(e)(1) if the case is problematic or weak for the prosecution.

This is also a worthwhile venture if the individual accused is undocumented. As will be discussed below in further detail, California Penal Code §273.5 can have serious consequences for an undocumented individual. If convicted under California Penal Code §273.5, the individual can be deported, in addition to receiving a sentence of no right of re-entry into the country after leaving, no possibility of becoming a U.S. citizen, and no right to apply for a green card or an “adjustment of status.” Therefore, if at all possible, pushing for a reduction in sentencing from §273.5 to §243(e)(1) is essential.

When defending against physical assault charges, our attorneys meticulously analyze the evidence and witness testimonies. We challenge any inconsistencies or exaggerations in the prosecution’s case and consider any claims of self-defense. Our goal is to protect your rights and present a strong defense.

2. Threats

California Penal Code §422, Threats of violence, whether verbal or through intimidating behavior, are also considered domestic abuse. This can include threats to inflict harm upon an intimate partner or their property. Charges of threats are filed under California Penal Code §422.

In cases involving threats, our defense strategy involves questioning the credibility and intent behind the statements. We argue for a realistic interpretation of the events and work to demonstrate that there was no intention to cause fear or harm.

3. Sexual Offenses

Sexual offenses, such as rape or attempted rape, can also occur in the context of domestic violence. Rape within a domestic relationship is a grave offense that involves non-consensual sexual intercourse. These charges are heavily penalized under California law.

When defending against sexual offense charges, our attorneys meticulously examine all available evidence. This includes scrutinizing the credibility of testimonies and any physical evidence. We aim to challenge any inconsistencies in the prosecution’s case and provide a robust defense to protect your innocence until proven guilty.

4. Stalking

California Penal Code §646.9, Stalking involves repeated unwanted attention or harassment that creates fear in the victim. In a domestic context, stalking can include following, monitoring, or repeatedly contacting the victim. These cases often involve complex evidence, including electronic communications.

When defending against stalking charges, our attorneys skillfully dissect the evidence to build a strong defense. We aim to demonstrate that the actions were not intended to cause fear or harm and challenge any inconsistencies in the prosecution’s case.

5. Kidnapping

California Penal Code §207, Kidnapping in a domestic violence context involves forcibly taking or holding someone against their will. This can include taking a child or partner without their consent. Kidnapping charges in domestic violence cases are severe and require a vigorous defense strategy.

6. Child Endangerment

California Penal Code §273(a) is charged if child endangerment occured. If there is an allegation that a child was present or involved in the domestic violence dispute, an individual can also be charged with Child Endangerment, under California Penal Code §273(a). For instance, if a wife attacks a husband with a knife and there are kids in the room, the person may have put the children at risk of suffering bodily injury. The charge of California Penal Code §273(a) would be charged in addition to the California Penal Code §273.5 charge. California Penal Code §273(a) is a wobbler that can be charged as a misdemeanor or a felony. However, the determining factor in bumping it up to a felony is usually if the individual put the child at risk of great bodily injury or death.

NOTE: DCSF CAN TAKE YOUR KIDS AWAY

If a domestic violence incident happens in front of an individual’s children, the Department of Children and Family Services (DCFS) will get involved and attempt to remove the children from the home. Under these circumstances, it is imperative that the individual NOT speak to the DCSF. Not only can they use your statements to remove the children from the individual’s custody, but those same statements can and most likely will be used against the individual in the criminal domestic violence case. The golden rule here, as in with pretty much all interactions with law enforcement of any kind, is do not speak with them if you don’t have to and contact a criminal defense attorney immediately.

7. Elder Abuse

California Penal Code §368(a) states, “The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf.” California Penal Code §368(b) goes on to say essentially that it is a crime to willfully or negligently impose unjustifiable physical pain or mental suffering on an elderly or dependent adult.

An allegation of domestic violence where the victim is 70 years or older may subject you to additional liability of Elder Abuse under California Penal Code §368. This is a usually a crime that is charged against people who are taking care of or in charge of older people, such as a caretaker or adult child. Elder abuse is a serious domestic violence crime that can land you in prison for three years if the victim is under 70, and five years if the victim is 70 years of age and older. If the domestic violence offense ultimately leads to the elderly individual’s death, the sentence gets bumped up to five years for under 70 years of age and seven years if the victim is 70 years of age or older.

8. Disturbing the Peace

Under California Penal Code §415, it is a crime to unlawfully fight or challenge to a fight a person in a public place, maliciously and willfully disturb another person by loud and unreasonable noise, and use offensive words in a public place which are inherently likely to provoke an immediate and violent reaction. It is not uncommon for a prosecutor to reduce an original charge of domestic violence to one of disturbing the peace if a plea bargain can be arranged with the defense attorney. This is worthwhile to pursue because unlike domestic violence, disturbing the peace can be either a misdemeanor offense or the even lesser infraction (which is known as a “wobblette”). Furthermore, disturbing the peace carries none of the stigma and baggage associated with domestic violence, nor any of the immigration or employment consequences.

Legal Penalties for Domestic Violence Offenses

The legal penalties for domestic violence offenses in Los Angeles can be severe, depending on the nature and severity of the offense. Domestic violence charges can be filed as either misdemeanors or felonies, with the severity of the penalties determined by the circumstances of the case and the defendant’s criminal history.

If convicted for a misdemeanor, the defendant could face the following penalties:

A maximum of one year in county jail and/or
Maximum fines of $6,000
3 years of informal probation

For a felony, the defendant could be sentenced to:

Two, three, or four years in state prison
A maximum fine of $6000
5 years of formal probation

The specific penalties for domestic violence offenses vary based on the circumstances of each case. It is crucial to consult with an experienced Los Angeles Domestic Violence Attorney who can assess your situation and provide the best defense strategy tailored to your needs.

Defenses Against Domestic Violence Charges

When facing domestic violence charges, there are several common defenses that an experienced Los Angeles Domestic Violence Attorney can employ, depending on the circumstances of the case. Some common defenses include:

Self-Defense or Defense of Others

If you reasonably believed that you or someone else was in immediate danger of harm, you may assert self-defense or defense of others as a defense strategy. This defense asserts that your actions were necessary to protect yourself or another person from harm.

False Allegations

In some cases, individuals may be falsely accused of domestic violence due to misunderstandings, personal vendettas, or manipulation. A defense based on false allegations involves demonstrating inconsistencies in the accuser’s story or providing evidence that disproves the allegations.

To provide context, here are some real-life examples:

A wife is angry at her husband because she suspects him of cheating on her after looking through his cell phone. A heated verbal argument ensues where the police are ultimately called. The wife falsely accuses her husband of domestic violence because she is so incensed.
A husband is trying to get an advantage over his wife in a divorce and child custody battle so he accuses his wife of domestic violence to use as leverage.

Lack of Evidence

A defense based on lack of evidence challenges the prosecution’s ability to prove the alleged offense beyond a reasonable doubt. This defense may involve questioning the credibility of witnesses, inconsistencies in the evidence, or lack of physical evidence.

Accident or Mistake

In certain situations, the alleged violence may have occurred accidentally or due to a misunderstanding. A defense based on accident or mistake argues that there was no intent to cause harm and that the actions were misinterpreted.

It is crucial to consult with an experienced Los Angeles Domestic Violence Attorney who can assess the specifics of your case and determine the most effective defense strategy.

Lack of Willful Intent to Harm

A key element to the crime of domestic violence is that the individual willfully committed the acts that led to the traumatic condition. In order to be found guilty of domestic violence, as codified in California Penal Code §273.5, an individual must be aware of and know that his or her actions will result in the traumatic condition. The crime of domestic violence, under California Penal Code §273.5 requires the willful infliction of injury. To use an example to illustrate this point, if during a domestic argument, an individual accidentally bumps into their partner creating an injury, the individual does not possess the willful intention that is a required element under the domestic violence laws.

Why Choose Us?

At Esfandi Law Group, we specialize in defending those accused of domestic violence. Our firm stands out for the following reasons.

Decades of experience. Seppi Esfandi has over 23 years of criminal defense experience and has successfully defended thousands of cases, including highly complex domestic violence trials.
Personalized defense strategies. Every case is unique, and we tailor a defense strategy specific to your circumstances.
Spanish fluency. We provide legal representation for the Hispanic community, ensuring clear communication and access to justice for non-English speakers.
Proven track record. We have defended clients against high-stakes criminal charges, from domestic violence to homicide, achieving numerous dismissals and acquittals in Los Angeles courts.
Aggressive and strategic defense. We fight tirelessly to protect your reputation, rights, and freedom, using cutting-edge legal strategies to challenge questionable evidence and procedural errors.

We believe in a proactive and relentless approach to defense. From the moment you retain our services, we work diligently to uncover flaws in the prosecution’s case, negotiate favorable resolutions, and, when necessary, aggressively fight for you in court. Our firm is dedicated to ensuring you receive fair treatment under the law and the best possible outcome for your case.

Recalcitrant Victims, Testimony Reversals in Domestic Violence Cases

It is not uncommon, both in California and throughout the rest of the world, for people involved in close, romantic relationships to find themselves in a heated and volatile exchange. In these situations, it is not uncommon in the moment for a loved one to call the police on their partner in order to diffuse the tension, get someone in between them, or because they are extremely upset and angry. Later, when tensions have cooled, often the next week or even the following day or two, the purported victim, who initially went forward with “pressing charges” related to a claim of domestic violence decides that they don’t want to see their loved one go to jail or face domestic violence charges. However, even after they tell the police that they either don’t want to press charges or recant their statements and say that the police invented the domestic violence claims, this will not turn back the clock, so to speak. Once the call has been made, and the individual has been arrested for suspected domestic violence, even the person who set the criminal justice events in motion by calling the police cannot undo what has been done. Again, if an individual is in such a predicament, contacting a domestic violence attorney is crucial.

In these situations, the police and prosecution consider this to be a “recanting victim.” What this means is that the state and its agents will continue to believe the original account and that the alleged victim is simply making up a new story to either protect the individual or because they are being coerced by the individual. Under these circumstances, even though neither the alleged victim nor the individual accused of domestic violence want to proceed with the prosecution of the charges under California Penal Code §273.5, the prosecution can, and all too often, will, proceed with the case. This is important to keep in mind in the heat of the moment, as there are life-altering consequences once charges have been filed.

However, if the accuser has now changed their story but the prosecution still wants to proceed with the domestic violence case, this is not necessarily a bad thing and can in fact still be quite helpful. The prosecution’s main asset in successfully prosecuting a domestic violence case is usually the alleged victim. Therefore, a reluctant victim means the prosecutor may see their case as weak or hard to prove. This will often lead to a significantly better outcome for the accused individual, and, in fact, can sometimes lead to an outright dismissal of the domestic violence charge.

Technically, if an alleged victim in a domestic violence case refuses to testify, they can still be compelled to appear in court. However, even if they are served with a subpoena and forced to appear, they can still refuse to testify without the fear of being jailed. California Civil Code §1219 provides protection to victims in domestic violence cases from the usual consequences of refusing to testify, namely being jailed for contempt. But, this does not mean that the individual is out of the woods yet. Given the way that the rules of evidence work, the prosecution can still use the alleged victim’s previously given statements if they are considered “excitable utterances”. This excitable utterances exception will lead to the exclusion of all comments except those made during the actual event itself to law enforcement, often times during an emergency 911 call. Anything that falls outside the “excitable utterance” category is considered “hearsay”, and will not be admissible. However, sometimes these excitable utterance statements can provide enough damning evidence even without the live testimony of the alleged victim.

A reluctant witness can make it harder to prove a domestic violence case against an accused individual because (1) they may not show up to court (2) they may testify to things that are inconsistent with what they told the police and therefore their credibility will be compromised and (3) they may admit that they lied to the police in the first place. However, even if an alleged victim refuses to testify, they will still most likely have to take the stand. While on the stand, if the alleged victim makes comments other than affirming that they will not testify, these new statements can be used to bring in other evidence. For example, if the alleged victim of domestic violence states that they are withdrawing what they said previously or that they had been previously lying about the domestic violence encounter, this will allow the prosecutor to bring into evidence through other witness testimony all previous statements made by the alleged victim that contradict these new statements. Because of the intricate manner in which these rules of evidence interconnect, it is important to have the counsel of a skilled domestic violence attorney.

Protective Orders and Domestic Violence

At the accused individual’s first appearance in court, which is known as the arraignment, the Court will issue what’s called a protective order (restraining order) preventing the individual from any contact, whether in-person, telephonic or through an intermediary, with the alleged victim. In other words, this is an order of “no contact” with the alleged victim.

Given that in many if not most of these instances, because domestic violence necessitates an intimate relationship between the individuals, the two people involved live together, this restraining order inherently places extreme hardship on the accused individual. If the accused and the alleged victim of the domestic violence live together, the accused individual will be forced to find a new place to live while still paying their share of the rent for the shared residence. In addition, if the accused and the alleged victim have children, the protective order will prevent them from seeing each other. Also, in the event that the alleged victim decides they want to change their story, and the accused and the alleged victim decide they want to discuss the case together and coordinate a defense, they will be prevented by law from talking to each other because of the protective order.

What this does mean though is that if the individual has already posted bail, but has not yet gone to the arraignment hearing, they may still be able to talk to the alleged victim. Because the timeline here can get tricky, the accused individual should always consult with a criminal defense attorney beforehand. A violation of a protective order will present further difficulties for the individual, and therefore the guidance offered by a skilled domestic violence attorney is of paramount importance.

Domestic Violence is a “Wobbler” Offense

A “wobbler” is a crime that can be filed either as a misdemeanor or felony in California. When the arrest is for domestic violence, an individual is almost always booked as a felony. However, this does not necessarily mean it will stay a felony. Even if the prosecutor files the domestic violence charge as a felony, a criminal defense attorney can ask the Judge to reduce it pursuant to California Penal Code §17(b)(5) to a misdemeanor because it is a wobbler offense.

The Judge has the power to do this and may consider myriad supporting facts, including but not limited to an individual’s previous criminal record, their previous domestic violence-specific charges, the extent of the injuries, any mitigating circumstances or evidence including good character references, the strength of the case, and the reputation of the individual within the community.

Given all the variables at play when attempting to make a felony into a misdemeanor, it is important to consult with a trained criminal defense attorney concerning the issue of wobblers.

Bail for Domestic Violence

The cost of bail for a domestic violence charge is currently $50,000. This means that a bail company will charge an individual $5,000 to be bailed out of jail. However, on August 28, 2018, Governor Jerry Brown signed into law a bill that eliminates bail for those awaiting trial in California. It has yet to be shown exactly how this will be applied, and at any rate it won’t take effect until 2019. Therefore, as of right now, domestic violence is still abiding by the same bail structure.

As such, $5,000 is a lot of money. This being the case, an individual might want to speak to a criminal defense attorney first, as often times an attorney can get the individual out without having to pay any money. This is known as an OR (Own Recognizance) release. When trying for an OR release, the Judge will consider whether the individual is a flight risk or a potential danger to the community. For the most part, people charged with domestic violence are neither, and therefore they are presumptively eligible for an OR release. However, knowing how this system works is key, therefore hiring a criminal defense attorney to help guide an individual through this process is important.

Loss of Rights if Convicted of Felony Domestic Violence

In California, a felony conviction, whether involving domestic violence or otherwise, results in a significant loss of rights. A convicted felon will usually see a narrowing of job opportunities as they must always disclose their felon status when applying for jobs. Also, this same information has to be disclosed on all military and governmental questionnaires and loan applications. In addition, a convicted felon will lose their professional license, the right to vote, and the right to possess a firearm.

A conviction of California Penal Code §273.5(a) or 243(e)(1) will result in the loss of your gun rights. Previously, this loss of gun rights was for an individual’s lifetime if convicted of a felony, or for 10 years if convicted for the misdemeanor offense. However, on August 28, 2018, California lawmakers approved a bill that extended the 10 year to a lifetime ban as well for those convicted of misdemeanor domestic violence.

Consequences on Immigration Status

Unfortunately, domestic violence carries with it severe consequences for non-citizens. California Penal Code §273.5 is a deportable offense and if the accused individual is not a citizen, then it is imperative that they hire a qualified attorney to help advise them on how to prevent deportation or exclusion from naturalization and citizenship. Deportable crimes are enforced by the Department of Homeland Security and include the following crimes in California: (1) those involving domestic violence (2) those involving “moral turpitude,” (3) those which involve possession or sale of drugs (controlled substances) (4) a list of felonies which are considered “aggravated felonies” and (5) offenses involving guns.

Furthermore, domestic violence also qualifies as an “inadmissible crime,” meaning that it carries with it a no right of re-entry into the country after leaving, no possibility of becoming a U.S. citizen, and no right to apply for a green card or an “adjustment of status.” This means, in short, that the individual would be barred from ever changing their status from illegal to legal immigration status.

Expungement of a Domestic Violence Conviction

Under California Penal Code §1203.4, you are eligible to remove permanently your misdemeanor offense of domestic violence from your record. The main reason to expunge your record is so you can state that you have never been convicted of domestic violence in an application for employment or an application for housing.

Although expungement does not extend to felonies, you can have it reduced to a misdemeanor under California Penal Code §1203.4. If an individual successfully completes probation and are is not facing a new offense, they are eligible for their felony to be reduced.

Esfandi Law Group: Your Los Angeles Domestic Violence Lawyer

Domestic violence accusations can destroy your life, but you don’t have to face them alone. With the right Los Angeles domestic battery lawyer, you can fight back, protect your rights, and move forward. Contact Esfandi Law Group today for a confidential consultation. Time is critical—don’t wait to start building your defense.

The Legal Process in Domestic Violence Cases

Domestic violence cases in Los Angeles follow a specific legal process that involves several stages. Understanding this process is essential for anyone facing domestic violence charges:

1. Arrest and Booking Procedures

If you are arrested for a domestic violence offense, you will undergo arrest and booking procedures. This includes providing personal information, fingerprints, and photographs.

2. Arraignment and Bail Hearings

During the arraignment, you will hear the charges against you and enter a plea. Bail hearings may also take place to determine whether you will be released from custody and under what conditions.

3. Pre-Trial Proceedings

Pre-trial proceedings involve the exchange of evidence, witness testimonies, and negotiations between the prosecution and defense. This stage may also involve motions to suppress evidence or dismiss charges

4. Trial

If your case proceeds to trial, both the prosecution and defense will present their arguments and evidence before a judge or jury. It is crucial to have a skilled Los Angeles Domestic Violence Attorney by your side to navigate the complexities of the trial process and present a strong defense.

5. Sentencing

If you are found guilty or plead guilty, the court will determine the appropriate penalties for your offense. This may involve jail or prison time, fines, probation, mandatory counseling, or other conditions.

Seek Experienced Legal Representation

If you have been accused of domestic violence in Los Angeles, it is essential to seek the assistance of an experienced Domestic Violence Attorney. At Esfandi Law Group, our team of skilled attorneys has extensive experience in handling domestic violence cases in Los Angeles and throughout Southern California. We are committed to protecting your rights, providing a strong defense, and ensuring that justice is served.

(310) 274-6529