Kamis, 29 Juli 2010

Defense Attorneys and Domestic Violence

Domestic violence defense is a specialty field among lawyers and anyone charged under these laws needs to make certain that they have appropriate legal representation. The penalties for violations of DV law are stiff and Los Angeles police are empowered to take a great many actions if they suspect that violence is afoot in a domestic scenario.
The measures they may take include separating the couple temporarily, seizing any weaponry in the household and determining if any injuries they observe in the course of the investigation were the result of physical violence by a partner or spouse.

The need for competent defense is made more imperative by the fact that domestic violence can be prosecuted as a felony crime. Those individuals who have prior convictions, especially for violent offenses, are at particularly high risk of being prosecuted with a felony. This means that legal representation must be comprehensive in investigating the arrest.
If any of the rights of the accused have been violated, a good domestic violence attorney will be able to determine as much and to add those violations to the defense's case. The stakes are high with these cases, that much is certain.
An individual convicted of domestic violence on the misdemeanor or felony level faces fines, imprisonment, community service, mandatory counseling and other penalties. At the felony level, the prison terms may be as long as 3 years. In most cases, the felony charges will not be prosecuted unless the victim claims extensive injuries or distress as a result of the domestic violence they allege occurred. This means that a good attorney can oftentimes find out if the claims being made against the accused are legitimate and if the prosecutor is being over-zealous in their pursuit of convicting the accused.

Domestic violence is defined as more than simply striking or otherwise physically assaulting an individual under California law.
Individuals may be charged with a DV crime if they engage in stalking behavior, if they make threats against a current or former intimate partner or if they are accused of abusing or endangering their children.

Couples who have a common child but who are not currently involved also fall under the purview of domestic violence law. As these charges can be very serious and the consequences even more so, an attorney who knows these laws inside and out is a necessary part of a good defense.

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