South Bay criminal defense attorney

Redondo Beach criminal law attorney Brian A. Newman is available to discuss an arrest or prosecution of you or someone close to you for domestic violence. Mr. Newman is a criminal law attorney with over 30 years experience handling domestic violence cases in Redondo Beach, California. Mr. Newman has a strong track record in Los Angeles Courts of obtaining not guilty verdicts and other outright dismissals in domestic violence cases. You can call Brian Newman directly at (310) 316-6622.

LAW AND PROCEDURE IN DOMESTIC VIOLENCE CASES

In Redondo Beach, California, police are encouraged to develop their own procedure that encourages the arrest of domestic violence offenders and requires the arrest of one who violates a protective order. The police also are required to make reasonable efforts to seek out the dominant aggressor (not necessarily the first aggressor, but the person who is most significant).

Threatening or violent conduct is usually considered domestic violence against any of the following people: a spouse or former spouse, fiancé, fiancée, a cohabitant or former cohabitant, a person with whom the suspect currently is having or has previously had an engagement or relationship, a person with whom the suspect has parented a child, or is presumed to have parented a child, a child of the suspect, a child of a person in one of the above categories, any other person related to the suspect by blood or marriage within the second degree, or any person who is 65 years of age or older and who is related to the suspect by blood or legal guardianship.

Redondo Beach police officers will usually arrest one of the two parties involved in a domestic dispute even without conclusive evidence. An arrest will be made based on what the officers determined was the probable cause of the dispute and who the primary aggressor was. Bail for these types of arrests is usually set at around $50,000.

Arrests for domestic violence in Redondo Beach will usually result in the filing of criminal charges by the prosecution. Even if the alleged victim is not willing to cooperate, charges will likely be filed. The majority of the time, a misdemeanor charge is filed unless the person arrested has a long history of domestic violence or caused serious injury.

If one is arrested for domestic violence and doesn't immediately make mail, one is entitled to be brought before a judge and informed of the charges. In Los Angeles, many first-time arrestees that cannot make bail will plead guilty just to get released. This is because a guilty plea for first time offenders will typically have a minimal sentence and accompanied by an immediate release; if a person chooses to enter a not-guilty plea, they will typically not be granted release from prison. Consequently, people who have made bailed are in the best position to fight the charges. People charged with domestic violence are entitled to trial by jury. The jury has to unanimously agree that the accused person is guilty beyond a reasonable doubt.

PENALTIES AND CONSEQUENCES OF CONVICTION

Redondo Beach Residents convicted of domestic violence are looking at a maximum one-year prison sentence for a misdemeanor and a three-year sentence for a felony. Any guilty plea to domestic violence requires one-year attendance in a domestic violence class, community service, fines, fees, and probation and a restraining order will usually be issued as well.

Consequences can be dire even for first time offenders. California law imposes a 10-year ban on possessing firearms for domestic violence offenders and the conviction could result in a permanent federal firearms ban. Non-citizens, even those legally present, may be deported. Employment prospects are also greatly dimmed by a domestic violence conviction.

Probation terms for domestic violence cases typically last for about three years. Any legal violation or repeat arrest for domestic violence will almost always result in custody time. Moreover, a criminal law judge isn't required to submit a violation of probation to the jury; the judge makes the ultimate decision. Probationers are allowed to have an attorney present at the judicial hearing however.

Call us today at 310.316.6622 and talk with an experienced Redondo Beach domestic violence defense lawyer that will fight for you!

Serving South Bay Cities:

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Call Mr. Newman directly at (310) 316-6622