Domestic Violence and Prior Charges
Domestic violence charges can be prosecuted as misdemeanor offenses or as felonies at the discretion of the prosecuting attorney. In some cases, felony charges are levied when there’s been a particularly egregious act of violence committed against the victim. Other circumstances which may result in a felony being prosecuted are those which involve the abuse or endangerment of a child or which involve a repeated and long-standing pattern of the accused individual engaging in behavior which can be construed as acts of domestic violence. For those who have prior convictions, however, there is an additional danger.
Prosecutors are more likely to level felony charges against one accused of domestic violence if an individual has a prior criminal record. Particularly if that record contains acts of violence, they are more likely to be hit with a felony case. Individuals in this situation have a pressing need to contract with the most competent lawyer available and, they should make absolutely certain that the attorney they choose is one who specializes in the field of domestic violence law. These laws are extremely complex and they have evolved in myriad regards over the years. They also extend to unmarried couples.
Any act of violence as is defined under the law may be construed as an act of domestic violence provided that the participants are an intimate couple of any sort. Couples who are dating, cohabitating or have children together are all subject to domestic violence law. The acts which are defined as violence under the law have also expanded. Domestic violence law now makes accommodations for prosecuting acts of stalking, harassment and various crimes which are leveled against the children in a family rather than against one of the adult partners. This makes the laws much more complex.
If an individual has prior charges and, especially those charges happen to be felonies, they need to contact an attorney as quickly as possible. Because prosecutors will be more motivated to file felony charges against such an individual, the stakes are much higher. Felony domestic violence charges carry a three month to three-year prison term in a state facility. This may be augmented if one has prior convictions, especially if those convictions are felonies. The right legal representation will make certain that not only are one’s rights respected but that the actual severity of the case is revealed to the court.
White Goldestein provides clients with excellence in criminal defense in Los Angeles. Specializing in domestic violence defense, rape defense, sex crimes, violent crimes, DUI and federal crimes, White Goldstein provides experience, knowledge and skill in the Los Angeles area.
