On December 7, 2020, Los Angeles County District Attorney George Gascon was sworn in as the County’s 43rd District Attorney. Following his defeat of Jackie Lacey, a DA who had built a reputation for a “tough-on-crime” approach, Gascon went straight to work making changes to his office true to his platform of criminal justice reform, progressive services, and rehabilitative prosecution. A main goal of his platform being lowering the prison population.

Gascon’s less punitive approach to crime includes no more gang enhancements, eliminating cash bail (including no longer seeking bail for anyone facing a misdemeanor charge or non-violent or non-serious felony), ending use of the death penalty, and providing resentencing eligibility. These major changes are expected to lead to the early release of thousands of state prison inmates whom Gascon said are unfairly serving overly long sentences.

The initial response to Gascon’s sweeping changes has included significant pushback and criticism by the public, victims and victims’ families, victims’ rights groups, Los Angeles prosecutors’ unions, and law enforcement. Gascon has in turn responded by adhering to his platform and reminding the public that he previously served as an LAPD assistant chief of police and has seen the broken inner workings of the Los Angeles criminal justice system. He stands by his position of reducing jail overcrowding and addressing more insidious issues in the District Attorney’s office including racism. What Does This Mean If I Am Facing Charges Or Have A Pending Case?

The new District Attorney’s office changes are having a major impact on new filings and pending cases. Beginning through not filing or stoping the filing of first-time misdemeanor offenses – associated with poverty and mental health such as loitering or public intoxication – and eliminating bail, going all the way to no more gang enhancements on filings and changes to sentencing; the DA changes affect cases of all sorts. Both new arrests and those already in the Los Angeles Superior Court system as pre-trials or awaiting trial outcomes. Misdemeanors and felonies.

Having your attorney work up your case is an opportunity you cannot miss. Your attorney will work aggressively at preventing charges, reducing the charges (in type or from a felony to a misdemeanor), and laying the foundation for your entire case defense. We can also guide you through the process of obtaining release via the new DA measures. This will result in you being as well prepared as possible to minimize the consequences of a criminal case with an attorney that is familiar working and negotiating with the Los Angeles District Attorney’s office.

What Do I Do Now?

If you or a relative or friend is currently in custody, has recently been arrested, or is facing an investigation or case; you must seek professional counsel. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience resolving cases successfully that are being prosecuted by the Los Angeles District Attorney’s office. Remember, you cannot leave your defense up to the parties that are trying to convict you. Contact us now for a Free Consultation.

With the recent Covid-19 (Coronavirus) pandemic, tensions are higher than ever. Quarantine, loss of work, social isolation, and all other stressors have created a perfect storm for emotional escalations. Some of these even turning physical. This has meant that domestic violence incidents have risen during the pandemic.

Though law enforcement responds to every call, not every call is a legitimate instance of domestic violence. We know that many times calls are placed with the intention of reducing an escalation; however, law enforcement is quick to jump to conclusions. Most of the time they view these calls as legitimate and these situation as instances of domestic violence. That is when then conduct an arrest.

Remember, an alleged victim cannot simply decide to drop charges. Once an investigation is in the hands of the police or sheriffs, it becomes their obligation to pursue the investigation to close and turn over the file to a prosecutor for filing consideration. The prosecutor is then who decides to file charges.

It is critical at every step of the way to intercept a filing and make your defense heard. We have been successful preventing charges from being filed by the prosecutor by making your voice and position a part of the file. Otherwise, the prosecutor has only the police reports to go by. What About My Defense Before I Appear In Court?

Domestic violence charges can be filed in various ways. Most of these charges are wobblers, meaning they can the filed as felonies or misdemeanors. A felony penalty can be devastating and carry serious consequences. As can a misdemeanor. Leaving your defense in the hands of law enforcement, the prosecutor, or a public defender is never wise. A public defender will not be assigned until the case has been filed. This means you have essentially no defense during that crucial early phase of the investigation and prosecutor review.

Having your attorney work up your case pre-file (this means before it is filed and you appear in court) is an opportunity you cannot miss. Your attorney will work aggressively at preventing charges, reducing the charges (in charge type or from a felony to a misdemeanor), and laying the foundation for your entire case defense. This will result in you being as well prepared as possible to minimize the consequences of a criminal case.

What Do I Do Now?

If you or a relative or friend is currently in custody, has recently been arrested, or is facing a domestic violence investigation or case; you must seek professional counsel. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience making pre-filing domestic violence intervention and resolving these cases successfully. Remember, you cannot leave your defense up to fate or the parties that are trying to convict you. Contact us now for a Free Consultation.

It is a crime under California’s domestic violence laws to harm, or threaten to harm a spouse, fellow parent, cohabitant, intimate partner, or even someone you are dating/have dated. Unfortunately, many people who are completely innocent are accused of domestic abuse every day. Even worse, if you are found guilty or “convicted” of domestic violence it can impact your reputation, family relationships, even your freedom. A criminal record is something you don’t want hanging over your head.

If you are convicted on domestic violence charges, other consequences may include payment of restitution to the victim, fines, loss of child custody rights, mandatory participation in domestic violence classes, jail time, and immigration consequences if you are not a citizen of the U.S.

What are some of the most common defenses used in domestic violence cases? Some include:

The alleged victim falsely accused you Your (the defendant’s) actions are not what caused the injuries It was an accident You (the defendant) were acting in defense of yourself or another person

Domestic violence is defined under California Penal Code 13700 as abuse committed against an intimate partner. An individual commits “abuse” when he or she intentionally or recklessly uses physical force against an intimate partner, or even threatens to use force. Even if an injury is as minor as a small scratch, responding officers must make an arrest. It is easy for a minor disagreement to escalate into a full-blown argument and in the end, it is often a case of “he said, she said.” The alleged victim may have been the one to first make threats of harm, but you may be the one facing charges in the end. You can easily see how the wrong person could be accused of domestic abuse.

There are a lot of “what ifs” and “buts” when it comes to domestic violence and depending on the circumstances, the criminal charges could be extremely serious – especially if you have a prior criminal record or conviction. The best thing you can do to protect your legal rights and freedom is to work with an experienced Los Angeles domestic violence defense attorney. Depending on the facts of your case it may be possible to have charges dismissed, or felony charges reduced to a less serious misdemeanor offense. It’s easy to find yourself the “fall guy” or gal – don’t let false allegations ruin your future.

According to Beck and Garcetti, the biggest factor in the increase in violent crime was the rise in domestic violence cases. The mayor claims Los Angeles is safer than it has ever been, and that part of the reason for the unflattering statistics and increase in certain violent crimes is the fact that LA is growing. Property crime was down nearly 5% in 2014, and is the most common offense in the Los Angeles area.

The primary drivers for increases in violent crime include not only an increase in situations involving domestic violence, but the switch of some misdemeanor assaults to aggravated.

Statistics show that last year, the crime of rape went up almost 21%, while homicides increased by 4%. Aggravated assault is up more than 28%.

One individual who is a survivor of domestic violence said, “I just wanted to get away from it. I was through with it.” Carla Lopez said that she put up with domestic abuse for three years before she decided to leave her abuser. In their discussion, Beck and Garcetti renewed the vow to end the cycle of domestic violence in LA.

Plans are in the works to increase the number of domestic abuse response teams so that every LAPD division has one; this would increase the number of teams from 10 to 21.

Domestic violence is a growing problem not only in LA, but around the country. This is a crime that involves threatened abuse or violence, or physical violence in situations involving married couples, couples who live together, those who share children and who are separated or divorced, even between individuals who are or were in a dating relationship. Often time, arguments escalate out of control; sometimes drinking or drugs are involved. In many cases, one person may be wrongly accused of domestic violence, and the accuser may actually be the person who started the altercation, or even made threats.

Domestic violence doesn’t apply only to physical assault, but to intimidation, stalking or harassment, even sexual abuse or abuse that is verbal or social. While it may be charged as a misdemeanor or felony, those convicted will face serious and damaging consequences.

If you have been wrongly accused of domestic violence, take action immediately. Consult with a skilled and experienced Los Angeles domestic violence attorney who will work to uncover the truth and obtain the best possible result.