Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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California domestic violence laws make it a crime to harm or threaten to harm, an intimate partner.
If a domestic violence (“DV”) charge gets filed under these laws, a defendant can attempt one, or all, of the following to try and get it dropped:
Please note that it is often challenging to drop DV charges in California. This is mainly because it is up to the prosecutor whether the charges get dropped. And many of the State’s prosecuting agencies have adopted a “no drop” policy when it comes to DV charges.
There are four main ways a DV defendant can try to convince a prosecutor to drop the charges. These are:
This last piece of advice is often the most valuable. A knowledgeable DV attorney can be critical in getting a charge dropped because he/she can:
Yes. It is often hard to get a DV charge dropped in California. This is because prosecutors ultimately decide whether a charge gets filed or dropped. And, many prosecuting agencies have adopted a “no drop” policy when it comes to DV charges.
There are two reasons for the policy. The first is that it sends the important message that domestic violence charges are of significant concern, and they should be addressed seriously and aggressively.
The second reason pertains to the general assumption that DV victims will later change their story about what happened out of fear of the abuser. This means a prosecutor may frown upon a dropped charge, even if the accuser decides to change her story later, because the change is likely more due to fear rather than the truth of what happened.
California Penal Code 13700 defines “domestic violence” as “abuse” committed against an “intimate partner.” 1
A person commits “abuse” when he or she intentionally or recklessly uses or threatens the use of physical force against an intimate partner.2
For purposes of this statute, an “intimate partner” is defined as:
Common crimes of “domestic violence” in California include:
Some of these offenses are misdemeanors. Others are felonies.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.