near me
Los Angeles Domestic Violence Lawyer

Los Angeles Domestic Violence Lawyer

Have you been arrested or charged with a domestic violence crime pursuant to Penal Code Section 273.5 PC? Call Cyrus S. Tabibnia, the best domestic Violence Attorney in Los Angeles. Cyrus S. Tabibnia has represented hundreds of clients facing domestic violence charges in Los Angeles and throughout Southern California. In general, domestic violence laws are triggered in California when a person is alleged to have committed an assault, battery or criminal threat against a spouse, fiancé, cohabitant, dating partner or the parent of your child. Look no further and Let criminal defense Lawyer fight for you and your rights.

Best Domestic Violence Attorney Los Angeles

Domestic violence charges are very serious, and most district attorney’s offices in California retain a separate unit dedicated to prosecuting domestic violence cases. Prosecutors also tend to pursue jail time for domestic violence charges, even in first offense misdemeanor matters. Not least, it is important to note that, even if your accuser “recants” their allegations or changes this/her mind and decide that they do not want to press charges, the district attorney’s office may still pursue the case, and they often do. No judicial system is perfect, and the nature of ours is such that innocent persons, as well as guilty ones, may be accused of and prosecuted for domestic violence. That is also because relationships, especially ones involving an intimate partner, can be fraught with emotion, and, often times, an accuser may make a completely false allegation of domestic violence out of anger, jealous, to gain an edge in child custody or divorce cases, or simply out of spite.

Other times, there may have been physical contact between two persons, but that contact may have been an accident or the accused/arrested person may have been acting in self-defense during a fight, a struggle, or other physical altercation.

Moreover, there are incidents where a person is guilty of domestic violence; however, the prosecutor may be pursuing a level of punishment that exceeds the nature of the crime or fails to consider the nuances of the case.

In domestic violence cases, a thorough investigation of all the facts is the key to an aggressive, and successful, defense. Prosecutors often have preconceptions and beliefs about what took place, and it is your attorney’s job to present your side of the story and to humanize you to the prosecution, and before the court. With that said, the most common domestic violence codes include:

PENAL CODE 273.5 – CORPORAL INJURY TO A SPOUSE OR COHABITANT

Penal Code Section 273.5 reads:

(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment. (b) Subdivision (a) shall apply if the victim is or was one or more of the following: (1) The offender’s spouse or former spouse. (2) The offender’s cohabitant or former cohabitant. (3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243. (4) The mother or father of the offender’s child.”

Explanation

Penal Code 273.5 makes it a crime to willfully (or intentionally) inflict a “corporal injury” resulting in a “traumatic condition.” A person may be charged with PC 273.5 if they are alleged to have committed this crime by striking or hitting their intimate partner with force or violence. Generally, this code section is charged when there is a visible physical injury to the accuser. Examples of injuries include scrapes, bruises, swelling, redness, welts, bleeding, or otherwise.

Legal Defenses

You were acting in self-defense,
Your actions were not intentional or willful,
You are being falsely accused and did not commit the domestic abuse

Penalties

A charge of willful infliction of corporal injury (PC 273.5) is called a “wobbler,” meaning that the district attorney retains the discretion to charge it as either a misdemeanor or a felony. The determination of how a PC 273.5 will be charged is primarily based upon the facts of the case and the criminal history of the defendant. When charged as a misdemeanor, Penal Code 273.5 carries a potential sentence of up to one (1) year in county jail, and/or a fine of up to six thousand dollars ($6,000). If PC 273.5 is charged as a felony, it carries the possibility of a two (2), three (3), or four (4) year California State Prison term.

GET YOUR CASE REVIEWED Today

PENAL CODE 243(e)(1) – DOMESTIC BATTERY

Penal Code Section 243(e)(1) reads:

“When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer’s treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.”

Explanation

Under Penal Code 243(e)(1), it is a misdemeanor crime to cause violence or inflict force on an fiancè, spouse, former spouse, cohabitant, a dating partner, the parent of your child, or anyone else qualifying as an intimate partner. The distinction with the more serious charge of PC 273.5 is relatively simple: PC 243(e)(1) does not require a visible injury; a simple shove or pulling of the victim’s clothing may suffice for a domestic battery PC 243(e)(1) charge.

Legal Defenses

You were acting in self-defense,
Your actions were not intentional or willful,
You are being falsely accused and did not commit the domestic abuse

Penalties

The potential penalties for a conviction under PC 243(e)(1) include a fine of up to two thousand dollars ($2,000), and/or imprisonment in the county jail for up to one (1) year.

As with PC 273.5, punishment and sentencing for PC 243(e)(1) varies depending on (1) the seriousness of the injuries, if any, (2) the actions of the defendant and (3) the defendant’s criminal record. But most counties impose a minimum 30 days jail, even for first-time misdemeanor convictions. Some form of domestic violence courses – often for 52 weeks – and/or anger management classes are often also ordered.

Immigration Consequences

It is important to note that a domestic violence conviction can lead to serious immigration consequences for defendants who do not retain U.S. citizenship. That is because most of domestic violence offenses constitute what are called “crimes of moral turpitude” and may trigger deportation proceedings by the federal government.

Not least, as with any serious conviction, domestic violence may remain on a person’s permanent criminal record and always surface during background checks for employment, benefits or licensing.

For the reasons set forth above, it is critical that you aggressively fight your case in order to prevent a conviction or, in the alternative, to get your charges reduced or dismissed.

Contact Los Angeles Domestic Abuse Attorneys For A Consultation

Dealing with a Los Angeles domestic violence case can be extremely stressful. If you feel that your safety or reputation is in danger, due to false allegations of domestic violence, contact Domestic Abuse lawyers at TABIBNIA LAW FIRM in Los Angeles, California today 866-713-2159 and schedule a consultation.

Our Law Firm Also Focuses On The Following Practice Areas:

Areas We Serve

Van Nuys Santa Monica Beverly Hills Manhattan Beach Woodland Hills Redondo Beach
Long Beach Santa Clarita Pasadena Encino Whittier Norwalk
Inglewood Glendale Burbank Pomona Downey La Puente
Torrance Lancaster Palmdale West Covina Monterey Sherman Oaks
Walnut Creek Westlake Village

Testimonials

Jack - 30y old
Cyrus is a consummate and dedicated professional who’s well versed in those aspects and nuances of the law applicable to his work. 
read more
He puts the welfare of his clients first and foremost. He is always negotiating on behalf of their best interests and provides them the best possible outcome to their situation.

As a client, I don’t feel like I could have gotten a better result with such great service from any other attorney.

Kris - 45y old
I actually had two cases that I needed help with. Not only did Cyrus win BOTH of them for me, but he did it in tremendous fashion and ease.
read more
I can not emphasize enough how great of an experience it was to get these cases of mine out of the way.  Not only did he do so, but he also helped me to stay calm throughout the process, and insured me to remain confident in his abilities, he was right! You are awesome Cyrus and thank you again sir.

Miriam - 40y old
What can I say about this wonderful attorney. When I was in a need of a great attorney I pray to god to lead me to the right attorney that is going to help me out to fight my case.
read more
God heard my prayers and he lead me to Cyrus I knew and I believe and I have  faith on him. Because god knows who is the right person that is going to defend us. He will make justice and he did.. He will fight for you……. I have so much faith that if any one is lost of choosing the right lawyer for yourself. I recommend him he is the best so you can stop searching and hired him.
Jose - 36y old
I was charged with child abuse last year. I was very scared and confused. I didn’t think I did anything wrong. 
read more

Then one of my friends recommended Mr. Cyrus Tabibnia to be my attorney. I have to admit I did not want to hire an attorney because my money situation was not good and I did not trust attorneys. But when me and my wife visited him we felt very comfortable. Mr. Tabibnia was very knowledgable and wise and knew what he was doing. He explained everything to me and my wife. He even offered a payment plan. So we decided to hire his law firm.

During the case Mr. Tabibnia was always available to talk to me and my wife. And later he was able to get the case against me dropped. Hiring Mr. Tabibnia was one of the best decisions I ever make. I recommend him.

Please note: we value the privacy of all our clients. Therefore, names have been changed to protect our past clients.

Van Nuys Office

6454 Van Nuys Blvd Ste 150
Van Nuys, CA 91401

Los Angeles Office

10100 Santa Monica Blvd Suite 300
Los Angeles, CA 90067

Toll Free