Traumatic condition is defined as: As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck.

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If a police officer merely thinks that an incident of domestic violence has occurred, they will take someone into custody. It doesn't matter if it was just an argument or even some light touching, the police are mandated to take someone into custody if they believe domestic violence has occurred. The problem is, that they do not have the time or resources to figure out what happened. As a society, we have been conditioned to believe that any threat of domestic violence is an indicator of an ongoing situation and can lead to murder. In most situations, this is not the case. Arguments happen between spouses, domestic partners, or live in couples. Tempers can flare, sometimes alcohol is involved, and sometimes a situation would have de-escalated on its own if there had been no outside interference. There is also the issue that, sometimes, people lie to get someone else in trouble. Without any physical evidence, such as bruising or injury, someone can be arrested just on the word of an aggrieved partner. 

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Domestic Violence As a Felony or Misdemeanor

The charge of domestic violence is what is called a "wobbler." Meaning that it can be charged as either a misdemeanor or a felony. The prosecutor will look at the facts of the case and the criminal history of the accused when deciding which way to file. Generally, if the injuries are light and the accused has no domestic violence history, the charge will be filed as a misdemeanor. However, if there are broken bones, cuts, loss of consciousness or other serious injuries, the case will be filed as a felony. 

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The maximum penalty for a misdemeanor conviction is one year in jail, if convicted of a felony, the maximum penalty is four years in prison. If you have a prior conviction the maximum penalty can go up to five years. 

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​Possible Defenses

Domestic Violence is a specific intent crime. The law says that the accused has to "willfully" inflict injury. This means that even if the accused did not intend to injure the victim, they acted with the intent to do the action. Therefore, if the action was involuntary because of a medical condition or uncontrolled muscle movement, then the act is not willful. 

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Another possible defense to a domestic violence charge is self-defense. If the accused was defending themselves from an attack, then there is no domestic violence on their part.

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Reduction of charges is another way to go with a domestic violence charge. Depending on the facts of the case, the charge can be reduced to simple battery or criminal threats.

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There are other defenses available for a domestic violence charge but are usually dependent on the specific facts of the case.

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​Getting A Defense Attorney

Prosecutors are trained to attack charges of domestic violence hard. There seems to always be a presumption of guilt, instead of the constitutional guarantee of innocence, with any domestic violence charge. Prosecutors will do anything they can to punish you, even if you are innocent. Do not face a domestic violence charge on your own. An experienced criminal defense attorney will know to attack the case and the prosecutors trained bias to put you in the best possible position to either get the case dismissed or reduced. Mr. Pitman has handled many domestic violence cases in Los Angeles and surrounding areas. Call The Pitman Law Firm now, your Encino Domestic Violence Defense Firm, we can help you. 

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