Criminal Defense
Identifying the “Primary Aggressor” in a Domestic Violence Context – Part 2 of 3 – California Penal Code 13701
In identifying the "primary aggressor" of a domestic violence dispute, law enforcement will consider the intent of the law to protect victims of domestic abuse from continuing abuse, any threats giving rise to fear of physical injury, the history of domestic violence between the parties involved, and whether either part was acting in self-defense. If you have been accused of causing injury to a spouse, former spouse, or cohabitant, you…
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Identifying the “Primary Aggressor” in a Domestic Violence Context – Part 1 of 3 – California Penal Code 13701
Police officers and prosecutors alike receive training for identifying the primary aggressor in the context of a domestic violence dispute. When being charged with any type of domestic violence in California, it is critical that you immediately contact a criminal defense attorney versed in handling all domestic violence cases. You will need an advocate on your side to assist in painting a more accurate portrait of the incident in question.…
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What You Need to Know if You Are Facing a Domestic Violence Charge
The language in recent case decisions indicates that courts recognize the danger inherent in domestic violence situations. The volatility of situations involving domestic violence make them particularly well suited for an application of the emergency circumstances doctrine, where law enforcement can enter your home without a warrant given that an emergency is taking place. When officers respond to a 911 domestic abuse call, a judgment call may be required when…
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Domestic Violence – Officer’s Entry Into Suspect’s Home Found To Be Lawful Based Upon Express or Implied Consent (Part 3)
Two leading domestic violence cases, People v. Frye (1998) 18 .4th 894 and People v. Wilkins (1993) 14 .4th 761, have held that law enforcement entries into a suspect's home were lawful as consent entries. The court in People v. Frye stated as follows; it may be inferred from the fact the victim and defendant resided together in the apartment that the victim possessed authority to consent to the officer's…
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Domestic Violence – Exigent Circumstances May Justify An Officer’s Warrantless Entry Into Your Residence (Part 2)
In the context of an officer's warrantless entry into your residence, the most important issue is objective reasonableness. Whether, under the circumstances of your case, the officer's warrantless entry into your residence was objectively reasonable. If so, the "exigent circumstances" expection to the general warrant requirement may apply to justify the entry. A common issue in domestic violence cases is whether the officer responding to the scene should have secured…
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Domestic Violence – Officer’s Presence At One’s Residence (Part 1)
Several cases have involved situations wherein officers go to a residence in response to a report of domestic violence being committed. Generally, if an obviously battered victim is present and the batterer is still within the residence, the officer may enter the residence to arrest the batterer. This was expressed in the case of People v. Frye (1998) 18 Cal.4th 894. The issue is whether, in light of the facts…
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Violation of a Restraining Order
If you have been accused of violating a restraining order, you may be considered to be in contempt of court. A violation of a restraining order can lead to a misdemeanor or felony charge. Generally, if it is a first offense it will be charged as a misdemeanor. You might be facing hefty fines as well as potential jail time. The amount of the fine and the length of jail…
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Restraining Orders in California
Restraining orders are court orders that prohibit one person from contacting another person. In the state of California, there are various types of restraining orders. Emergency Protective Order (EPO) – This type of restraining order goes into effect immediately but is not long-lasting. It is generally used in domestic violence instances and gives a person time to apply for a permanent restraining order. Temporary Restraining Order (TRO) – This type…
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O.C. Man Sentenced to 17 Years for Making Threats to Wife and Family Law Judge
A 45-year-old Orange County man was sentenced to 17 years imprisonment for possessing homemade explosive devices with the intent to kill his former wife, her divorce attorney, the family court judge and Huntington Beach Police Department officers. The Costa Mesa resident was ultimately charged with a laundry list of offenses, 15 felony counts in all, including stalking, possession of a destructive device with intent to injure, possession of a homemade…
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A Court May Consider a Dismissed Charge When Imposing Probation Conditions
An Experienced Criminal Defense Attorney Knows How to Argue Against Facts Underlying a Dismissed Charge A California appellate court has recently held that trial courts have broad discretion in granting or denying probation and imposing probation conditions. Further, the appellate court ruled that a trial court even may consider a charge that the defendant was not convicted of or pled guilty to. See People v. Martin, C.A. 4th/2, DAR p.10639.…
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