Reduced Charges for Domestic Violence in Los Angeles

Reduced Charges for Domestic Violence in Los Angeles

Domestic violence is a serious issue, but the legal system in Los Angeles does allow for reduced charges in some cases. This article will explain when reduced charges may be possible, what the reduced charges could be, and the process for getting charges reduced. We’ll also look at the pros and cons of reduced charges, and what defendants need to do to get charges lowered.

When Can Charges Be Reduced?

If it’s a first-time offense with no injuries, the district attorney may agree to reduce the charges, especially if the defendant has no criminal record. Factors like showing remorse, seeking counseling, and not contacting the victim can help. The victim’s input matters too – if they ask for leniency, charges often get reduced.

Charges can also be lowered if there are issues with evidence or witnesses. For example, if the victim changes their story or refuses to testify, the D.A. may reduce charges since conviction becomes less likely.

What Could the Reduced Charges Be?

Common reduced charges include:

• Disturbing the peace
• Disorderly conduct
• Simple assault or battery

These are misdemeanors, while domestic violence can be a felony. Misdemeanors have less severe penalties like probation or short jail time vs. state prison for felonies. The D.A. may also agree to reduce felony domestic violence to a misdemeanor battery if it truly seems like an isolated incident.

How Does the Process Work?

First, the defense attorney negotiates with the prosecutor, highlighting mitigating factors and trying to get charges lowered or dismissed. If they reach a deal, it’s presented to the judge at a pretrial hearing. The judge can approve or reject the plea bargain. If approved, the defendant pleads guilty or no contest to the reduced charges. Dismissed charges cannot be refiled later.

Sometimes there’s no pretrial deal, so reduced charges are negotiated on the trial date. The D.A. may lower charges to avoid an acquittal if they think their case is weak. Defendants can also plead to reduced charges “open” to the judge, who decides the sentence with no pre-agreed terms.

What Are the Pros of Reduced Charges?

The main benefits are:

• Avoiding felony conviction and prison time
• Shorter probation period
• Less impact on future job/housing prospects
• Lower fines and fees
• Possible reduction in restraining order duration

Even if there’s a misdemeanor conviction, it’s still much better than a felony. Less severe charges also look better in future criminal record background checks.

What Are the Cons of Reduced Charges?

Drawbacks may include:

• Pleading guilty or no contest to an offense
• Probation requirements like counseling, classes, community service
• Jail time, though less than with a felony
• Having a misdemeanor on your record
• Higher insurance rates

While less serious than a felony conviction, pleading to a misdemeanor still has consequences. However, many defendants feel the pros outweigh the cons in avoiding felony charges.

How to Get Charges Reduced

Here are some tips for defendants seeking lower charges:

• Hire an experienced criminal defense attorney – they negotiate reduced charges every day
• Get character references from employers, friends, clergy
• Take domestic violence classes before your court date
• Write an apology letter demonstrating remorse and accountability
• Don’t contact or go near the victim while the case is pending

The judge will look at these efforts to see that you’re trying to change. An attorney can also gather evidence and witness statements to cast doubt on the prosecution’s case if needed.

The Bottom Line

While domestic violence charges are serious, options like reduced charges exist in Los Angeles criminal courts. An experienced local defense lawyer can advise if your case may qualify. They’ll negotiate firmly but tactfully with the D.A., knowing which buttons to push. It takes artful persuasion – not aggression – to earn reduced charges. With a skilled attorney’s help, a felony can potentially become a misdemeanor, avoiding life-changing consequences.