Being Charged Falsely With Domestic Violence

Those charged falsely with domestic violence face a very intimidating situation. Police officers who investigate the scene have leeway to determine if any injuries they observe were the result of domestic violence. While the individual making the accusation may later try to come clean, whether or not these charges are prosecuted is entirely the purview of the prosecuting attorney. Los Angeles has strict laws regarding domestic violence and one can find themselves facing these charges even if there is no act of violence or no evidence of such an act present at the time of arrest.

Domestic violence in Los Angeles includes crimes such as stalking an individual. Stalking amounts to engaging in activity which includes unwanted contact after having been informed, following individuals back and forth from work and other places and making harassing phone calls or other contact. There are other acts that can be prosecuted under domestic violence law. Unwanted sexual contact can be prosecuted as an act of domestic violence as can the endangerment or striking of children. These laws carry very significant consequences and anyone facing such a charge must immediately contact an attorney. While being arrested, one should also observe their rights.

Police will likely want to ask a few questions as the clich goes but one is not obligated to answer any question put to them by a police officer, even if they are officially under arrest. This is the Miranda right to remain silent. Be aware that interrogations dont necessarily involve being in an interviewing room, a detective or any of the other common concepts of this procedure. A police officer can interrogate a suspect casually while theyre in the back of the cruiser. Interrogating simply means asking a question and any question put to an individual should be considered an interrogation.

Contacting an attorney who is competent with this area of the law is always the first sensible move. Domestic violence laws are complex and there are many ways that a prosecuting attorney can press these charges. The prosecuting attorney will also have the authority to press either misdemeanor or felony charges. If one has prior convictions, they are even more at risk. A good lawyer will make certain that ones rights are respected and that false accusations are exposed for being as much. Being charged with this crime requires the accused to take fast defensive action.