Lane Garrison Sentenced in Domestic Violence CasePosted on: January 30, 2013 at 5:03 a.m.Troubled actor Lane Garrison has successfully avoiding having to return to jail after striking a plea deal with prosecutors in a domestic violence case. Garrison was accused of striking his former girlfriend, former Playboy Playmate Ashley Mattingly in front of her apartment building during an argument. The incident took place last April and could have put the actor in serious legal trouble as he was on parole for a 2007 criminal conviction. Instead of jail time, however, Garrison has pleaded no contest to misdemeanor domestic battery and was sentenced to 36 months of unsupervised probation, eight hours of community service and a full years’-worth of weekly Alcoholics Anonymous meetings and domestic violence classes. Garrison was also ordered by the court to stay away from Mattingly at all times. While video surveillance footage from Mattingly’s apartment building certainly seemed to show Garrison striking his then-girlfriend, Garrison has maintained his innocence since his arrest. Garrison claims he was simply trying to take his cell phone back from Mattingly after she had snatched it out of his hand. Garrison, who is perhaps best known for his work as David “Tweener” Apolskis on the hit television show “Prison Break,” had previously pleaded guilty to criminal charges in 2007. After an alcohol-related car crash in 2006 left a teenager dead, Garrison was charged with vehicular manslaughter, driving under the influence of alcohol and providing a minor with alcohol. Garrison was sentenced to 40 months in prison. He was released in 2009, well short of his sentence, for good behavior. Upon being released from prison, Garrison was said to have enrolled in a substance abuse program to deal with an alcohol and drug addiction. As Garrison’s case demonstrates, there are always two sides to every domestic dispute. While video footage may appear to show Garrison striking his then-girlfriend, even video footage is not always enough to convince a jury that domestic abuse occurred. Small details such as camera angles and lighting can trick the eye and make a person think they are seeing something that they really are not. If you have been accused of domestic violence, you need an experienced criminal defense attorney right away. A good attorney knows that many types of evidence can be excluded from your trial because they were improperly or even illegally obtained. Even the police and law enforcement officials have strict guidelines as to how and when they can obtain evidence against you. If the evidence does not meet the requirements, it may be barred from being used in your trial. Tagged as: domestic violence pc 273_5 Former Councilwoman Pleads Not Guilty to Charges of Battery and VandalismPosted on: August 21, 2012 at 11:10 p.m.In what is turning out to be an incredibly complicated case, a former San Fernando city councilwoman has pleaded not guilty to charges of battery and vandalism while the alleged victim in the crime appeared in the courtroom and called for charges to be completely dropped. Maribel De La Torre was having an affair with married former councilman Mario Hernandez when the two had an argument on June 28th that allegedly turned violent. De La Torre is accused of attacking Hernandez, including punching, slapping, choking and pushing him, as well as smashing both his laptop computer and a glass frame. De La Torre maintains that she was acting in self defense and is innocent of the charges against her. When asked about the current state of her relationship with Hernandez, she replied that there was “no relationship,” though Hernandez has been at both of her court appearances and has declared that he will not testify against her. Outside the courthouse, Hernandez reiterated that he did not intend to testify and instead called attention to what he believed was improper handling of the case by the San Fernando Police Department. He would not elaborate on what he meant by the statement. The apparent truce aside, Hernandez asked for, and was granted, a temporary restraining order against De La Torre on July 3rd of last year. Two days later, on July 5th, De La Torre also filed for a temporary restraining order against Hernandez, indicating that she believed Hernandez was the aggressor, not her. Later in July both Hernandez and De La Torre agreed to drop their respective restraining orders and settle the matter privately. Hernandez’s assertion that he will not testify against De La Torre, as well as his call to have the charges against her dropped, are falling on deaf ears. Under state laws, if evidence of domestic abuse is found by law enforcement agents, charges against the alleged perpetrator can still move forward. Anyone familiar with domestic violence laws can tell you that alleged victims of domestic abuse can and frequently do either recant their stories or decide not to press charges against their abusers. These laws were put in place in part to prevent people from staying in potentially abusive and even dangerous relationships and endangering their safety. Since Hernandez, who has resigned from his post as council man, is still considered a witness to a crime, prosecutors maintain that he can still be ordered to take the stand and testify. It remains to be seen, however, what would happen if he simply refused to answer questions while on the stand. Tagged as: battery, domestic violence pc 273_5, los angeles battery defense, Los Angeles Criminal Defense Attorney, los angeles criminal defense attorney, los angeles domestic violence defense attorney, san fernando violent crime defense lawyer, vandalism pc 594 Marston Hefner Sentenced in Domestic Abuse CasePosted on: March 22, 2012 at 1:47 a.m.The son of legendary Playboy Enterprises founder Hugh Hefner, Marston, was sentenced this week in a domestic abuse case in which he is said to have physically beaten his girlfriend in their Pasadena home. Marston Hefner pleaded "No Contest," to charges of corporeal injury on a spouse or cohabitant following an arrest on February 12th. Hefner reportedly was facing up to one and a half years in a jail for the incident, but was instead sentenced to a 52-week domestic violence class. Hefner was also ordered to stay away from his girlfriend, former Playmate of the Year Claire Sinclair, for three years. Hefner had also been facing one count of vandalism for destroying Sinclair's laptop computer during the incident, but that charge was dropped. Marston is Hugh Hefner's son from his second marriage, to former Playboy Playmate of the Year Kimberly Conrad, and is just 21 years old. An experienced Los Angeles Domestic Violence Defense Attorney knows that domestic abuse cases can be extremely tricky to navigate. If you are facing criminal charges from a domestic dispute, call the offices of Kestenbaum, Eisner & Gorin, LLP today to speak to an aggressive lawyer right away. At Kestenbaum, Eisner & Gorin, LLP, our attorneys have over five decades of combined experience in helping defend people just like you against criminal charges of all types, including domestic violence. Domestic abuse is defined as any abuse, physical or otherwise, that is committed against a spouse, girlfriend, partner who shares a home with you, a person who was formerly romantically involved with you, or a person with whom you have had a child. While that definition covers a large group of people and various crimes, the vast majority of domestic violence or abuse crimes are felony criminal offenses that are capable of landing you in jail or even prison. One thing that many people do not know about domestic abuse cases is that even if the alleged victim decides not to press charges, if investigators in the case feel that a crime has been committed, you can still be charged with a domestic violence crime. Tagged as: domestic violence pc 273_5 Black And Fiance Arrested For Domestic AbusePosted on: February 10, 2012 at 5:32 a.m.Famed pornography actress Tori Black and her fiancé were both arrested on charges of domestic violence late last month after an argument in the couple's Las Vegas hotel room allegedly got physical. Black, whose real name is Michelle Chapman, was in town for the AVN (Adult Video News) awards in which the actress was nominated for a past performance, though she did not win. Black admitted to local law enforcement agents that she had been drinking when she returned to the hotel room she was sharing with her fiancé, Lyndell Anderson, and their five-month-old baby. The couple began arguing over formula for the baby when Anderson allegedly called Black an unfit mother and the argument escalated. Black admitted punching her fiancé in the back of the head, then claimed that he shoved her into a wall. Video surveillance footage from the hotel's hallway confirmed her account. Both Anderson and Black were arrested for domestic battery. If you have been arrested for domestic violence, you need an experienced and skilled Los Angeles Domestic Violence Attorney right away. At Kestenbaum, Eisner & Gorin, LLP, our attorneys have over five decades of collective experience in dealing with domestic abuse charges and we know how to fight for you and win. Your attorney knows that the best defense is one that is aggressive and that begins right away. Your attorney can tell you that domestic violence can be either a felony or misdemeanor criminal offense depending on the circumstances and how much damage or injury occurred. Being convicted of misdemeanor domestic abuse can subject you to probation, mandatory counseling such anger management classes, fines, restitution to the victim and up to one year in jail. An experienced lawyer knows that if you are convicted of felony domestic violence, you are facing several years in a state prison. An capable law firm can also tell you that even if the victim of domestic abuse decides not to press charges against you, you may still be charged with a criminal offense if investigators in the case decide there is enough evidence to proceed. If you are facing charges of domestic violence, call us at 1-877-781-1570 to speak about your case and begin preparing your defense. Tagged as: domestic violence pc 273_5 Mayweather Sentenced for Domestic AbusePosted on: January 16, 2012 at 12:58 a.m.Professional boxer Floyd Mayweather was sentenced to three months in jail after striking a plea bargain with prosecutors last month. Mayweather was arrested for domestic abuse in September of 2010 after his ex-girlfriend accused the boxer of hitting her several times in the head with his fists and threatening to kill her in front of their children. Mayweather was initially charged with felony domestic violence, but as part of his plea bargain he pleaded guilty to the lesser charge of misdemeanor domestic violence, as well pleading no contest to two additional charges of misdemeanor harassment. The judge in the case sentenced Mayweather to six months in jail, though three months of the sentence were suspended. The boxer was also given credit for three days he had already served. Mayweather was also sentenced to 100 hours of community service, ordered to complete a 12-month domestic violence program, and finde $2,500. He was given until January 6th to turn himself in to begin serving his sentence. If you are facing criminal charges from a domestic incident, you need a skilled and aggressive Los Angeles Domestic Violence Defense Attorney immediately. Domestic violence does not just occur between married couples, but can include people who are no longer romantically involved, people who are dating, or people who share custody of a child but are not married or dating. Your attorney also knows that in cases where there is evidence of domestic abuse, physical or not, local law enforcement agents do not need the supposed victim to press charges in order to arrest you. Law enforcement agents can legally charge you with domestic violence even if the victim does not want to or is not cooperating with the investigation. An experienced attorney knows, though, that many domestic incidents can be difficult to prove because they tend to happen in private places and without many witnesses. Tagged as: domestic violence pc 273_5 Rapper Sentenced For Domestic ViolencePosted on: January 9, 2012 at 6:35 p.m.Rapper Flesh-N-Bone was sentenced in late December after striking a plea bargain on domestic abuse charges. The rapper, whose real name is Stanley Howse, was arrested one year ago in January of 2011 on suspicion of domestic violence when an argument with his wife is said to have gotten physically violent. Howse was officially charged with inflicting bodily injury on a spouse, criminally threatening her and false imprisonment. The rapper spent an unspecified amount of time in jail, then struck a deal with prosecutors in which he pleaded guilty to false imprisonment in exchange for the charges of inflicting bodily injury and criminal threats being dropped. Howse's sentenced was amended to time already served in jail, three years of probation and serving 100 hours of community service. In addition, Howse must also donate $400 to a battered women's shelter and participate in a domestic violence program. Howse always maintained that he was innocent of the charges against him, but he agreed to plead guilty to certain charges in order to gain his freedom and move on with his life. Howse has been part of the rap group Bone Thugs-N-Harmony since the mid-1990s, as well as releasing three solo albums. Howse has a long history of legal troubles and criminal arrests, including several weapons possessions charges and parole violations. Tagged as: domestic violence pc 273_5 Atkins Arrested For Domestic AbusePosted on: December 19, 2011 at 2:29 a.m.Country singer Rodney Atkins was arrested in late November for domestic assault after an argument with his wife allegedly turned physical at their Tennessee home. According to reports, Atkins' wife, Tammy, called 911 near 8 o'clock in the morning on November 21st after the couple had been arguing the whole night. Tammy Atkins then told police that her husband had attempted to smother her with a pillow and even grabbed her face and threw her down a hallway--all in front of the couple's 10-year-old son. Atkins' wife insisted that the country music star had been consuming alcohol all night to the point of intoxication. Atkins was arrested that morning and held at a nearby jail until he was released after posting $2,500 bail. Atkins, however, insists that his wife lied to police about the incident, claiming that the argument never turned physical. Atkins has since filed for divorce. No word has been given on when Atkins is expected to appear in court or what penalties he might face if he is convicted. Tagged as: domestic violence pc 273_5 Dourdan Arrested For Felony BatteryPosted on: November 16, 2011 at 1:55 a.m.Actor Gary Dourdan was arrested for battery last week after a dispute with his former girlfriend turned violent. According to reports, Dourdan showed up at his ex-girlfriend's Venice, California home and local law enforcement agents were called to the residence around 9 o'clock that evening after calls reporting a disturbance. When police arrived at the scene, Dourdan's girlfriend was not in the home, but a second call to the Los Angeles Police Department that evening reported an injured woman in a nearby alley. Police at the scene discovered Dourdan's girlfriend had suffered a broken nose, which she claimed Dourdan had given her. The actor was immediately arrested and booked for felony battery. He was held on $50,000 bail. Dourdan is best known for his work as Warrick Brown on the hit television show "CSI: Crime Scene Investigation" from 2000 to 2008. Dourdan also appeared in the film "Jumping The Broom," which was released earlier this year. No word has been given as to when Dourdan is next expected in court. While this is Dourdan's first arrest for battery, he was previously arrested in 2008 for drug possession in Palm Springs, California. An experienced Los Angeles Criminal Defense Attorney knows that battery charges are taken very seriously in Los Angeles, especially if they involve a former or current romantic partner and could be construed as domestic abuse. If you are facing battery charges, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today at 1-877-781-1570 to speak to a skilled lawyer today. Our attorneys have over five decades of combined experience in defending people against battery and domestic violence charges and we know what it takes to win for you. With the right Attorney by your side, you may be able to not only avoid jail time that could disrupt your life and work, but even have your charges reduced or dismissed altogether. An experienced Attorney can tell you that by law, if a crime appears to be domestic abuse, law enforcement officials and prosecutors do not need to wait for the victim to press charges before they make an arrest. If investigators find evidence of domestic violence, they can arrest you and charge you with a serious crime even without the testimony or cooperation of the alleged victim. Your Criminal Defense Attorney can also tell you that the majority of domestic violence charges are felony criminal offenses that can land you in a county jail or even a state prison. Call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense. Tagged as: domestic violence pc 273_5 Former KISS Guitarist in Need of Los Angeles Criminal Defense AttorneyPosted on: May 23, 2011 at 6:37 p.m.Vincent Cusano - aka Vinnie Vincent - was arrested after allegedly smacking his wife in the face, dragging her through a pile of broken glass and more. In fact, police found four dead dogs at the scene of the arrest of the former KISS guitarist. With the countless charges Cusano will be facing, only a knowledgeable and skilled Los Angeles Domestic Violence Attorney will be able to provide the kind of top notch representation he needs. Cops say that when they arrived, his wife Diane was covered in blood and reeking of alcohol. According to police, Diane told officers she had escaped the couple's Tennessee home after he smacked her in the face following an argument about other women. Vincent grabbed her by the hair and threw her down to the ground. The woman claims she was then dragged through a pile of glass from a broken plate. She also told police she tried to get away, but the 58 year old threw her to the ground four more times before she escaped and drove herself to the police station. After police were dispatched to the scene of the alleged crime, they found Vincent and four sealed containers containing dead dogs. Vincent was arrested and booked for aggravated domestic assault. his bond was put at ten thousand dollars and animal services was contacted to look into the dead dog situation (Vincent claimed another dog had killed the others). There are quite a few criminal charges Vincent will be facing, and without a Attorney at his side, Vincent will surely face years in prison. Any domestic violence accusation is complicated, because police must carry out an investigation even if the alleged victim withdraws his or her complaint. This means that even a drunken misunderstanding could turn into jail time, even when the witness claims to have lied to police. At Kestenbuam Eisner & Gorin, LLP we can provide top notch criminal defense for anyone charged with a crime. With years of experience and a long track record of success, we can help you navigate even the most complex legal situations. Our legal team will work with you and defend your freedom from Day 1. Tagged as: domestic violence pc 273_5 Beverly Hills Actress Arrested for Felony Domestic ViolencePosted on: May 19, 2011 at 4:59 p.m.Normally, a crime in Beverly Hills involves too much botox or a botched plastic surgery procedure. However, a c-level celebrity was arrested for domestic violence and is now in serious need of a Los Angeles Criminal Defense Attorney to defend her. Shauna Sand was arrested early in the morning for felony domestic violence, according to TMZ. The Beverly Hills Police Department responded to a call from Shauna's home just before midnight after someone called to report a fight at her home. Ms. Sand was arrested on a charge of felony domestic violence after police noticed visible marks on her husband, Laurent Homburger. Homburger himself was arrested on two charges, spousal batter and making criminal threats. The 39 year old Sand and 25 year old Homburger were taken to the Beverly Hills Police Station where they were booked. Sand allegedly sprayed her husband with mace directly into his face during the altercation. The argument followed the woman's claim that she wanted a divorce. As you can see, no one is immune from domestic violence charges, even the rich and famous, and having a Los Angeles Domestic Violence Lawyer working on your behalf could be the difference between prison and freedom. Sand is an actress and Playboy model, making it to Playmate of the Month in May 1996. She also starred in the show Renegade with Lorenzo Lamas. Despite her fame and fortune, Sand could be facing years in prison if convicted of the felony domestic violence charge. Whether you are a high ranking political official, a movie star followed by the paparrazzi or just an average joe. Tagged as: domestic violence pc 273_5 Domestic Violence, ESPN and Los Angeles Criminal Defense AttorneysPosted on: February 28, 2011 at 8:48 p.m.Normally when ESPN runs a domestic violence story, it usually involves an athlete, but a recent story actually involved one of its sports reporters. Howard Bryant, a senior writer at ESPN and a frequent panelist on a show called "The Sports Reporters", was arrested for allegedly committing domestic assault and resisting arrest. The incident took place in Massachusetts where the writer lives. Allegedly, he was out with his wife when he was seen attacking her and choking her up against a car. A customer inside a local restaurant called police who then arrested Mr. Bryant. He then allegedly struck the state trooper with an elbow in the chest during the arrest. The police allege they have five witnesses who saw the incident. However, both Mr. Bryant and his wife (the alleged victim in the case) deny the police's account of the situation and both defended Mr. Bryant. The writer released a statement claiming race and a lack of communication led the police to act violently towards him in front of his son. His wife (who is white) made essentially the same statement in defense of her husband. As any Los Angeles Domestic Violence Attorney knows, once someone is accused of domestic assault, they have a very high hill to climb. Even if the alleged victim does not press charges and does not cooperate with police, the authorities are still obligated to investigate the incident. This is why you should contact a Los Angeles Criminal Defense Attorney even if the person you allegedly attacked denies the allegations to police. In this instance, the man was arrested, was forced to pay $5,000 bail and is in danger of losing his job. This high profile individual might have to go through a nightmare of a legal situation all because the police did not understand exactly what was going on and some people saw a white woman with a black man. This may sound disturbing, but it happens quite often. If you or someone you love has been accused of domestic assault, contact the lawyers at Kestenbaum Eisner & Gorin, LLP by calling 877-781-1570. With over 50 years of combined experience with criminal trials, we can help provide an excellent defense, no matter what the nature of the case. Our Los Angeles Domestic Violence Defense Attorneys will provide you with top notch legal representation. Call us today. Tagged as: domestic violence pc 273_5 USC Hero in Domestic Violence TrageyPosted on: October 18, 2010 at 10:13 p.m.In the late 1980's and early 1990's, Junior Seau was one of the greatest linebackers in the nation, playing defense for the University of Southern California. Now, Mr. Seau is looking for a Los Angeles Criminal Defense Attorney who can help him avoid serious jail time. Seau is accused by his 25 year old girlfriend of committing domestic assault during a verbal agreement at the former NFL star's home in San Diego, CA. Police were sent to Mr. Seau's Oceanside home to investigate a domestic violence report. Once police arrived on the scene, the alleged victim told police that she sustained minor injuries that did not require medical treatment. Seau had already left but was arrested without incident. He eventually posted bail and released. However, the incident got more complex, bizarre and scary when Seau allegedly drove his SUV off a cliff in Carlsbad, CA close to the beach. Seau was able to escape any major injuries, but he made the job of his Los Angeles Criminal Defense Attorney far more difficult by committing an act that implies guilt to any jury. Seau was arrested for and charged with felony spousal assault with injury, a crime which carries years in prison, fines and much more. For the former NFL pro-bowl linebacker, such a fall would be disastrous. As the fifth overall pick in 1990, Seau made headlines throughout Los Angeles and San Diego with his amazing play for the Chargers. However, he is currently facing serious consequences, a lifetime of bad headlines and possibly even a strike according to California's Three Strike laws. When a Los Angeles Criminal Defense Attorney defends someone facing a felony charge, he must keep the Three Strikes Laws in mind. Domestic violence convictions can lead to restraining orders, years in prison, difficult in civil court, fines, restitution and much more. If you or someone you know has been charged with domestic assault or domestic violence in Los Angeles, contact the Los Angeles Criminal Defense Attorneys at Kestenbaum Eisner & Gorin, LLP today by calling 877-781-1570. It's a complicated legal process, and being arrested could embarrass you publicly and privately. Junior Seau will be facing public scrutiny, shame and possibly loss of tremendous amounts of income. With a good lawyer, he can at least put himself in the best position possible to avoid jail time. Tagged as: domestic violence pc 273_5 40 Year Old Virgin...Assault?Posted on: September 15, 2010 at 8:20 p.m.The film 40-Year-Old-Virgin starred Steve Carell, Paul Rudd, Seth Rogan, Elizabeth Banks and many other comedic actors, making audiences laugh for two hours. However, a case involving of the actors has jurors concerned and not laughing at all. Actor Shelley Malil, who played one of the store employees in the film, is currently on trial where he stands accused of stabbing his ex-girlfriend 20 times in a fit of jealousy. He is domestic violence crime is being defended by a Los Angeles Criminal Defense Attorney who is helping Malil protect his future. In this complex case, the stakes could not be higher. Malil's defense involves some of his own testimony. When questioned by his Los Angeles Criminal Defense Attorney, the 40-Year-Old-Virgin actor said he did not remember stabbing Kendra Beebe (his girlfriend at the time), although he did remember lashing out with a knife after a confrontation with a man in the backyard of the woman's home in San Marcos, CA. Malil is from Sherman Oaks and is charged with unpremeditated attempted murder, assault with a deadly weapon and residential burglary. If convicted, he could face up to 21 years in prison. Prosecutors allege that Malil brought the knife with him when he showed up at Beebe's home, uninvited. The woman, who has two children, testified that Malil approached her and she thought he was going to give her a hug. Instead, he stabbed her. During the trial, which ends this week, former coworkers of the woman testified that the night before the stabbing, Malil emailed them all picture of himself having sex with Beebe. As you can see, prosecution tactics and testimony involve attacking the defendant's character, background and state of mind. It may have been inappropriate for Malil to have sent sexual photos, but the prosecutors are stating that it shows he's capable of attacking Beebe. Without a skilled Los Angeles Criminal Defense Attorney representing him, Malil would be facing such tactics with no real means for defense. If you or someone you love has been accused of domestic violence, you need an lawyer you can trust to have your back. At Kestenbaum Eisner & Gorin, LLP, our Los Angeles Criminal Defense Attorneys will supply you with the legal representation you need for any criminal trial. Contact us today at 877-781-1570. Tagged as: domestic violence pc 273_5 Los Angeles Lakers and Domestic ViolencePosted on: September 9, 2010 at 6:26 p.m.First it was Mel Gibson demonstrating the need for a Los Angeles Criminal Defense Attorney in domestic violence cases, now new Los Angeles Laker Matt Barnes is facing serious legal troubles in Sacramento for the same type of incident. Sacramento County officials are saying that the Los Angeles Laker guard has been arrested on suspicion of domestic violence following an incomplete 911 call from a home in the middle of the afternoon. Sheriffs responded to the call and deputies stated that both Barnes and the woman involved had visible injuries; however, Matt Barnes was the one taken into custody after police determined he was the primary aggressor. The woman in question is not named and reportedly had been dating Barnes. The Laker was booked on suspicion of domestic violence and maliciously obstructing the use of a telephone line according to ESPN. Barnes posted a $50,000 bond and was released. When a Los Angeles Criminal Defense Attorney has to defend someone charged with such a situation, the details can often prove to be sketchy. For example, it could be a "he said, she said" case, but the prosecution and judge will always favor the alleged victim. Had Barnes been out with another woman and come home to an upset and violent wife, his attempts to defend himself could put him in jail. If the girl in question withdraws her charges, the police still must investigate the situation and that could still land the former Los Angeles Clipper in jail. In fact, Barnes claims he was indeed the victim "but still got arrested...No matter what I say, people are gonna think what they want." Matt Barnes signed with the Lakers after playing with the Clippers, Sacramento Kings, New York Knicks, Philadelphia 76ers, Golden State Warriors, Phoenix Suns and Orlando Magic. He does not appear to have a prior record, which any Los Angeles Criminal Defense Attorney will tell you is a major plus in his category. Without a prior record, a "one time incident" will be a much easier sell to a judge or jury. If Barnes tries to fight this charge and claim he was the victim, he may have to file charges against the woman in the case. If you or someone you love has been charged with, accused of or arrested for domestic violence, contact the Los Angeles Criminal Defense Attorneys at Kestenbaum Eisner & Gorin, LLP today by calling 877-781-1570. Our Los Angeles lawyers will help you defend your rights and protect your freedoms before and during trial. Tagged as: domestic violence pc 273_5 Mel Gibson and Los Angeles Domestic AbusePosted on: September 8, 2010 at 9:51 p.m.Mel Gibson, star of the Lethal Weapon movies and director of The Passion of the Christ is facing civil and criminal charges stemming from a domestic violence incident. His Los Angeles Criminal Defense Attorney has not commented much, but the media has had a field day with the case due to Mr. Gibson's celebrity. Recently, the L.A. County Sheriff involved in the case has developed his own celebrity and is actually filing a lawsuit over the situation. Complicating Los Angeles Domestic ViolenceOne of Mel Gibson's main legal challenges is that he has prior arrests for other charges. While his DUI conviction was erased due to the expungement, any jury trial would involve people who have heard of his past legal troubles. The use of racist terms, the use of sexist terms, his past battles with alcohol, the comments recorded by his former girlfriend and more could all pose serious challenges for his Los Angeles Criminal Defense Attorney.For any individual facing domestic abuse charges in Los Angeles, having a skilled lawyer by your side is an absolute necessity. Far too many people facing serious felony and misdemeanor charges put their future in the hands of public defenders who overseeing hundreds of other criminal cases. Without an experienced, knowledgeable and determined Los Angeles Criminal Defense Attorney you could be facing years in prison, thousands upon thousands of dollars in fines and much more. A domestic violence conviction can lead to any, or all, of the following:
Tagged as: domestic violence pc 273_5 Mel Gibson, Los Angeles and Domestic ViolencePosted on: August 26, 2010 at 11:49 p.m.One cannot think of domestic violence without thinking of the ongoing Mel Gibson case involving his former girlfriend and the mother of one of his children, Oksana Grigorieva. Many Los Angeles Domestic Violence Defense Attorneys are paying special attention to the case because it is both high profile and could have serious ramifications on domestic abuse laws. Mel Gibson's case has now gone to the Los Angeles District Attorney, who will pay special attention to the case, in part because it is a high profile case and in part because it is an election year. The accusations against Mr. Gibson are many, but here are some of the details:
Domestic violence is such a serious crime because it can impact both the long term freedom of the defendant as well as an individual's career options, child custody and place in the community. One thing that the woman in this particular case is trying to do to Mel Gibson is take away all of his child custody from the daughter they had together. Additionally, due to the terrible nature of this case, Gibson's film career is essentially finished. His reputation is permanently destroyed, and regardless of the facts he will always be seen as an abusive, racist individual who hits women. Fighting against such a reputation is absolutely necessary, which is why a highly skilled Los Angeles Domestic Violence Defense Attorney is absolutely necessary in any case involving domestic abuse. At Kestenbaum Eisner & Gorin, LLP, our Los Angeles Domestic Violence Defense Attorneys possess the knowledge, skill and successful track record necessary to build the best defense possible for your case. We utilize the best experts in investigations and psychology to help build your case. If you have been accused of domestic abuse, contact our lawyers today by calling 877-781-1570 today. Tagged as: domestic violence pc 273_5 ESPN and Domestic BatteryPosted on: August 23, 2010 at 10:21 p.m.Any Los Angeles Criminal Defense Attorney will tell you that being charged with any form of domestic violence can ruin your life in the short and long term. Many domestic violence cases in Los Angeles involve here-say (he said, she said) but the laws heavily favor the victim and/or accuser, making it very difficult to effectively defend against such charges. Even if someone is falsely accused, or if the accuser rescinds the charges, police must investigate any domestic violence accusation. This is just one of the reasons why a Los Angeles Criminal Defense Attorney must be contacted the instant you are arrested for any such crime. An ESPN commentator was recently accused of domestic violence. Jay Mariotti, who is regularly on ESPN productions, was released from jail on a $50,000 bond after being arrested on suspicion of felony domestic assault at about 4:00 am Saturday morning. He allegedly struck his girlfriend after an incident in Santa Monica, CA. The two exchanged "harsh words" according to sources and media outlets after Mariotti suspected his girlfriend of flirting with another man. Police were called to the apartment and found his girlfriend with cuts and bruises, allegedly from the ESPN announcer grabbing her and tearing something off of her ear. For Los Angeles Criminal Defense Attorneys representing people accused of domestic violence, getting every fact straight and every witness interviewed is absolutely necessary. For your lawyer to be effective, he must know every detail, including people who may have been around you during the alleged incident. Creating an effective defense involves having all the facts handy. In this instance, finding a Los Angeles Criminal Defense Attorney you can trust can be the difference between spending years in prison and living as a free man. If you or someone you know has been charged with domestic violence in Southern California, contact the Los Angeles Criminal Defense Attorneys at Kestenbaum Eisner & Gorin, LLP by calling 877-781-1570 today. Trying to battle against police, prosecutors and judges on your own could prove too difficult, and using a public defender will most likely not be enough to get the job done. Tagged as: domestic violence pc 273_5 Mel Gibson and Los Angeles Domestic ViolencePosted on: July 28, 2010 at 9:27 p.m.Los Angeles Criminal Defense Attorneys understand that any criminal investigation is a progressive situation. It is far too easy for a person to make a snap judgment while watching a TV show, thinking they know the whole story. The Domestic Violence case involving Mel Gibson and his former lover Oksana Grigorieva is a perfect example of how difficult it can be for a attorney when defending someone in a popular case. In the Mel Gibson case, first tapes were released of Gibson's racist rants, then he was accused of punching Grigorieva, then it was found out that she may have been framing him, and so on and so on. Domestic Violence cases are complex and involve serious criminal investigations. Any Los Angeles Criminal Defense Attorney understands that until the police have spoken with both sides of the discussion, checked the medical records, spoken to a psychologist and more, the case has not been decided. To make matters more complicated to any outside observer, a highly skilled lawyer can provide excellent legal representation in spite of a police investigation. A good lawyer knows that just because the police claim someone is guilty, it does not mean they are guilty. There are countless cases of spouses making false claims over an argument that occured, or simply to make sure they get custody of the children involved in the case. People facing Domestic Violence charges can suffer severe consequences. Losing the right to see your children, years in prison, heavy fines, restitution, child support, spousal support, restraining orders and more can all be handed down by a judge in order to protect the alleged victim of any Domestic Violence case. Without a skilled Los Angeles Criminal Defense Attorney protecting your rights before, during and after a trial, you will be left to the mercy of a judge and/or jury. If you are facing a Domestic Violence charge, contact Kestenbaum Eisner & Gorin, LLP today by calling 877-781-1570. Our Los Angeles Criminal Defense Attorneys will work tirelessly to protect your rights and your future. Tagged as: domestic violence pc 273_5 Los Angeles Domestic AssaultPosted on: July 22, 2010 at 4:48 p.m.Los Angeles has been the site of some pretty high level celebrity legal news lately, most of it involving domestic abuse and domestic assault. In three very different case, three different celebrities have had to face law enforcement for their alleged actions involving their spouses or significant others. Each of these individuals has required the skill and knowledge of a highly qualified Los Angeles Domestic Violence Defense Attorney. The first case of Domestic Violence involves Michael Lohan, father of recently jailed Lindsay Lohan. Michael Lohan had to appear in a New York court recently for allegedly attacking his fiancee Kate Major who claimed that Lohan kicked her in the face and threatened to kill her. A judge recently issued a Temporary Order of Protection against Lohan in connection with the claims. Michael Lohan claims that his fiancee was drunk at the time and he never struck her. When a Los Angeles Domestic Violence Defense Attorney represents someone in such a situation, he may instruct the defendant to make as few comments as possible to the press because of potential legal issues. In a more publicized case, Mel Gibson is utilizing the skill of a Los Angeles Domestic Violence Defense Attorney in his efforts to stay out of jail. His former significant other Oksana Grigorieva is claiming he hit her and made threats against her. Tapes of Gibson threatening the woman are on the Internet, and she is alleging he punched her in the face. X-rays, dental visits and doctor's records are all being taken into consideration in this case. In the most recent domestic violence case, former Color Me Badd singer Bryan Adams was arrested after a fight with his wife occurred in Honolulu. He allegedly threw the woman across the room and was arrested on suspicion of harassment and later released. Adams has had previous run-ins with the law, having been arrested in 2008 on domestic abuse charges after allegedly threatening to kills his then girlfriend. As you can see, the details in each of these cases often involve "he said, she said" issues where each spouse is claiming different versions of the events in question. When a Los Angeles Domestic Violence Defense Attorney sits down with his client, he has to weight how damaging the testimony of the other side will be toward his client. In some cases it might be best to settle or make a plea agreement, in other cases it might be right to fight the charges hard. If you or someone you love has been charged with domestic abuse, contact the Los Angeles Domestic Violence Defense Attorneys at Kestenbaum Eisner & Gorin, LLP at 877-781-1570. We can help you protect your rights and fight for your freedoms. Tagged as: domestic violence pc 273_5 Los Angeles Domestic ViolencePosted on: June 29, 2010 at 7:36 p.m.Domestic violence is a serious matter and poses threats to individuals, families and communities. Judges, juries and prosecutors have very little tolerance for such crimes, and often hand down severe penalties for people accused of verbally, sexually or physically abusing a close relation. However, not everyone accused of such a crime is guilty, or worthy of the kinds of severe punishments handed down by courts. In instances where people are falsely accused, or where the prosecution is treating a crime as far more severe than they ought to, a Los Angeles Criminal Defense Attorney is absolutely necessary to provide adequate legal representation. Domestic Violence in L.A.A woman was accused recently of beating, starving and tying up her two small children so she could sleep better at night. This Orange County case involves two counts of child abuse. The woman is being held in a Santa Ana jail in lieu of $100,000 bail, and was ordered booked on charges of willful cruelty to a child and possible injury or death and inflicting injury upon a child. Police were called in by the woman's landlord and found her two emaciated young boys (ages 2 and 5) with bruises all over their bodies, swollen limbs and bumps on their heads. The woman admitted to striking the children (a form of domestic violence), but she allegedly did not think she was hitting them that hard.Los Angeles Criminal Defense AttorneyCrimes such as these sound brutal, and the press will portray mothers and fathers who commit domestic violence as animals, or unloving monsters. However, as any Los Angeles Criminal Defense Attorney knows, these stories are often far more complex than any reporter, judge or prosecuting lawyer is willing to admit. When someone is charged with domestic violence, it could be for quite a few reasons:
If you or someone you love is facing domestic violence charges, contact the Los Angeles Criminal Defense Attorneys at Kestenbaum Eisner & Gorin, LLP today by calling 877-781-1570. Tagged as: domestic violence pc 273_5 Merriman Charged with BatteryPosted on: September 9, 2009 at 8:14 a.m.Domestic violence is a serious Los Angeles crime, and any Los Angeles criminal defense attorney will tell you that the consequences can be dire. Whether you are a celebrity, a politician or a plumber, being convicted of battery towards a loved one can land you in jail. There is a thin line between restraining someone and battery, as San Diego Chargers player Shawne Merriman has recently discovered. Star football player Merriman was arrested this past Sunday at his own home after reality star Tila Tequila (real name Tila Nguyen) called local police shortly before four in the morning and accused Merriman of both choking her and restraining her as she tried to leave his San Diego-area home. Merriman claims he was trying to prevent Tequila from driving under the influence of alcohol as she left his home. Tequila signed a citizens arrest warrant, formally charging Merriman with battery and false imprisonment, both of which could be tried as felony criminal offenses. Paramedics called to the scene did not report any injuries to Tequila at the time. She was taken to a local hospital and left two hours later. In Los Angeles, battery is defined simply as any unwanted touching or striking of another person or anything connected to that person. Each case is different, however, and depending on the circumstances battery could be classified as either a misdemeanor criminal offense or a felony. Punishments for a battery conviction in Los Angeles can include county jail or state prison time, fines, probation or parole, anger management classes, the loss of your drivers license, or any combination of all five. The especially dangerous thing about a battery conviction is that if it is classified as a felony criminal offense, it could count as a strike under Los Angeles Three Strikes laws. In those cases, three or more convictions for eligible felony offenses could land you in a state prison for life. Even before that third felony offense, multiple felony convictions could lead to enhanced sentencing, meaning longer prison or jail terms, higher fines and longer probation or parole terms. If you have been charged with battery in Los Angeles, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Our attorneys have over 50 years of combined courtroom experience in defending against battery charges. Tagged as: counterfeit goods pc 350, domestic violence pc 273_5 Former Los Angeles Dodger Charged With Domestic ViolencePosted on: July 13, 2009 at 1:55 p.m.Domestic violence is Los Angeles is a serious crime, and domestic violence lawyers must work overtime to defend anyone accused of abusing their spouse or family in any way. Former major league baseball player Los Angeles Dodger and New York Yankee Jim Leyritz has been arrested in Florida for domestic battery against his ex-wife. Details of the incident are conflicting with Leyritzs wife insisting he both struck her across the face and pushed her against a wall. Leyritz insists his ex-wife was drunk and hurt herself. The couple has three children who were sleeping when police arrived. This is bad news for Leyritz who is scheduled to undergo trial in just two months for a DUI manslaughter charge stemming from a 2007 collision in which police claim he was driving drunk when he caused a fatal car accident. Domestic violence can include a wide range of activities, all of which are serious criminal offenses in Los Angeles: hitting, slapping, harassment, verbal or sexual abuse, pinching, stalking, financial abuse (such as refusing to pay bills or withholding money) and even isolating a victim from friends or family. Domestic violence crimes can be classified as either a misdemeanor or a felony, depending on the severity. Possible sentences for a conviction can also vary widely depending on the offense. Potential jail time, community service, counseling and Stay-away orders are all commonly handed down in domestic violence cases. In Los Angeles, domestic violence charges also do not depend on the victims willingness to press charges. Even if a victim decides not to, Los Angeles police can still charge someone with domestic violence if they find sufficient evidence of it, and can call the victim as merely a witness in their case against the defendant. Domestic violence is a charge that can take away your freedom and ruin your reputation when your friends and neighbors hear about it. Do not let yourself be put in that position. If you have been charged with any form of domestic violence, even physical violence, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. They have a combined 50 years of experience in criminal defense with a vast knowledge of domestic violence in particular. Let us fight for you. Tagged as: domestic violence pc 273_5 Domestic Violence in Los AngelesPosted on: February 25, 2009 at 10:53 a.m.Los Angeles domestic violence attorneys, such as those at Kestenbaum, Eisner & Gorin, regularly defend individuals charged with serious domestic violence charges. This crime carries with it serious jail time, fines, counseling, probation and more. Finding a qualified Los Angeles domestic violence attorney who knows how difficult it can be to navigate the law is important. The term domestic violence covers all manner of violence or abuse that takes place in a home or domestic setting. Typically, domestic violence is most often thought of as spousal abuse. However, domestic violence also includes verbal, physical or sexual abuse of children in a domestic situation, or even between siblings. It is a common belief that the victim of domestic violence can decide to either not prosecute or drop charges in their respective cases. This is a misconception. If law enforcement officials arrive at the scene and find evidence of abuse such as injury to the victim, then charges of domestic violence will be made by law enforcement officials and the suspected abuser arrested. Domestic violence charges can include: assault & battery, criminal trespassing, harassment, reckless endangerment, restraining order violations, sexual assault, spousal rape, stalking, kidnapping and false imprisonment. While the home is considered a private place, charges of domestic abuse or violence bring actions into the very public arena of a court of law. Criminal convictions can and do stay on your permanent record to follow you around for the rest of your life. Hiring an experienced Los Angeles criminal defense attorney right away is the smartest thing you can do for yourself if you have been charged with any kind of domestic violence. Domestic violence offenses are typically tried as misdemeanors, but can, in some instances, be tried as a felony if the defendant sexually abused or assaulted a minor, or if substantial bodily injury was caused to the victim. If you are tried and, indeed, convicted on a charge of domestic violence, penalties can include: prison time, restitution, large monetary fines, community service, probation, parole and court-ordered counseling. Los Angeles domestic violence cases can be very murky water for a defendant to wade through. Restraining orders may be filed limiting the defendants access to their own home, or contact with their spouse or children. Restraining orders or protection orders are strictly enforced and any violation of them can result in further criminal charges. If you or someone you know has been charged with a domestic violence, call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away. Their combined 50 years of criminal defense experience will be a great asset in maintaining your freedom and good reputation. Tagged as: domestic violence pc 273_5 The Grammy's and Domestic ViolencePosted on: February 10, 2009 at 7:19 a.m.Domestic violence is a crime looked down upon by Los Angeles area courts and heavily condemned by the media and the public. Los Angeles criminal defense lawyers know that domestic abuse and domestic violence is a seriously emotional matter that is usually far more complex than almost any other crime. Domestic violence defense lawyers in Los Angeles regularly counsel and advise people who are facing domestic violence charges and educate them on the law, the inner workings of Los Angeles area courts and how to behave during trial. While domestic violence involves everyday people, it also impacts the lives of the rich and famous. Popular actors and musicians often wrestle with this issue. In fact, Grammy nominated artists have had recent struggles. Los Angeles police have confirmed that Chris Brown is being investigated for felony domestic battery. Per department policy, police are declining to identity the alleged victim. The incident occurred around 12:30 a.m. Sunday in the Hancock Park area of Los Angeles. Earlier in the evening, Brown and Rihanna were all smiles while attending Clive Davis' annual pre-Grammy bash together. In a statement, police say Brown and his companion "became involved in an argument. After stopping his car, Brown and the woman got out and the argument escalated. The woman suffered visible injuries and identified Brown as her attacker." By the time officers arrived on scene, Brown had split. There has been no immediate comment from his publicist, and he has canceled his scheduled performance at tonight's awards. Rihanna's publicist, Amanda Silverman, said that the "Disturbia" singer was involved in a traffic mishap but "is fine." In a statement, the Recording Academy announced that Rihanna would not be performing as scheduled at tonight's show. "We're sorry she is unable to join us this evening." Domestic violence is a crime that carries significant legal and personal consequences. If convicted of a domestic violence felony in Los Angeles, you could be punished with imprisonment, restitution, large fines, community service, probation, parole and/or court ordered counseling. Tagged as: counterfeit goods pc 350, domestic violence pc 273_5 Los Angeles Domestic Violence Attorneys: Can Domestic Violence Charges Be Dropped?Posted on: February 8, 2009 at 3:22 p.m.It is a common misconception that the person reporting the domestic violence charges has the right to decide whether or not to press charges. Once the police get involved it is no longer in the complaining party's control. Instead, it is now up to the prosecutor to decide whether or not the case goes to jury trial. The testimony of your partner or the individual claiming domestic violence can be very important to your case. Where the complaining party does not wish to prosecute, it is important that you retain an experienced and knowledgeable attorney to help you because he/she may be able to speak to the prosecutor to prevent the filing of the case in the first place. Even if the witness isunavailable for trial, his or herstatements that were made to the police or the 911 operator at the time of the incident may be admissible in court - even if the complaining witnesswants to drop the case. This is an exception to the normal "hearsay" rules governing testimony that is admissible in trial. "Hearsay" refers to any statements that are made outside of the court but are brought into the court as evidence of the alleged claim. California Evidence Code Section 1240 allows for statements made outside of court by the complaining party to be admitted in court as evidence so long as he/she was describing the events that he/she was viewing or experiencing at the time the statement was made. This would include 911 calls made at the time of the incident. California also has a "fresh complaint" hearsay exception which allows any statement to be admitted into court as evidence that is regarding a complaint made by your partner or the person claiming domestic violence. This does not include any responses given to questioning, but it would typically include the initial statement of complaint made to the police. These statements can be used against you as evidence to the offense that was allegedlycommitted. However, experienced criminal lawyers understand how to argue against these exceptions being used -which is why it is imperative that you obtain professional legal assistance. Our domestic violence attorneys in Los Angeles have over 50 years experience defending charges including violations of California Penal Code Section 243(e) and 273.5 -- all battery and violence charges including misdemeanor and felonies arising from domestic abuse claims. Tagged as: domestic violence pc 273_5 A High-Profile Domestic Violence MatterPosted on: October 20, 2008 at 10:06 a.m.Domestic violence is physical or verbal abuse that occurs within a family or intimate relationship. Incidents of domestic violence may happen only once, or over an extended period time. Violence of this nature may occur between spouses, boyfriends, girlfriends, parents, or siblings. In most domestic violence cases, physical force and/or verbal abuse is used to instill fear in the victim. For this reason, many domestic violence incidents are not reported to law enforcement. A very high-profile personality in Los Angeles was arrested recently these chargers. Don Cornelius, the producer and former host of "Soul Train," was arrested at his San Fernando Valley home Friday night on suspicion of domestic violence, according to the Los Angeles Police Department. Officers were called to respond to Cornelius' home on Mulholland Drive for a domestic incident. After investigating, they arrested Cornelius, 72, for felony domestic violence and brought him to the Van Nuys jail, setting bail at $50,000. The Los Angeles District Attorney's Office focuses their efforts on such crimes. The Family Violence Division of the DA's office, which handles cases in Downtown Los Angeles and the surrounding areas, was created to deal with the most serious offenders and to sensitively help victims with the healing process. The Family Violence Division is comprised of specially trained attorneys who vertically prosecute spousal abuse, physical child abuse, and other domestic violence crimes. This means that one deputy district attorney handles each case from beginning to end. Domestic violence is usually classified as a misdemeanor offense. However, the offense may be categorized as a felony if the defendant sexually abused a minor, assaulted a minor, or caused substantial bodily damage to the victim. Once a person is convicted of domestic violence, he/she may be punished with: - imprisonment - restitution - large fines - community service - probation - parole - court ordered counseling If the defendant has a prior criminal offense on his/her record, he/she may be subject to enhanced criminal charges and sentencing if convicted. Kestenbaum, Eisner & Gorin, LLP is a criminal defense law firm that has been helping clients throughout Southern California contest their criminal charges and obtain superior results for years. Our skilled domestic violence attorneys have over 50 years of collective court room experience and we are fully prepared to undertake our clients Tagged as: domestic violence pc 273_5 Former Child Star Wanted for Murder and Child AbductionPosted on: July 9, 2008 at 10:06 a.m.Defending charges involving a life sentence is challenging, but not impossible. Experienced Los Angeles criminal defense attorneys, especially who are former trial prosecutors, often undertake the defense of charges involving murder, manslaughter, and other types of homicide. Mark Everett, former star of such shows as "Pee Wee's Playhouse" and movies like "Stand and Deliver" is wanted by authorities for killing his live-in girlfriend and abducting their three-year-old son. Everett, whose real name is Manuel Benitez, began to sell drugs after his child acting career tailed off and hid this fact, and other elements of his past, from his then girlfriend. He'd been arrested before on drug charges and on weapon charges, and is now being pursued for these crimes. When individuals such as this former star compound matters by being arrested for unrelated crimes, it makes the job of the defense attorney that much more difficult. Judges and juries will rarely sympathize with a defendant if he demonstrates no remorse or flaunts an arrogant personality. An aggressive courtroom defense along with the assistance of jury consulting, a thorough defense investigation, and a relentless cross-examination of the state's evidence may lead to a reduced offense or a complete acquittal. Murder charges in California are covered under the state's Three Strikes laws , if the individual has a prior record, and carry sentences of life in prison or the death penalty if the crime is severe enough. Everett has been on the run for years. He is down but not out. A aggressive courtroom defense may save him a life behind bars, if his criminal lawyers demonstrate that the evidence is insufficient to prove his guilt. Tagged as: domestic violence pc 273_5, jury trial defense Domestic Violence: Felonies, Misdemeanors, and Rights to Child CustodyPosted on: June 17, 2008 at 4:26 p.m.Los Angeles Criminal Defense Attorneys frequently encounter cases where there are claims of domestic violence and abuse. These typically take the falls within one of two different scenarios: (1)a long-lasting abusive relationship or (2)unpredictable violence by one or both parties at the time of break up. The first scenario is a lot more serious, and leads to serious felony charging. However, the the second scenariou is typically isolated and does not recur if the parties do not reconcile. Charges of domestic violence are aggressively pursuen by Los Angeles prosecutors in the wake of OJ, and other cases, where the aggressor was not stopped, punished, and counseled before the homicide. As a result, Domestic violence and domestic disputes are never simply matters that can be sorted out. They often involve quite a bit of history, and as with all emotional matters, rarely is the truth black-and-white. When children are involved, matters become far more complicated for both sides of the dispute. The risk of violence may be greatest, in the course of child custody issues. Below is some useful information for individuals going through domestic disputes and/or domestic violence where children are involved: - If a father is involved in a domestic dispute and faces a domestic violence charge, there is a great likelihood that the judge will award custody to the mother. In a 1991 Census, almost 38% of father's weren't granted visitation rights. Further, 90% of custody battles end up favoring the mother. - Jail time for domestic violenceconvictions can range from 1 year for misdemeanor crimes, and three years in prison or more for felony convictions. - If you are accused of domestic violence but the alleged victim attempts to withdraw the charge, you can still be tried and convicted. - Restraining orders can often be hard to prove and often more difficult to enforce. They make make the winner feel good, but have no real impact on whether the other party continue calling or harrasing him or her, even if the police gets involved. - There are support groups and battered women shelters for women who are suffering from violence in their homes. Tagged as: california criminal laws, domestic violence pc 273_5 Bill Murray and Domestic ViolencePosted on: June 2, 2008 at 4:19 p.m.Bill Murray, star of Ghostbusters, Scrooged and Lost in Translation, recently found out his wife filed for divorce. Some of his wife's reasons for wanting a divorce included allegations of physical abuse as well as Murray's own problems with drugs and alcohol. Allegations such as domestic violence tend to arise during divorce proceedings, although they sometimes turn out to be either false or taken widely out of context. Domestic violence is a serious matter, and Murray's wife could also bring him up on criminal charges if these allegations are true and can be proven in court. In California, domestic violence carries with it some heavy penalties, although the severity of punishment depends upon whether the charge is a felony or misdemeanor. The penalties for a domestic violence conviction can include fines of up to $10,000, jail time and/or community service and up to a ten year ban on the use of fire arms (amongst other actions). This is only for a first time offense, further convictions can lead to not only increases fines and penalties, but also the possibility of being convicted under California's Three Strikes laws, which can carry a life sentence. As is the case in this instance, drug and alcohol dependency and abuse are often involved in domestic violence matters. Submitting to treatment programs before a trial and help in these matters as it shows the court a repentant attitude and that the individual is willing to seek help to stop this behavior. If you're facing a domestic violence charge and you need assistance in your defense, contact the attorneys at Kestenbaum, Eisner & Gorin, LLP. Tagged as: counterfeit goods pc 350, domestic violence pc 273_5 If a victim or reporting party wants to "drop charges," will the criminal case be dismissed?Posted on: May 28, 2007 at 1:26 a.m.Not necessarily. There are many reasons why the alleged victim or reporting party has a change of heart. It may be that the report of crime (violence, theft, or other violation) may have been false or inaccurate. It may also be that the person is scared to proceed with a prosecution. The police and the prosecutor's office are aware of all the reasons, and do not just "drop charges" especially in domestic violence cases. They attempt reinterview the reporting party to understand the reason behind the change of heart. The only exception is alleged sex crimes cases. The reporting party's desire to not testify and prosecute are respected, thereby causing the criminal charges of unlawful sex to be dismissed. Tagged as: domestic violence pc 273_5, faq Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses. |
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