Being convicted of domestic violence can have serious consequences. The penalties depend on the type of domestic violence offense, whether it’s a misdemeanor or felony charge, and any past criminal history. The alleged victim and the facts of the case also play a role in the severity of the punishment.
Perlman & Cohen Los Angeles Criminal Lawyers helps those facing domestic violence charges by offering clear legal guidance. If you’ve been accused of domestic violence crimes, our experienced attorneys can help you understand the legal process and work to achieve the best possible outcome for your case. Whether it’s a misdemeanor domestic violence conviction or more serious felony domestic violence charges, we provide the representation you need.
Understanding the penalties for domestic violence cases can help you make informed decisions. It’s important to know what to expect when dealing with domestic violence situations in California.
A misdemeanor domestic violence conviction can lead to serious consequences, though less severe than felony charges. A misdemeanor often involves physical harm but may be less severe in terms of injury. Still, it can affect your life for a long time.
A few of the penalties for misdemeanor domestic violence may include:
Penal Code § 273.5: Corporal Injury to a Spouse or Cohabitant
Under Penal Code § 273.5, it is unlawful to willfully inflict corporal injury resulting in a traumatic condition upon:
Penalties for violating this statute include:
These penalties can be enhanced if the defendant has prior convictions.
Penal Code § 243(e)(1): Domestic Battery
Penal Code § 243(e)(1) addresses domestic battery, defined as willful and unlawful use of force or violence upon:
Penalties for domestic battery include:
In addition, the court may require the defendant to complete a batterer's treatment program and may impose a protective order restraining the defendant from contacting the victim.
Penal Code § 273.6: Violation of a Protective Order
Penal Code § 273.6 makes it a crime to intentionally and knowingly violate a protective order issued under the Domestic Violence Prevention Act or other specified statutes.
Penalties for violating a protective order include:
If the violation results in physical injury, the penalties can be more severe, including mandatory jail time and higher fines.
Jail time is a common penalty for those convicted of domestic violence. For misdemeanor domestic violence convictions, jail sentences can last anywhere from a few days to up to one year. The length of the jail sentence depends on the severity of the domestic violence offense, the alleged victim’s injuries, and whether there are prior convictions.
For felony domestic violence charges, jail time can result in a much longer sentence. Those convicted of felony domestic violence may face years in state prison. The criminal court considers factors like the extent of physical harm, any use of a deadly weapon, or whether the crime occurred in front of children.
Fines are common penalties for domestic violence convictions, whether misdemeanor or felony. The exact amount will depend on the criminal offense, the domestic violence statute, and the severity of the offense.
A misdemeanor domestic violence conviction may result in fines ranging from several hundred to a few thousand dollars. In addition to these fines, the defendant may be required to pay court fees for the criminal court proceedings.
Probation is a common alternative to jail time for those convicted of misdemeanor domestic violence. Instead of serving time in jail, the convicted person is allowed to remain in the community under strict supervision.
Probation usually comes with certain conditions that must be followed. These can include attending domestic violence counseling, staying away from the victim, and submitting to drug or alcohol testing.
While probation allows a convicted person to stay out of jail, it’s still a serious consequence. It comes with heavy restrictions and supervision, which can affect the person’s personal and professional life.
For those convicted of domestic violence, mandatory counseling or education programs are often a part of the penalty. These programs are designed to help the convicted individual understand the harm caused by their actions and learn how to prevent future violence.
For felony domestic violence convictions, mandatory counseling programs are also common. These can be more intensive, and in some cases, they are part of rehabilitation efforts to reduce the risk of re-offending. Failing to complete these programs may result in further penalties, including jail time.
Felony domestic violence charges carry much harsher penalties than misdemeanor charges. The criminal justice system treats felony domestic violence very seriously due to the potential for serious physical harm or even death.
Some of the penalties for felony domestic violence may include:
If convicted of felony domestic violence, the defendant can face prison sentences that last several years. The criminal court considers factors such as the severity of the physical abuse, whether a deadly weapon was used, and whether there are prior convictions.
A prison sentence for felony domestic violence is typically much longer than for misdemeanor cases. In some instances, individuals may be eligible for parole after serving a portion of their sentence, but this depends on the details of the case and the domestic violence statute in the state.
A felony domestic violence conviction results in a permanent criminal record. This record can have a lasting impact on your life. It can make it difficult to find employment, rent a home, or even get a loan. A criminal record can also affect personal relationships and make it hard to regain the trust of family or friends.
In many cases, a domestic violence conviction can also prevent the individual from owning firearms or working in certain fields, such as law enforcement or healthcare. This is why it’s crucial to have an experienced criminal defense attorney who can help minimize the impact of a felony domestic violence conviction.
Certain aggravating factors can increase the severity of the penalties in domestic violence cases. These factors can include violence in the presence of a child, use of a deadly weapon, or violating a restraining order. When these elements are involved, the penalties can be more severe, and the criminal court will often impose harsher sentences.
Here are some of the penalties for aggravating factors in domestic violence cases:
If domestic violence occurs in the presence of a child, the penalties can be much more severe. Children who witness domestic violence can be traumatized by the event, and the law considers this when imposing a sentence. In some cases, violence in the presence of a child can result in a higher sentence, even for a misdemeanor domestic violence conviction.
The criminal court may also consider the child’s emotional well-being and may involve child protective services. This can lead to a child abuse investigation and additional charges. Domestic violence that affects children often leads to more serious consequences, including longer jail sentences and more extensive counseling.
Using a deadly weapon in a domestic violence incident can result in very serious charges. If a deadly weapon is involved, the criminal court may charge the defendant with aggravated assault or felony domestic violence. The use of a deadly weapon increases the likelihood of serious bodily injury or even death, which is why the penalties are much harsher.
If convicted, the defendant could face up to five years in state prison, hefty fines, and probation. In addition, a deadly weapon charge can carry a mandatory minimum prison sentence. A domestic violence defense attorney can help challenge the evidence surrounding the use of a deadly weapon to reduce the severity of the penalties.
Violating a restraining order in a domestic violence case is a serious offense. If a defendant violates a domestic violence restraining order, they can face additional charges, even if they were not initially convicted of domestic violence crimes. The penalties for violating a restraining order can include jail time, fines, or additional probation conditions.
A protection order is meant to keep the victim safe, and violating it can show a lack of respect for the law and the safety of others. If you are facing a restraining order violation, it’s important to seek legal representation to help defend against these charges.
Repeated offenses in domestic violence cases can lead to harsher penalties. If someone has been convicted of domestic violence before, a subsequent charge can result in longer prison sentences, larger fines, and stricter conditions. Repeat offenders often face felony charges even for offenses that would normally be considered misdemeanors.
A domestic violence conviction can escalate with each subsequent charge, making it harder to avoid a lengthy prison sentence. In many cases, the criminal justice system will treat repeat offenders more severely to discourage future violence. If you’re facing repeat domestic violence charges, it's crucial to have experienced legal representation to challenge the case and seek a fair outcome.
Beyond the legal penalties, a domestic violence conviction can lead to additional, long-term consequences. These consequences can affect various aspects of your life, from your ability to own a firearm to losing child custody.
Some of the additional consequences are:
A domestic violence conviction can lead to the loss of gun rights. Under federal law, individuals convicted of domestic violence crimes are prohibited from purchasing or owning firearms. This restriction applies even if the crime was a misdemeanor domestic violence conviction.
The loss of gun rights can have serious implications for individuals who rely on firearms for work or personal security.
In cases involving domestic violence, the convicted individual may face the loss of child custody or visitation rights. Courts take domestic violence allegations seriously, especially when children are involved.
A domestic violence conviction can affect the outcome of custody battles and may result in supervised visitation or loss of access to the child altogether.
A domestic violence conviction can have severe consequences for non-U.S. citizens. If a person is convicted of domestic violence crimes, it may affect their immigration status, leading to deportation or the denial of a visa.
Domestic violence offenses can result in the individual being labeled as inadmissible, making it difficult to enter or remain in the country.
If you've been convicted of domestic violence, it’s important to understand the steps you can take next. These steps can help you deal with the consequences and start moving forward.
A California domestic violence conviction means being found guilty of harming or threatening a family member or intimate partner. This can include domestic assault or domestic abuse conviction.
In most cases, domestic abuse convictions cannot be erased from your record. However, you can talk to an experienced criminal defense lawyer about the possibility of expungement or other options.
If you’re convicted of domestic assault, you may face jail time, fines, probation, and mandatory counseling. It can also lead to a criminal record that can affect your life in many ways.
Yes, a California domestic violence conviction can make it harder to find a job. Some employers may not hire someone with a domestic abuse conviction or a criminal record.
If you’re facing domestic violence charges, it’s important to speak with a lawyer. They can help you with a defense strategy, such as proving false accusations or showing that you were acting in self-defense.
If you’ve been convicted of domestic violence or are facing domestic violence charges, it’s important to get help. Perlman & Cohen Los Angeles Criminal Lawyers can offer you a free consultation to discuss your case. We can explain your rights and options clearly so you understand what comes next.
Our team is experienced in handling domestic violence cases and can help you create the best defense. Whether you're the alleged offender or you’ve been falsely accused, we’re here to help. Our goal is to help you protect your rights and work toward the best outcome for your situation.
Don’t wait. Contact us today for your free consultation.
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