Domestic Violence Criminal Defense Explained – Part Two

Domestic Violence Criminal Defense Explained – Part Two




Typical Charges in Domestic Violence situations can range depending on the initial findings. This kind of violence occurs between girlfriend and boyfriends or between spouses. Hopefully with the right lawyer, if you are accused of just such a crime, you can work hard to have your sentence reduced.

The closest to a dismissal is a sentence for “disturbing the peace.” This is a very minor criminal offense, a Penal Code sec. 415 violations for “loud and unreasonable noise.”

The second least serious charge is a Penal Code sec. 240 offense, simple assault. This is an “unlawful attempt to commit a violent injury on another person.”

Finally there is the charge of battery, which is “an unlawful use of force on another.”

Domestic violence is a form of battery where the victim (usually) is a girl friend or spouse. Penal Code sec. 243(e) covers shared forms of this and Penal Code sec. 273.5 applies when the victim can demonstrate some form of injury, already just a bruise or a scratch.

If any children were present at the incident, the D.A. may also file a Penal Code sec. 273.5 charge of child endangerment.

Typical Sentences in Domestic Violence situations

3 years of supervised probation with minimum 18 months of regular meeting with probation officer 10 to 90 days in jail; this is in lieu of up to 6 months you could be sentencing for the same charges without injury and one year in jail for this arrest with injury.

An experienced criminal defense lawyer can make all the difference in minimizing your sentence. for example, all jail time can be avoided if the D. A. allows you to do your time in the Sheriff’s Work Program.

Fines range from $1000 to $3000 in most situations.

In addition, you will be required to attend domestic violence classes for up to 52 weeks. You may be well advised to take the proactive step of enrolling before the sentencing, making you appear well in front of the court.

The consequence of a conviction can be more serious than commonly thought. You can be charged as a misdemeanor or as a felony-making it a “wobbler” offense.

In custody fights, the effect on child visitation and custody can be very meaningful.

Domestic violence and Protective Orders

This can consist of threats, phone calls that annoy or frighten, stalking, unwanted sexual advances, and slapping or punching. Child endangerment charges are often additional on if a child witnessed the “violence.” Arrests commonly occur following violation of the terms of a TRO.

Following the incident the alleged victim will often ask for a protective order preventing any contact with any children involved, especially if the associate is divorcing or is separated.

A lawyer can seek to modify a TRO or other protective order. A good criminal defense attorney may already be able to prevent protective orders from being issued in the first place.




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