A Criminal Defense Working to Reduce your penalties
If you have been charged with domestic violence or a related offense, such as spousal abuse or child abuse, it’s important to contact an experienced defense lawyer right away. There are several penalties associated with this crime that could negatively affect your rights and reputation for years to come.
Misdemeanor v. Felony Domestic Violence Charges
In the state of California a prosecutor can decide whether to file a misdemeanor or felony charge concerning domestic violence cases. These kind of cases are known as a “wobbler” cases because a prosecutor determines the severity of the charges depending on the situation and facts that are presented.
Factors the prosecutor will likely take into consideration when filing domestic violence charges include:
- Whether the victim was seriously, debilitatingly, or fatally injured
- Whether a weapon was used in conjunction with the crime
- Whether the crime involved or was against a child or dependent adult
- Whether the defendant was intoxicated with drugs or alcohol at the time of the crime
- Whether a restraining order was violated as a result of the crime
- Whether probation was violated as a result of the crime
- Whether the defendant has a criminal record of violence and/or abuse
The penalties for a misdemeanor domestic violence offense are as follows:
- Up to three years probation
- Up to one year in county jail
- Up to $6,000 in fines
- Up to $10,000 in fines (If the convicted has a domestic violence record in the past seven years)
- Up to $5,000 can be donated to a battered women’s shelter, or given to the victim of the incident as restitution
- A restraining order can be issued to restrict any further contact with the victim
- A protective order that protects the victim from any other harm
- A sentenced time to community service
- Counseling that is mandatory two times a week for up to a year
Felony domestic violence convictions carry the same penalties as a misdemeanor domestic violence charge, but with harsher punishments. For instance, instead of facing up to a year in county jail, a felony domestic violence charge carries the penalty of up to face two, three, four, or sometimes even five years in state prison. Another penalty unique to felony charges? A “strike” on your criminal record. If you accumulate three strikes (strikes are given for violent felonies), you will automatically be sentenced to 25 years to life in prison.
Contact an Experienced Orange County Domestic Violence Defense Attorney
If you are interested in learning more about the penalties associated with domestic violence charges, as well as what can be done to help you avoid such penalties, please contact an Orange County domestic violence lawyer at the Law Offices of Virginia L. Landry. We’d be happy to review your charges, advise you of your rights, and discuss possible defense strategies we feel would be effective in helping you fight your charges.
Contact or call now and revive a free initial consultation.