Domestic violence, a crime prosecuted under various criminal law provisions, holds significant weight in California. It is defined as an attempt or threat to use physical force against an intimate partner, making it a serious legal matter.
Allegations of domestic violence in Los Angeles criminal courts are not to be taken lightly. A conviction can lead to severe and long-lasting consequences, making it crucial to mount a robust defense. Sometimes, domestic violence can be filed as a felony based on different factors.
Most defendants don't fully understand the legal penalties they face and the extent of the collateral consequences associated with the conviction. Most California domestic violence charges are:
- filed as a misdemeanor crime under Penal Code 243(e)(1) domestic battery, but;
- some are filed as a felony under Penal Code 273.5 corporal injury to a spouse, depending on the level of injuries suffered by the victim.
Plea Bargains in Domestic Violence Cases
Most domestic violence cases are resolved through plea bargaining between the prosecutor and your criminal defense lawyer. This means you:
- agree to plead guilty;
- for reduced charges or a lighter sentence.
Most domestic violence charges are filed as a misdemeanor crime.
However, before you agree to accept a plea offer from the prosecutor, you need to understand there are several unexpected consequences for a California domestic violence conviction, such as where you are employed or live.
Financial hardship
For instance, the judge could order that you can't enter your own home, forcing you to locate another place to live that could strain your financial situation.
The domestic violence conviction might also impact your ability to secure employment or get a promotion at work because it will show up on a routine.
Background check.
So, a common question a defendant or family member asks us deals with the lasting effects of having a California domestic violence conviction.
Our Los Angeles criminal defense law firm has successfully represented many clients who were facing either misdemeanor or felony domestic violence charges.
Let's review below how a conviction can affect your life.
Common California Domestic Violence Charges
- Penal Code 243(e)(1) PC – domestic battery,
- Penal Code 273.5 PC – corporal injury to a spouse,
- Penal Code 422 PC – criminal threats,
- Penal Code 368 PC – elder abuse,
- Penal Code 646.9 PC – stalking,
- Penal Code 273a PC – child endangerment,
- Penal Code 240 PC – assault,
- Penal Code 242 PC – battery,
What Happens When You Are Convicted of Domestic Violence in California?
All criminal convictions for domestic violence in California will carry a chance of:
- some jail time, and
- fines,
- probation,
- community service, and
- other terms and conditions.
If convicted of a domestic violence-related offense, some sentences are specifically related to the crime, such as the court imposing a domestic violence counseling course and a specific fine.
One of the most immediate impacts on a defendant who was convicted of domestic violence is related to the potential financial hardship.
California Protective Orders and Domestic Violence
If convicted of domestic violence, the judge will issue a protective order.
A domestic violence conviction will typically come with a criminal protective order, which is similar to a restraining order. A protective order will prohibit making contact with the victim. They can last as long as ten years from the date of the conviction.
In situations where the couple has already separated, this form of a stay-away order won't usually cause hardship.
However, most defendants and their partners plan to remain in a relationship, especially if they have children.
Modify the terms of the protective order.
This means it's typically very challenging to maintain an everyday family life when a judge orders a criminal protective order against the defendant.
In this situation, it's highly advised that the defendant works with an experienced criminal lawyer to petition the court to modify the terms of the protective order.
Violating a protective order
If you violate the terms and conditions of the protective order set by the court, you could be facing new charges under California Penal Code 273.6 PC.
Loss of Gun Rights and California Domestic Violence Conviction
Suppose you are convicted of certain types of domestic violence crimes. In that case, it will also result in losing your right to own or possess a firearm under California state law and United States federal law.
Typically, any felony conviction, including domestic violence, will result in a lifetime firearms ban, including ammunition, feeding devices, and other related items.
It should be noted that even a misdemeanor domestic violence conviction can result in a 10-year firearm ban.
This makes domestic violence misdemeanor cases different from typical misdemeanors in other cases that have no impact on a defendant's ability to own or possess a firearm.
Immigration Consequences
Some immigrants could face deportation if convicted of domestic violence.
Additionally, a domestic violence conviction in California could result in adverse immigration consequences. Many people were denied citizenship or entry into the United States.
Some immigrants have been subjected to deportation and removal proceedings from the United States due to being convicted of domestic violence because it's considered a crime of moral turpitude.
The most common domestic violence convictions that can hurt immigration include:
- domestic battery,
- corporal injury on spouse,
- child abuse,
- false imprisonment,
- child endangerment,
- stalking, and
- violations of a restraining order.
Getting Domestic Violence Charges Expunged or Reduced
As you can see, the effects on a defendant who has been convicted of a California domestic violence offense can be severe. However, in many cases, there is an opportunity to:
- improve the defendant's criminal record through the expungement process or
- reduce a felony offense to a misdemeanor under California Penal Code 17b PC.
For most first-time domestic violence offenders who perform well on the terms of probation, it's possible to reverse some of the negative consequences commonly associated with a conviction. Exactly what type of relief, if any, is available post-conviction will depend on:
- the specific terms and conditions of the negotiated plea agreement and
- primarily on the defendant's performance while on probation.
Suppose the terms of probation need to be followed. In that case, the defendant is again arrested for domestic violence or another offense while on probation, and their chances of getting the charges expunged or reduced drop significantly.
Criminal Defense Lawyer for California Domestic Violence Charges
Developing the best defense strategy against any California domestic violence charges will always depend on the case details.
Seeking legal advice is crucial in navigating the complexities of California domestic violence charges. Contact Cron, Israels & Stark to learn how we can defend you and provide the guidance you need.
If you or a family member was arrested or under investigation for a domestic violence-related offense, contact our Los Angeles criminal defense lawyers for initial consultation to discuss your needs.
Through a process known as prefiling intervention, we can persuade the prosecutor to drop the case before formal charges are filed.
Just because you were arrested for domestic violence doesn't mean charges will be formally filed, much less getting convicted.
Cron, Israels & Stark is a top-rated criminal defense law firm representing clients throughout Southern California, including LA County, Ventura County, Santa Barbara County, Orange County, Riverside, San Bernardino, and the San Fernando Valley.
Our law firm is at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We also have an office at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. Contact our office for a free case evaluation at (424) 372-3112.
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