Domestic violence, a crime prosecuted under various criminal law provisions, carries significant weight in California. Understanding the full extent of the legal implications is crucial, as it is defined as an attempt or threat to use physical force against an intimate partner. This makes it a serious legal matter with potentially severe consequences, including but not limited to jail time, fines, and loss of certain rights. The gravity of these charges cannot be overstated, underscoring the need for professional guidance.
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. The gravity of the situation is underscored by the fact that domestic violence can be filed as a felony based on different factors, highlighting the need for a strong defense strategy.
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, who will negotiate on your behalf. This means you agree to plead guilty to reduced charges or a lighter sentence. Most domestic violence charges are filed as misdemeanor crimes.
Before you agree to accept a plea offer from the prosecutor, it's crucial that you fully understand the potential consequences. There are several unexpected outcomes for a California domestic violence conviction, such as where you are employed or live. This underscores the importance of making informed decisions and understanding the potential unexpected outcomes, as these decisions can have a significant impact on your life.
This underscores the importance of seeking thorough legal advice before making any decisions. Professional guidance is crucial; it's your beacon in navigating the complexities of domestic violence charges and understanding the full extent of the potential consequences. It's not just a recommendation, it's a necessity in such a serious legal matter.
Consider this: 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. This potential for financial hardship is a significant aspect of the consequences of a domestic violence conviction, highlighting the economic burden that can result from these charges. It's crucial to understand these potential financial implications and seek thorough legal advice before making any decisions.
Potential Financial Implications
When considering the full impact of a domestic violence conviction, it's crucial to be aware of the potential financial implications. These can include legal fees, fines, and potential loss of income due to incarceration or job loss. Understanding these implications underscores the importance of seeking thorough legal advice before making any decisions. It's not just about the immediate consequences, but also about the long-term effects that need to be fully understood.
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 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,
All criminal convictions for domestic violence in California will carry a chance of some jail time, 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 Penal Code 368(b) PC defines the serious crime of domestic violence against a disabled person or dependent adult. This category falls under the broader and equally serious issue of elder abuse.
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.
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. This process involves presenting a compelling case to the court for why the terms should be changed.
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. These charges could lead to further legal proceedings and potentially more severe penalties, including additional fines, extended probation, or even jail time. This underscores the importance of adhering to the terms of the protective order.
Loss of Gun Rights
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. This is a serious consequence that can have a lasting impact on your life and should be considered when making decisions about your case.
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 to spouse,
- child abuse,
- false imprisonment,
- child endangerment,
- stalking, and
- violations of a restraining order.
Getting 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.
Defense Lawyers for Domestic Violence
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 an 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 that you will be 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.
Related Content:
