Understanding Domestic Violence Charges in California
Domestic violence is a serious criminal offense in California that can carry severe legal and personal consequences. Under California law, domestic violence generally involves the use, attempted use, or threat of physical force against an intimate partner, spouse, cohabitant, or family member.
A conviction for domestic violence can result in jail time, fines, mandatory counseling, and long-term restrictions that affect many aspects of a person's life.
In addition to criminal penalties, individuals convicted of domestic violence often face significant collateral consequences that can impact employment, housing, immigration status, and firearm ownership.
Domestic violence cases in Los Angeles criminal courts are prosecuted aggressively, and the consequences of a conviction can follow a person for many years.
Your best chance at a positive outcome is with an experienced California criminal defense attorney at Cron, Israels & Stark. To schedule a consultation, call (424) 372-3112 or use the contact form here.
Common Domestic Violence Charges in California
Domestic violence allegations may be charged under several different California criminal statutes, depending on the facts of the case and the severity of the alleged conduct.
Common charges include:
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Penal Code 243(e)(1) PC – domestic battery
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Penal Code 273.5 PC – corporal injury to a spouse or cohabitant
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Penal Code 422 PC – criminal threats
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Penal Code 368 PC – elder abuse or abuse of a dependent adult
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Penal Code 646.9 PC – stalking
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Penal Code 273a PC – child endangerment
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Penal Code 240 PC – assault
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Penal Code 242 PC – battery
Most domestic violence cases are filed as misdemeanor offenses, particularly under Penal Code 243(e)(1) domestic battery. However, more serious cases involving visible injuries may be charged as felonies under Penal Code 273.5.
All domestic violence convictions in California may involve jail time, fines, probation, counseling programs, and other court-ordered conditions.
Plea Bargains in Domestic Violence Cases
Many domestic violence cases are resolved through plea bargaining between the prosecutor and the defendant's criminal defense attorney.
A plea bargaint typically means the defendant agrees to plead guilty or no contest to reduced charges or a lighter sentence in exchange for resolving the case without going to trial.
Before accepting any plea agreement, it is important to fully understand the potential consequences of a domestic violence conviction. Even misdemeanor convictions can have long-lasting effects on employment, housing, family relationships, and personal rights.
In some cases, the court may issue orders preventing a defendant from returning home, which can create significant financial and personal hardship.
Because of these potential consequences, individuals facing domestic violence charges should carefully review any plea offer with an experienced criminal defense attorney.
Financial Consequences of a Domestic Violence Conviction
A domestic violence conviction can create significant financial burdens.
Possible financial consequences may include:
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Criminal fines imposed by the court
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Mandatory fees and assessments
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Legal defense costs
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Loss of income due to incarceration
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Job loss or difficulty finding employment
Domestic violence convictions often appear on background checks, which can make it harder to secure employment or obtain promotions.
These long-term financial consequences are one reason it is critical to carefully evaluate legal options before resolving a domestic violence case.
Protective Orders in Domestic Violence Cases
Courts often issue protective orders in domestic violence cases.
A protective order is similar to a restraining order and may prohibit a defendant from contacting the alleged victim.
If a defendant is convicted of domestic violence, a criminal protective order may remain in effect for several years and in some cases up to ten years.
Protective orders may require the defendant to:
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Stay away from the alleged victim
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Avoid contacting the victim by phone, text, email, or social media
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Move out of a shared residence
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Stay a certain distance away from the victim's home or workplace
Protective orders can make it difficult for couples who wish to maintain their relationship, particularly when children are involved.
Violating a criminal protective order may result in additional criminal charges under Penal Code 273.6.
Loss of Firearm Rights After a Domestic Violence Conviction
A domestic violence conviction can result in the loss of firearm rights under both California law and federal law.
In many cases:
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A felony domestic violence conviction results in a lifetime firearm ban
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A misdemeanor domestic violence conviction may result in a ten-year firearm prohibition
The firearm restriction applies to:
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Ammunition
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Firearm magazines or feeding devices
Because firearm rights are protected under both state and federal law, the loss of these rights can have lasting consequences for individuals convicted of domestic violence.
Immigration Consequences of Domestic Violence Convictions
Domestic violence convictions can also have serious immigration consequences for non-citizens.
Some domestic violence offenses are considered crimes involving moral turpitude under immigration law. As a result, a conviction may lead to:
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Deportation or removal proceedings
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Denial of citizenship applications
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Denial of entry into the United States
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Loss of lawful immigration status
Domestic violence offenses that commonly affect immigration status include:
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Domestic battery
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Corporal injury to a spouse or cohabitant
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Child abuse
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Child endangerment
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Stalking
Non-citizens facing domestic violence charges should consult both a criminal defense attorney and an immigration attorney to understand the potential immigration consequences.
Expungement and Post-Conviction Relief
In some cases, individuals convicted of domestic violence may be eligible to improve their criminal record through post-conviction relief.
Possible options include:
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Expungement of the conviction after successful completion of probation
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Reduction of a felony offense to a misdemeanor under Penal Code 17(b)
For many first-time offenders who successfully complete probation and comply with court-ordered conditions, it may be possible to reduce some of the long-term consequences of a domestic violence conviction.
Eligibility for expungement or reduction depends on several factors, including:
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The terms of the plea agreement
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Compliance with probation conditions
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Whether the defendant committed new offenses while on probation
If probation terms are violated or the defendant is arrested again, eligibility for post-conviction relief may be reduced.
Frequently Asked Questions
What happens if you are convicted of domestic violence in California?
A domestic violence conviction may result in jail time, fines, probation, mandatory counseling programs, protective orders, and the loss of certain rights.
Can a domestic violence conviction affect employment?
Yes. Domestic violence convictions often appear on background checks and may make it more difficult to obtain employment, promotions, or professional licenses.
Can you lose gun rights after a domestic violence conviction?
Yes. A felony domestic violence conviction usually results in a lifetime firearm ban, while a misdemeanor conviction may result in a ten-year firearm prohibition.
Can a domestic violence conviction affect immigration status?
Yes. Some domestic violence offenses may be considered crimes involving moral turpitude and can lead to deportation or denial of immigration benefits.
Can domestic violence charges be expunged?
In some cases, individuals who successfully complete probation may be eligible for expungement or reduction of the conviction, depending on the circumstances of the case.
Defense Lawyers for Domestic Violence Cases
The best defense strategy for domestic violence charges depends on the specific facts of each case.
An experienced criminal defense attorney can review the evidence, identify weaknesses in the prosecution's case, and develop a strategy to fight the charges.
In some cases, a lawyer may intervene before charges are formally filed through a process known as pre-filing intervention. This process may persuade prosecutors to decline to file charges.
An arrest for domestic violence does not necessarily mean that charges will be filed or that a conviction will occur.
Contact a Los Angeles Domestic Violence Defense Lawyer
If you or a loved one has been arrested or is under investigation for domestic violence, it is important to seek legal guidance as soon as possible.
Cron, Israels & Stark represents clients throughout Southern California, including Los Angeles County, Ventura County, Santa Barbara County, Orange County, Riverside County, San Bernardino County, and the San Fernando Valley.
Schedule your consultation today.
