Domestic Violence Criminal Defense Explained: Part Two

Typical charges in domestic violence cases can vary based on initial findings. This type of violence occurs between girlfriend and boyfriend or between spouses. Hopefully, with the right attorney, if you are charged with such a crime, you can work hard to reduce your sentence.

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

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

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

Domestic violence is a form of assault in which the victim (usually) is a girlfriend or spouse. Penal Code sec. 243(e) covers the common forms of this and Penal Code sec. 273.5 applies when the victim can demonstrate some type of injury, even just a bruise or scratch.

If any children were present at the incident, the prosecutor may also file a Penal Code sec. 273.5 count of endangering a child.

Typical Sentences in Domestic Violence Cases

3 years of supervised probation with a minimum of 18 months of regular meeting with the probation officer 10 to 90 days in jail; this is instead of up to 6 months that he could be sentenced for the same charges without injury and a year in jail for this arrest with injury.

An experienced criminal defense attorney can make the difference in minimizing your sentence. For example, all jail time can be avoided if the prosecutor allows you to serve your time in the Sheriff’s Work Program.

Fines range from $1,000 to $3,000 in most cases.

In addition, you will be required to attend domestic violence classes for up to 52 weeks. You may be advised to take the proactive step of registering before sentencing, so that you present yourself well in court.

The consequence of a conviction can be more serious than is commonly thought. You can be charged with either a misdemeanor or a felony, making it a “wobbler” offence.

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

Domestic Violence and Orders of Protection

This can include threats, annoying or frightening phone calls, stalking, unwanted sexual advances, and slapping or punching. Child endangerment charges are often added if a child witnessed the “violence.” Arrests commonly occur after the terms of a TRO have been violated.

After the incident, the alleged victim often requests a protection order that prevents any contact with the children involved, especially if the couple is divorcing or separated.

An attorney can try to modify a TRO or other protective order. A good criminal defense attorney can even prevent protection orders from being issued in the first place.