What Sentence Am I Facing for My California Domestic Violence Charges?

 Posted on September 29, 2020 in Criminal Defense

California law treats domestic violence very seriously, and in fact, the state has designated a special Spousal Abuser Prosecution Program that provides funding and assistance for prosecuting attorneys in criminal spousal abuse cases. If you have been accused of any crime involving domestic violence, you may face severe consequences. An experienced criminal defense attorney can help you understand the penalties that may result from a conviction, and provide a strong defense that can result in dismissed or reduced charges.

Possible Penalties for Domestic Abuse in California

In California, domestic violence charges involving a spouse or domestic partner often fall under one of two categories: domestic battery and corporal injury to a spouse or cohabitant.

1. Domestic battery is defined as the willful or unlawful use of force or violence on a spouse or domestic partner. It is considered a criminal misdemeanor offense that may result in fines of up to $2,000 and imprisonment of up to one year. In some cases, the court may order probation in place of other penalties, in which case the offender may be ordered to complete a batterer’s treatment program, make payments to a battered women’s shelter, and cover the victim’s costs of counseling and other reasonable expenses as a result of the abuse.

2. Corporal injury to a spouse or cohabitant is defined similarly to domestic battery except that the use of force or violence results in a tangible or visible injury, whether major or minor. This offense is often considered a felony, with penalties including fines up to $6,000 and imprisonment ranging from one year in county jail to up to four years in state prison. Prior convictions on the offender’s record can result in increased penalties. As with domestic battery, possible probation conditions include a batterer’s treatment program, payments to a women’s shelter, and restitution to the victim, and the court may also issue a restraining order of protection barring contact between the offender and the victim for up to 10 years.

Other Consequences of Domestic Violence Convictions

In addition to fines, imprisonment, and probation conditions, a domestic violence conviction can result in other future consequences. For example, a domestic violence record can negatively impact a parent’s custody and visitation rights. Misdemeanor domestic violence convictions can result in a 10-year ban on possessing firearms, and felony convictions can result in a lifetime ban. Additionally, immigrants who are convicted of domestic violence may be at risk of deportation or find it difficult to obtain an adjustment of status.

Contact a Fremont Domestic Abuse Defense Attorney

At the Fuller Law Firm, we believe that anyone accused of domestic violence deserves quality legal representation provided by a skilled defense attorney who can ensure that you are treated fairly. We will do everything in our power to have your charges dropped or reduced so that you have the chance to reform your behavior and move forward with your life. Contact our reputable Alameda County criminal defense lawyer today at 408-234-7563 to schedule a free consultation.

Sources:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=8.&part=1.&chapter=9.&article=

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=273.5. 

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=9.&part=1.&chapter=2.5.&article=