Domestic violence charges carry far-reaching legal consequences for those involved. Charges can be filed as either misdemeanors or felonies, depending on the severity of the offense. Misdemeanor domestic violence can result in up to one year in county jail, while felony domestic violence can lead to a maximum sentence of up to four years in state prison.
Beyond incarceration, a domestic violence conviction can also result in the loss of gun rights and the issuance of restraining orders or protective orders. These orders can have significant effects on child custody arrangements, where you live, and the outcome of family law cases. In addition, since both domestic violence convictions and certain restraining orders appear on background checks, there could be employment consequences.
“Domestic violence” covers a wide range of incidents. There is a myth that “someone has to be bruised or bleeding” in order for charges to be filed – this is not true. Domestic Violence typically falls into one of three categories:
- Disturbing the Peace – PC § 415 – includes shouting, loud arguing, throwing and breaking objects. If a romantic partner is involved, there could be additional penalties even though this is not a “domestic violence” charge.
- Domestic Battery – PC § 243 – includes shoving, hitting, punching, slapping, pulling hair, or throwing an object, with no serious injuries.
- Domestic Violence with Injury – PC § 273.5 – causing a serious injury to a spouse or partner.
It is critical to understand that under California law, if a case starts with domestic violence charges, even if those charges are later reduced to something like “disturbing the peace”, or “vandalism”, you can still face specific domestic violence-related consequences such as restraining or protective orders, a longer period of probation, and a state-mandated 52-week domestic violence class.
How Can Farris Law Firm help?
Domestic Violence cases are, by law, not eligible for “formal” diversion programs, where a judge could order a defendant to complete some classes or treatment in exchange for dismissing the charges. However, “informal” diversion, where your attorney makes an agreement with the prosecutor to dismiss the case if you complete certain requirements, is still allowed. You want an experienced attorney with good relationships with the judges and prosecutors to make that a possibility.
Depending on the evidence, we also have the option to reduce your charges to something that is not categorized as domestic violence – simple battery, disturbing the peace, public intoxication, or other very minor charges will have lesser penalties.
Finally, you always have the option of going to trial. Farris Law Firm will fight your case out in open court, in front of a jury, and hold the prosecutor to their burden. The prosecutor must prove, beyond a reasonable doubt, every element of an offense before you can be convicted and sentenced.
Your attorney at Farris Law Firm knows the ins and outs of this part of our legal system and can help you at every step of the way with your domestic violence case.
