What are the Consequences of a Domestic Violence Conviction?
First, most importantly, we want to avoid a domestic violence conviction. And, there are many ways to achieve that aim. Please call us to start building your defense.
Second, we want to help you understand what you are facing if you are charged with domestic violence.
There are two main charges people face.
Violation of Penal Code Section 243 (e) – Domestic Battery (misdemeanor)
Violating this law consists of any willful, harmful or offensive touching of someone with whom you are or were married to or dating.
Violation of Penal Code Section 273.5 – Corporal Injury of a Spouse/Partner (can be charged as misdemeanor or felony)
Violating this law consists of willfully inflicting an injury upon someone with whom you are or were married or dating that results in a “traumatic condition”. If the injury is serious enough you will likely be charged with this offense as opposed to the above PC 243 (e).
Possible Felony – also, this offense can be charged as a felony. If the injury resulted in a broken bone, for example, or if the victim complained of choking, the district attorney will likely file the case as a felony.
The consequences are as follows:
- Informal Probation - If you are convicted of either of the above offenses as misdemeanors you will be placed on informal court monitored probation (no reporting to a probation officer). The California State Legislature just changed the maximum probation time to one year.
During the probationary period you must obey all laws and not commit and new offenses. You also have to obey the terms of your probation which might include a stay away order from your spouse or partner. (Such orders can be lifted or modified upon the victim's requests).
- Jail Time – You may, or may not, serve jail time. Much of this determination will depend upon your criminal record. But, we have never had a client go into custody on a first or second offense misdemeanor domestic violence matter.
- Criminal Protective Order – The judge may order a complete ban on any contact between you and the victim in the case. This can be modified or lifted upon the victim's request.
- Domestic Violence Classes – You will be ordered to enroll in a 52-week domestic violence program and to report your progress to the court on a regular basis.
- Loss of Gun Rights – You will lose your rights to own or possess a firearm for ten years if you are convicted of violating Penal Code Section 243 (e). The prohibition is for life if you are convicted of violating Penal Code Section 273.5. This is true regardless of the second amendment.
- Fines and Fees – The court will order that you pay a fine and will order to pay a $500.00 domestic violence fee to a shelter.
- Immigration Consequences – There are serious consequences for those on DACA, undocumented or even a legal permanent resident. A conviction for violation of PC 273.5 is a deportable offense. While PC 243(e) is not deportable we need to know about any and all prior criminal history to give you the correct advice.
- Criminal Record – The conviction stays on your record permanently and can effect your ability to obtain housing and employment. You can have the conviction expunged once you are off probation (now one year for misdemeanors and two years for felonies). But, this does not remove the conviction from your record.
As stated previously, we want to avoid a conviction so that you do not face any of these consequences.
Call us now to start building your defense. 831-783-0222