A domestic violence conviction will result in a minimum sentence of three years of probation and the successful completion of. In cases where the prosecutor has little or no evidence that any injury or contact has been made, or where the victim states that there was no violence, a Disturbance of the Peace charge under PC 415 may be the last resort. If there are images of bruises in a domestic violence case but the victim doesn't testify, the case can move forward. All of these charges could also be classified as domestic violence, it just depends on the relationship between the parties.
Under Penal Code 1203,4, you can ask the court to set aside your misdemeanor conviction for bodily domestic violence. There is also the most common charge of domestic battery, which is a first-degree misdemeanor and carries a maximum penalty of one year in jail. If you or a loved one has been arrested for a domestic violence crime, it is imperative that you discuss your case with a domestic violence lawyer right away. You need an experienced domestic violence lawyer who uses all available legal defenses to reduce or dismiss your charges.
For more information on felonies and misdemeanors of domestic violence and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Alternatively, the prosecutor may charge the defendant with domestic battery in violation of Section 243 (e) of the California Criminal Code PC. When a person is arrested for a domestic violence crime, they can ultimately be charged with a felony or a misdemeanor, depending on several different factors. In many domestic violence cases, the defendant will be arrested on suspicion of bodily injury to his or her spouse in violation of Section 273.5 of the California Penal Code, PC, which is a wobbling offense. Domestic battery is a misdemeanor and usually involves physical contact that does not involve any injury, such as when there is pushing and shoving between husband and wife.
A misdemeanor will mean up to 1 year in county jail, but a felony conviction has the potential of 2 to 6 years in state prison, and longer sentences for those who have a previous conviction on file.
