A lawyer could reduce spousal battery charges to less or no jail time and fines. A felony is the most serious level of criminal offense in California. Those who are convicted of felonies can be sentenced to serve time in a California state prison. A person can be convicted of a felony and placed on formal probation for a specified period.
The judge can impose up to one year in jail as a condition of granting felony probation. A felony conviction carries significant consequences, including loss of voting rights, and having a felony conviction on a person's record can prevent people from being considered for many jobs and housing opportunities. A conviction for domestic violence will result in a minimum sentence of three years of probation and the successful completion of a mandatory 52-week program for offenders that meets one session per week for a minimum of two hours. There may be instances where a domestic violence crime can be considered a strike under California's Three Strike Act.
PC 653.2 is often charged when someone uses the Internet to get revenge on the other party in a domestic dispute. If a person is not a citizen of the United States, having a domestic violence conviction on their record could result in deportation or denial of naturalization, even if the person has resident status. This also allows the court to reduce a felony under this section to a misdemeanor or for your lawyer to negotiate it if you are charged with a felony domestic violence offense. After a defendant is convicted in a criminal domestic violence case and released on probation, the judge sometimes asks how they are doing in the offender program.
There is a minimum of 3 years of probation as a state requirement in all cases of serious domestic violence. For that reason, it's important that you only have a qualified California criminal defense lawyer who handles your domestic violence case from the start. A conviction for domestic violence in California will almost always result in the loss of the right to own or possess a firearm. An experienced California criminal lawyer can negotiate a plea agreement that avoids the negative immigration consequences of a domestic violence conviction.
Therefore, before pleading guilty, it is essential that a non-citizen consult with an experienced California domestic violence lawyer. Going to therapy, immediately enrolling in a domestic violence program, attending alcohol or substance abuse meetings, and collecting evidence of your attendance can make a difference in your sentence. Robert Tayac is recognized as one of the best domestic violence lawyers in California and represents clients in criminal cases involving domestic violence, assault and battery, and requests for and responses to restraining orders. A conviction for domestic violence is classified as a crime of moral turpitude and can be used for dismissal in subsequent prosecutions.
California Penal Code Section 273.5 pc2, which is the most commonly charged domestic violence-related charge, deals with bodily injury to a person who is or was once the defendant's intimate partner.
