A felony domestic violence crime can take up to 5 years in state prison. Probation can also last up to 5 years. There is a minimum of 3 years of probation as a state requirement in all cases of serious domestic violence. The legal consequences of domestic violence in California could include fines, counseling, probation, community service, or imprisonment.
In addition, you could be legally prohibited from contacting the victim or entering their home. In addition, the position will be on your record and will make it more difficult for you to get a job. Under Penal Code 1203,4, you can ask the court to set aside your misdemeanor conviction for bodily domestic violence. Hiring the help of a highly trained criminal defense attorney who is well-versed in California domestic violence laws is the best way to protect your rights in court.
California's penal code defines spousal assault as the deliberate and unlawful use of violence against a spouse or cohabitant. It is not a reason to withdraw your guilty plea that you are innocent or that you have changed your mind about the plea, or that you don't like domestic violence classes. In the state of California, domestic violence charges can be filed against you, even if the victim didn't report the incident. While these are at the “lower end of potential injuries inflicted, they are still serious and you could face domestic violence in jail.
Unfortunately, for those convicted of a felony, probation is not a likely sentence, even if they have no previous record. Prosecutors are tough on domestic violence charges, but they can only go where the evidence leads them. A conviction for domestic violence is classified as a crime of moral turpitude and can be used for dismissal in subsequent prosecutions. 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.
If James is accused of domestic battery, his lawyer can use the defense of others to argue that James' actions were justified, since he had a reasonable belief that Sarah would suffer bodily injury if he did not defend her from his wife. It remains accessible to individuals considering it for public employment, as well as law enforcement and court personnel to improve sentencing if you commit a subsequent felony. Under Penal Code 29805, a misdemeanor domestic violence conviction will result in a 10-year firearms ban. Under Penal Code 243 (e) (, California domestic battery law makes it a misdemeanor to use force or violence against an intimate partner to be a misdemeanor.
If the defendant has already been charged with two felonies and is charged with a third felony or violent crime, the law requires a state prison sentence of at least 25 years to life in prison.
