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Domestic Violence Sentencing in Los Angeles Criminal Courthouses

Domestic Violence Sentencing in Los Angeles Criminal Courthouses
If convicted of domestic violence in Los Angeles, the court could impose a wide range on penalties depending on the details of the case.

In all Los Angeles County criminal courts, domestic violence is considered a serious offense.

There have been many high-profile domestic violence incidents in California over the years, which have brought close scrutiny to the very dangerous nature of these types of cases.

Domestic violence is one of the most commonly reported crimes in Los Angeles County.

Under California law, there are a lot of domestic violence “wobbler” offenses, which means the prosecutor has the discretion to file the case as either a misdemeanor or felony crime.

If you are convicted of domestic violence, the judge usually imposes many penalties, but many collateral consequences could affect you for life.

There is a wide range of penalties for charges related to domestic violence; some misdemeanor cases carry up to one year in county jail, while felony convictions carry more extensive penalties, including a potential “strike” under California's Three Strikes law.

There are also a wide range of domestic violence-related charges, including:

Our law firm provides an overview below to help readers better understand sentencing in Los Angeles domestic violence cases.

Domestic Violence Terms of Probation

If convicted of a domestic violence-related incident, there are many terms and conditions of probation you will be required to follow.

You might be required to serve some jail time as a condition of probation.

The judge will normally order you to complete anger management or domestic violence counseling. If you fail to complete the classes in a timely fashion successfully, you could be facing a probation violation. 

If you have been accused of domestic violence (DV), you are facing the possibility of attending a Batterers' Intervention Program (BIP) if you are convicted. 

The terms and conditions of probation for a domestic violence offense are covered under California Penal Code 1203.097.

The one-year program requires you to attend a two-hour class once weekly and must be completed within 18 months.

Attendance in the classes is crucial. You are only allowed 3 absences, and they must be for good cause.

You will be required to pay fees for the program, which could be modified based on your ability to pay.

The primary goal of the classes is to help you gain a better understanding of the issues causing your domestic violence incident and to prevent abuse in the future.

The judge could also order you to complete community service or even community labor hours as a condition of probation.

You might also be ordered to pay court fines along with well as victim restitution for any damages incurred due to your conduct.

Protective Order

Normally, the judge will also issue a protective order prohibiting you from contacting the victim, but the judge has the discretion to modify the order for peaceful contact if the victim requests it. 

This means they can still communicate, but you will be ordered not to annoy, molest, strike, or harass the other spouse.

However, some judges will require full protective orders even in a situation where the victim is requesting contact.

A protective order is issued by the court to protect the victim in domestic violence cases.

Clearly, a full protective order can have a huge effect on a family who seeks to keep their relationship together and wants to work out their disagreements.

The terms of protective orders can vary, and the judge has discretion over exactly which conditions are imposed and which persons are protected by the order.

If you are found to violate the protective order, you could be facing a probation violation along with new charges under California Penal Code 273.6.

Probation, County Jail, or State Prison

Suppose you are convicted of a misdemeanor domestic violence crime, such as domestic battery described under California Penal Code 243(e)(1). In that case, you will normally be placed on probation for a certain amount of time.

The probation can be supervised or unsupervised and will require you to complete all the terms of probation successfully.

It's also possible to receive up to one year in county jail and a fine up to $6,000.

If you are convicted of a felony domestic violence case, such as corporal injury to a spouse described under California Penal Code 273.5(a), or criminal threats under California Penal Code 422, you could be facing:

  • two, three, or four years in county jail or up to six years in a state prison.  

Other common California domestic violence-related convictions include:

Penalties will increase if you are convicted of a domestic violence charge within seven years of a prior conviction.

A domestic violence conviction could also be considered a “strike” under California's Three Strikes Law.

Collateral Consequences of a Domestic Violence Conviction

In addition to all the penalties discussed above that can be imposed by a Los Angeles criminal court judge, many collateral consequences are directly connected to a domestic violence conviction.

For example, you will lose your right to own or possess a firearm.

You could lose your custodial or visitation rights with your children. 

Also, if you are an undocumented immigrant, domestic violence is considered a crime involving moral turpitude, meaning the consequences could include removal, deportation, exclusion from admission to the United States or denial of naturalization.

A domestic violence conviction might put your professional license in jeopardy, and the conviction will also appear on background checks conducted by potential employers.

Contact Eisner Gorin LLP for a Case Review

Suppose you or a family member has been accused of domestic violence. In that case, it's crucial to review your case with a criminal defense lawyer with experience dealing with all types of domestic violence allegations in the local courts.

We are former prosecutors and understand effective defense strategies to the best chance at a favorable outcome.

We are skilled courtroom negotiators and might be able to get your domestic violence charges reduced or dismissed.

Eisner Gorin LLP is a team of criminal defense lawyers located at 1875 Century Park E #705, Los Angeles, CA 90067. Contact us for a case review at (310) 328-3776.

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