California Domestic Violence Penalties
A domestic violence (DV) related conviction not only carries a shameful stigma, but the consequences extend beyond the already harsh penalties, some of which are mandatory regardless of whether it is a first offense or not. Furthermore, while alleged victims in DV related cases can not be prosecuted nor sanctioned for electing not to cooperate with prosecutors and law enforcement, their lack of cooperation nor request that charges be dropped will not automatically end the investigation nor prosecution of the case.
What Constitutes A DV Related Offense?
PC 243(e)1 – Domestic Battery and PC 273.5 – Spousal Abuse are obviously domestic violence related offenses. However, there are certain offenses that can be both DV related and non-DV related, depending on the the relationship between the alleged perpetrator and alleged victim. The following are a few of the offenses that fall into that category:
- PC 236 – False Imprisonment, which is the unlawful violation of another’s personal liberty.
- PC422 – Criminal or Terrorist Threats, which is the act of placing another in reasonable fear of his/her safety by way of verbal or written threat.
- PC 594 – Vandalism, which is malicious destruction or damaging of another’s personal and/or real property
- PC 245(a)1 – Assault With A Deadly Weapon, which is committing an assault upon person with a weapon or instrument other than a firearm
- PC 245(a)2 – Assault With A Deadly Weapon, which is committing an assault upon another with a firearm
What Are The Typical Penalties For A Domestic Violence Related Charge?
The majority of DV related offenses are considered “wobbler” offenses. Therefore, they can be prosecuted as either felonies or misdemeanors. Naturally, felony DV related offenses carry harsher penalties than their misdemeanor counterparts. The following are potential penalties and consequences you face if convicted of a DV related offense:
- Imprisonment in California State Prison or County Jail
- Formal (supervised) or informal (unsupervised) probation
- Fines, penalty assessments, and restitution
- Mandatory completion of a court approved 52 week batterer’s program
- Restraining order
- Deportation or disqualification from citizenship or permanent residency
- Revocation of state and professional licensing
- 10 year firearms ban
How Our Domestic Violence Defense Firm Can Help?
With over 70 years of combined criminal trial experience, we have the expertise and relationships with local judges and prosecutors ensure you receive the best legal representation possible. Our experience as former senior prosecutors and criminal defense experts since 1987 provides our clients with an unparalleled advantage in the courtroom. Many of the consequences listed above can be mitigated. Therefore, it is paramount that you seek experienced legal counsel if you find yourself targeted in a DV related investigation or if you have been arrested for a DV related offense. Please call us now at (888) 579-4844 for a free no-obligation consultation to review your case details and options.
