by Flora Garcia-Sepulveda

Family Law, Domestic ViolenceSeptember 28, 20200 comments 0 Likes

Consequences of a domestic violence conviction in California

According to California’s domestic violence laws, it is a punishable crime to harm or threaten to harm a current or previous intimate partner.

Statistically, the most commonly used penal code under California’s domestic violence law is Penal Code 243 Domestic Battery and Penal code 273.5, Inflicting corporal injury on an intimate partner. Let’s discuss the consequences of a domestic violence conviction in California.

Consequences of having a domestic violence conviction on record

Apart from jail or prison punishment, the consequences of a California domestic violence conviction can include:

• Having to serve the mandatory minimum of 30 days of jail time
• Court-appointed meetings in domestic violence classes such as “The batterer’s intervention program”
• Fines or restitution to the victimized part
• Restraining orders against the victim
• Loss of parental rights and custody
• Lose the right for gun ownership in the state of California
• Permanent registration in the criminal record
• Denied access to the United States for non-citizens or deportation for illegals

One or all of these will apply even if the defendant faces sentencing based on a misdemeanor or felony probation.

Defending against domestic violence claims in the state of California

Being convicted for domestic violence will result in a permanent record. By consulting a domestic violence conviction lawyer, there are ways to protect yourself against such charges. There are a few situations that will help, such as:

• It can be proven to be an accident.
• The injuries are not from the defendant’s actions.
• The defendant acted against possible damage or attack in self-defense to protect himself or someone else. 
• The Victims claim can be proven false.

Proving one of the above to the prosecutor might help convince the state not to go forward with a criminal case in court. It will also help negotiate an improved plea deal or a lesser duration on sentencing.

What are the typical domestic violence conviction crimes and penalties?

Statistically, the most common charges for domestic violence conviction are battery, abuse, threats, and neglect. Most of these can be charged as either a misdemeanor or a felony, depending on:

• The circumstances of the offense
• The seriousness of the injuries caused by the defendant
• Previous criminal record the defendant might have

Can a defendant accused of DV receive probation?

There is no law preventing defendants accused of domestic violence conviction receiving probation. A judge might be willing to accept probation if:

• The defendant is a first offender.
• The victim’s injuries are not significant.

If there is a chance for probation for a formal felony, they are better if the defendant is judged as a misdemeanor.

There is a minimum jail time even with probation, but only a fraction of it is served in prison. The benefits of probation will be avoiding serving little jail time as long as the court’s terms are followed accordingly. If the defendant violates the court’s conditions, the judge can revoke the right to probation and have the defendant serve a jail sentence.

For domestic violence conviction, most California counties enforce a mandatory minimum jail time of 30 days. This minimum is. In effect, no matter if the charge is a misdemeanor and first offender.

If you’re facing domestic violence charges, you should always consult a lawyer with experience from California family court and domestic violence conviction expertise. At Woodman Garcia-Sepulveda Law, we can help you. Call us today.