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The Consequences of Domestic Violence to Perpetrator
California’s legal system treats domestic violence charges with utmost seriousness. Individuals convicted of this crime may face a range of penalties, including probation, mandatory counseling or anger management classes, community service, fines, and a restraining order.
However, what the majority of individuals fear the most is facing the prospect of jail time since it can leave a long-lasting mark on one’s criminal record, negatively impacting employment opportunities and housing options, as well as personal and professional relationships.
Given the gravity of these charges, potential consequences, and the complex nature of the legal process governing them, seeking professional counsel is paramount. An experienced San Diego, CA domestic violence lawyer can provide guidance throughout the process, explain your rights and options, and work toward ensuring the best possible outcome.
How long do you go to jail for domestic violence in California?
California law allows for domestic violence crime to be tried either as a misdemeanor or a felony, depending on the severity of the offense and the defendant’s criminal history, with sentences corresponding to a respective classification.
However, in both instances there’s a possibility of jail time, with the length of a sentence being determined by:
- The presence of aggravating or mitigating factors;
- The extent of harm caused to the victim;
- Whether the violence involved physical injury or emotional abuse.
Based on these contributors, as well as the specific circumstances of the case, the sentence may include:
- For misdemeanor DV conviction: Up to one year in county jail;
- For felony DV conviction: Up to 5 years in state prison (given that there are no aggravating factors).
What’s the minimum sentence for domestic violence in California?
The vast majority of California courts will impose a minimum jail term of 30 days in case of a DV conviction, even if it is charged as a misdemeanor and even if the defendant is a first-time offender. However, even here, sentencing is not a one-size-fits-all approach.
Depending on the individual situation and the aforementioned factors, a criminal defense attorney may be able to negotiate lesser charges resulting in probation, instead of jail time. In some instances, they may even have the charges dropped completely.
However, if they don’t and probation remains a final option, the defendant will be required to adhere to the terms, which may include community service, counseling, and/or anger management classes (among others).
It is also important to note that the violation of probation is considered a crime that can create a highly unfavorable situation for the defendant. The implications may include serving jail time for the whole term (previously avoided by probation), with more time added due to violation.
What is the max time for domestic violence in California?
As we’ve already mentioned, domestic violence charged as a misdemeanor can lead to a maximum sentence of up to one year in county jail. However, for cases charged as a felony, the penalties can be much more severe, with potential prison sentences ranging from several years to over a decade, depending on the circumstances.
Do note that the felonies fall under the “three-strikes” category, meaning that repeat offenses can (and often do) result in significantly longer time of up to 25 years in state prison and even a lifetime sentence, in the most severe cases (e.g. severe physical injury or sexual assault on minors).
Who’s the leading San Diego, CA domestic violence lawyer near me?
At Monder Criminal Law Group, we understand the gravity of domestic violence charges and the potential consequences they carry. Our mission is to protect your rights, reputation, and future by mounting a strong defense on your behalf.
With a track record of successfully handling domestic violence cases, our award-winning attorneys have the experience and expertise to navigate the intricacies of the legal system with the utmost effectiveness.
Reach out to us today or visit our offices in San Diego’s historic Gaslamp Quarter for a confidential consultation, and ensure you have a legal team that is ready to fight for your rights, freedom, and future!