This is probably one of the big questions on people's minds when they're arrested for domestic violence, and that is, is their liberty going to be taken away? Typically, the police arrive at the scene in these cases. They assess a situation, and once they determine that somebody has committed some sort of violence against another person, there are injuries, they take pictures, and then they're going to arrest that person. This arrest can lead to serious legal consequences, including potential jail time, fines, and a criminal record.

That person is going to be handcuffed and put in the back of the police car, and then taken to a particular police station and held for some time.  Sometimes, they're held for a long time before they're able to bail out; other times, they can bail out in two or three hours.

But I tell you, after twenty-five years, it's a common theme when people come into my office and say, 'I don't want to go back into custody again. '  That was horrible, and they haven't even been to the worst part of custody.  They've just been to a local jail.  The county jail is obviously much worse, with much more hardened criminals and much less control on your part because you're in a huge system.

Prior Criminal Record and Victim Injuries

The factors that dictate whether or not you're going to get to jail are obviously important.  A significant factor is whether you have a criminal record.  Suppose you've got a bunch of domestic violence cases, or you've got a domestic violence case with a particular victim in the new case. In that case, you can bet your bottom dollar you're definitely looking at jail or prison time.

A lot of times, in a second-time domestic violence case, they file it as a felony, so it gets a lot more serious.  So, that's one big factor — whether you have a criminal record and a criminal record for violence or domestic violence is certainly something the prosecutors will take into account.

The next big thing they look out for in deciding whether or not you're going to get any jail or prison time is what you did in the particular case.  Usually, they focus on the alleged victim's injuries.  So, the worse the injury, the more time you're looking at.

You can go to the extreme if someone has broken bones because of what you've done.  You're looking at a great bodily injury allegation, which is three years for the injury alone, plus you combine that with a six-year top for a felony domestic violence case, and now you know you're looking at nine years at 85% and a strike.

So, they can really get serious with these cases in the extreme example of people who get seriously hurt, and the defendant is going to be the only one to pay the price.  As for the nine-year sentence and no jail time for those who have first offenses, involving very simple injuries, such as pushing, shoving, or even punching, but with no real injuries or scratches, these individuals are not facing much jail time. However, there are people in between.

Some people get involved in a domestic violence situation. They hurt the other person, and again, it's a very subjective matter on the part of the prosecutors as far as what they're asking for in terms of punishment.

Most of the time, it's a negotiation and a plea bargain between the prosecutors and the defense attorney.  If the prosecutors have the case, then you're just discussing what the punishment will be.  Obviously, the prosecutors will want a punishment that they believe fits the crime.

Mitigating Factors

It's the defense attorney's job to highlight some of the mitigating factors in the case that make sense, so that the person doesn't get railroaded and sent to jail for a significant period. A defense attorney can investigate the case, gather evidence, and present a strong defense in court. They can also negotiate with the prosecution to secure a favorable plea deal or argue for a lighter sentence.  So, if you're not going to be sent to prison for a long time and you're not going to get a no-jail sentence, you may get something in between that. A skilled defense attorney can be your best ally in navigating the legal system and achieving the best possible outcome in your case.

One good thing is that in Los Angeles County, for county jail sentences, you're serving a very small percentage of the time because of the overcrowding in county jails.  For example, for a ninety-day sentence, you may only serve a few days if you enter at the right time, and the county jail is very crowded; they may not keep you for very long.

So, that's one good ray of light to look forward to because most people have to work.  They have responsibilities, and going to jail simply does not work for them.

So, if you're facing a domestic violence case in Los Angeles and feeling anxious about the potential consequences, remember that understanding the legal process can provide a sense of relief. While I've outlined some of the factors that prosecutors and judges consider, it's also important to understand the steps involved in a criminal case, from arraignment to trial. The best step you can take is to seek professional guidance. By consulting with someone like me, you can gain a clearer understanding of the unique factors in your case and potential mitigating strategies.

Give all the details about your life, the case, and your prior criminal record. Then I can give you a pretty good idea of the tendencies of the particular judge or prosecutor on your case and some of the mitigating factors that we can present to try to minimize the chance that you'll go to jail.

If you're facing the possibility of jail time, remember that there are strategies to reduce the amount of time you serve. By working with a skilled attorney, you can aim to minimize your jail sentence, which in turn can reduce the time you spend away from your family and responsibilities. This prospect should bring a sense of hope and optimism in an otherwise challenging situation.

So, if you're worried about jail time in a domestic violence case, stop worrying about it. Pick up the phone. Make the call. We'll sit down and review everything, and we'll design a specific plan tailored to help you exit the criminal justice system as quickly as possible.