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? usually, what happens in these cases is that the police come out to a scene. 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 — 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, doing this twenty-five years, it's a common them 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.  One big factor is whether you have any 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 time, on 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're focusing in on whatever injury or injuries there are to the alleged victim.  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 far as between this nine-year sentence and no jail sentence for those people who just have first offenses — very simple injuries — pushing, shoving, even punching, but there are no real injuries, scratching — those people are not looking at much jail time, but 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 thing on the part of the prosecutors as far as what they're asking for punishment-wise.

Most times, it's a negotiation and a plea bargain between the prosecutors and the defense attorney.  If the prosecutors have the goods, have the case, then you're just talking about what the punishment's going to be.  Obviously, the prosecutors are going to want a punishment that they feel fits the crime.

Mitigating Factors

It's the defense attorney's job to point out 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.

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 over-crowding in county jail.  For example, for a ninety-day sentence, you may just serve a few days if you go in 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, the best step you can take is to seek professional guidance. By consulting with someone like me, you can gain a clearer understanding of your case's unique factors 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 what the tendencies are of the particular judge or prosecutor on your case and some of the mitigating things that we can get in front of them to try to minimize the chance that you'll get jail.

If you're facing the possibility of jail time, remember that there are strategies to potentially 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 go over everything, and we'll design a specific plan geared toward helping you get out of jail and out of the criminal justice system as fast as possible.