Domestic Violence Sentencing in Los Angeles Courts
Domestic violence (DV) is not just a common crime but a serious one that is considered severe by the Los Angeles District Attorney's Office. Many domestic violence crimes are what we call 'wobbler' offenses. This means that they can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant's criminal history.
A DV conviction carries not only direct penalties imposed by the court but also collateral consequences that can have profound and life-long implications, impressing upon the audience the gravity of the situation.
If you were charged with a felony-level domestic violence crime, such as corporal injury to a spouse in violation of California Penal Code Section 273.5 PC or criminal threats under Penal Code Section 422 PC, you may be sentenced to state prison time. This prospect underscores the severity of the offense and the potential for significant legal consequences.
In many felony cases, a domestic violence conviction can be considered a 'strike' under California's Three Strikes Law, which increases sentences on violent repeat offenders. This adds a significant layer of severity to the potential consequences.
The court will typically issue a protective order prohibiting you from contacting the victim. The judge might modify the order to allow peaceful contact if the victim requests it.
However, some judges will still require a full restraining even where the victim wants to contact you. This can devastate families wishing to stay together and work out differences. If you are found to violate the protective order, you can face probation violation as well as new charges under California Penal Code 273.6 PC.
If you were convicted of a misdemeanor-level domestic violence crime, such as domestic battery codified in Penal Code Section 243(e)(1) PC, you could be placed on probation for a specified period.
Probation might be supervised, meaning you'll have regular meetings with a probation officer, or unsupervised, which means you won't have a probation officer but will still need to follow the terms of probation. In either case, probation will typically require you to commit no new crimes and follow several terms and conditions of probation.
Notably, sometimes, you might have to serve some time in jail as a condition of probation. The court will typically require you to complete anger management or domestic violence counseling. If you miss some sessions or fail to complete the classes in the time specified, it might result in a probation violation.
The judge might also require you to complete community service hours as a condition of probation, pay extensive court fines, and restitution to the victim for any damages.
DV Sentencing - Quick Facts
- Domestic violence is one of the most commonly reported crimes in Los Angeles County.
- A domestic violence conviction carries specific penalties, including potential jail time and fines, but also has many collateral consequences that could affect you for life.
- DV misdemeanors typically carry up to one year in county jail and a fine.
- DV felony convictions carry more extensive penalties.
- The judge will issue a protective order prohibiting you from contacting the victim, but they could modify the order for peaceful contact.
- You will be ordered not to annoy, molest, strike, or harass your spouse.
What Are the Domestic Violence Terms of Probation?
If convicted of a domestic violence-related incident, there are terms and conditions of probation codified in Penal Code 1203.97 PC. You will be required to:
- Serve some jail time as a condition of probation.
- Complete anger management or domestic violence counseling.
- Complete a 52-week batterers' intervention program (BIP), which requires attendance of a two-hour class once per week and must be completed within 18 months. The primary goal of this program is to help you gain a better understanding of the issues causing your domestic violence incident and to prevent abuse in the future.
- Pay fees for the BIP program based on your ability to pay.
- Complete a certain amount of hours in community service.
- Pay court fines and victim restitution for any damages.
What is the DV Sentencing?
- Suppose you are convicted of a misdemeanor domestic battery under California Penal Code 243(e)(1). In that case, you will usually be on supervised or unsupervised probation for some time. You might also receive up to one year in county jail and a fine of up to $6,000.
- Suppose you are convicted of a felony corporal injury to a spouse under California Penal Code 273.5 PC or criminal threats under Penal Code 422 PC. In that case, you could face two, three, or four years in county jail or up to six years in a state prison.
- California Penal Code 273d PC defines child abuse as willfully inflicting on a child cruel corporal punishment or an injury resulting in a traumatic condition. The offense can be charged as a misdemeanor or a felony and is punishable by up to 6 years in jail or prison.
- Penal Code 273(a) PC defines child endangerment as intentionally placing a child under 18 in a situation that threatens their health and safety. This includes exposing the child to unjustifiable pain, suffering, or danger. A misdemeanor carries up to 1 year in jail and a fine of up to $1,000. A felony carries 2, 4, or 6 years in prison and a fine of up to $10,000.
- Penal Code 368 PC defines elder abuse as the physical or emotional abuse, neglect, or financial exploitation of a victim 65 years of age or older. This crime can be filed as a misdemeanor or a felony and is punishable by up to 4 years of jail or prison.
- Penal Code 136.1 PC makes it a crime to dissuade, intimidate, or tamper with a witness to a crime. This means attempting to prevent a witness or victim from reporting or testifying about a crime or cooperating with police or prosecutors. A felony witness intimidation carries up to 4 years in state prison and a fine of up to $10,000.
- Penalties will increase if you are convicted of a domestic violence charge within seven years of a prior conviction.
What are the Collateral Consequences?
In addition to all the penalties discussed above that can be imposed by a Los Angeles criminal court judge, many collateral consequences are directly connected to a domestic violence conviction, such as the following:
- You will lose your right to own or possess a firearm.
- You could lose your custodial or visitation rights with your children.
- Place your professional license in jeopardy of suspension or revocation.
- A conviction might appear on background checks by potential employers.
- If you are an undocumented immigrant, domestic violence is considered a crime involving moral turpitude, meaning you could be deported or excluded from admission to the United States or denied naturalization.
Suppose you or a family member has been accused of domestic violence. In that case, reviewing your case with a California criminal defense lawyer with experience dealing with all types of domestic violence allegations in the local courts is crucial.
We are skilled courtroom negotiators and might be able to get your domestic violence charges reduced or dismissed. The Hedding Law firm is based in Los Angeles, CA.
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