Domestic Violence Sentencing in Los Angeles
This is one of the biggest things on people's minds when they have a domestic violence case pending against them — what is ultimately going to be their sentence. In other words, what will be the ramifications of what happened? How is it going to impact their life now and into the future?
I can give you an idea of some of the punishments and ramifications that come along with a domestic violence case. Of course, all domestic violence cases are not treated equally, and there's a whole bunch of factors that determine what a punishment will be for a particular person.
For example, the person's criminal record, how bad the injuries were, whether it's a felony or a misdemeanor, and the prosecutors and the judge's perception of what you did and how they think it needs to be dealt with punishment-wise.
Custody Time for Domestic Violence Conviction
Some of the punishments you're looking at, probably the worst, would be custody time. If it's a misdemeanor, you typically look at county jail time.
In Los Angeles County, for example, that's some serious time because the county jail is overcrowded. I don't think they consider whether they will mix you with somebody in there for a serious crime. Everybody has just been there together.
They don't typically segregate somebody because they have a domestic violence case in the county jail. So, you will be in there with people who have committed very serious crimes. So, that punishment is one of the most concerning ones for most people.
If you're convicted of a felony and there's great bodily injury, for example, you're looking at spending time in prison. So, jail time is a real concern. One problem regarding jail time is that people in LA County usually spend a fraction of the time in jail because of the overcrowding.
But for domestic violence cases, in my experience, the sheriffs will typically hold those people in custody longer than the rest of the population in county jail. So that's another concern that most people have.
Probation & 52-Week Domestic Violence Class
You're typically also going to be put on probation. If you get convicted, it will be summary probation or a misdemeanor, and it would be felony probation, where you have a probation officer, pay money to the county to watch you, and have travel restrictions and responsibilities to that probation officer.
If it was a felony probation, usually probation could be anywhere from three years to five years in a domestic violence case.
In addition to probation and in addition to possible jail time, you're also going to be ordered to complete a 52-week domestic violence course. This means once a week for a year, you've got to go to a course that's supposed to educate you about anger management issues and domestic violence issues.
Along with a whole host of other things, it really is aimed at trying to educate people, not necessarily trying to punish them, but it's time-consuming. It costs money and a lot of time, and people need help fitting it into their schedules.
They end up getting in trouble because the criminal courts are going to send progress reports, and they're going to bring you back every month, two months, three months, six months and check to make sure that one of the things you're doing in addition to not getting in any more trouble.
Also, not having any issues with the alleged victim in the case, but also doing your domestic violence course, and if you don't — if you blow it off and if you don't do it, you're going to end up getting thrown in jail for some time to punish you for that. Then they still may order you to do it.
So, that's a significant punishment from judges' standpoints in domestic violence cases.
Community Service & Anger Management Classes
There are a whole host of other punishments that you can get, ranging from community service to Cal Trans, those people you see on the freeway in the orange jumpsuits, angry management classes, and AA meetings if alcohol was involved in your case.
It's going to depend on how good your attorney is in negotiating for you and also what you did in the case, what your criminal record looks like, and what the prosecutors and judges perceive needs to be done to protect society, the alleged victim and to punish you for what happened.
Protective Order
The last important thing you need to be aware of when it comes to punishment is that a protective order will be put in place. That is a form of punishment because you're going to be ordered to completely stay away from the person that you supposedly battered for the probationary period.
Sometimes, they even make it for ten years, or if you are still with that person and you still want to be with that person, that person still wants to be with you.
There could be a Level 1 protective order imposed against you where you're still allowed to see the person, but you have to have peaceful contact with the person, and sometimes that's a battle to get that Level 1 protective order.
The prosecutors and judge don't want to give it. They want to keep the parties separate. They want to protect the other party so often that the other party has to come into court and ask the judge to lift the full stay-away order related to the protective order. Sometimes, the judge will do it, and sometimes, they won't.
Sometimes, the judge will do it, and sometimes, they won't. Sometimes, judges want the person to do half of the domestic violence classes before they even consider lifting the full protective order.
Violating a protective order will result in additional penalties. This is something you need to discuss with your attorney and figure out your best course of action related to punishments in domestic violence cases.
