Trial vs Plea Bargain in a Domestic Violence Case
This is always one of the biggest questions on my client's minds when they're charged with a domestic violence case in Los Angeles County. They want to know if they should take the case to trial or whether or not they should try to enter into some negotiated plea or deal with the prosecutors.
This is not always an easy decision because, if they enter into a deal, there are going to be certain ramifications that flow from that deal — certain consequences. And if they don't enter into an agreement and they fight the case at trial, then there can also be certain consequences that flow from that as well.
Sometimes, clients get confused and say, I don't want to go to trial, but I'm also innocent. That's usually going to be a problem in a domestic violence case if the prosecutors have decided to file the case.
Because if the case is filed, the prosecutors usually believe they have a good case. Domestic violence is a very political crime. So, if they think they have evidence that a person committed a crime, they will not just get rid of the case. They're going to pursue it.
If you think you're innocent, you will need to take the case to trial. Still, if they've got evidence that you battered your significant other or committed a domestic violence-related offense, you're going to get convicted. You will end up with a much worse penalty than if you had just worked out some deal with the prosecutors.
The most common charges are domestic battery under California Penal Code 243(e)(1) and corporal injury to a spouse under California Penal Code 273.5.
Reviewing Domestic Violence Strategy with Criminal Lawyer
So, making this decision and trying to figure this out is obviously very important and it's not always the easiest decision for a person to make. A lot of times your best move is to sit down with a criminal defense attorney who is familiar with domestic violence-related offenses and can help you make the decision of whether or not you take a deal or take the case to trial.
If you decide that it's in your best interest to take a deal on the case, of course, the next question is, what type of deal do you take? What are the consequences?
Whether you're going to have to plead guilty or not contest? How is it going to impact you down the road? So, even when you decide it's probably best to take a deal, the work is not done. There's still a lot that goes into it.
Nobody wants to go to jail, so many people are concerned about that. Getting a felony versus a misdemeanor is another big concern in domestic violence cases.
If there's a protective order against you where you can't see your family, or you can't see your wife or significant other, it is another big concern for people. You're blocked from talking to them.
You need to sit down with a good, seasoned domestic violence defense attorney and give them your version of events. Let him look at the evidence in the case. Let him see what witnesses have said against you, including the other side.
See if there's a 9-1-1 tape or any bodycam evidence. Then, you can dig in to decide whether this is a situation where you need to take a deal or whether you should fight the case, hire the best attorney you can, and let them take the case to jury trial and try to get a not guilty verdict with a jury of your peers.
