Reduced Charges for Domestic Violence in Los Angeles Courts
In Los Angeles County courts, domestic violence (DV) and abuse allegations are considered serious crimes by the district attorney, who often aggressively pursue a conviction and harsh penalties.
Many people arrested for domestic violence are initially charged with Penal Code 273.5 PC corporal injury to a spouse, a wobbler that can be filed as either a misdemeanor or felony.
However, as the district attorney more closely reviews the case, they are sometimes willing to reduce charges as part of a plea negotiation, offering a potential path to a less severe outcome.
Accepting a reduced charge can be a strategic move for defendants, potentially helping them avoid a felony conviction and its inevitable collateral consequences.
There are numerous reasons why the DA might consider reducing domestic violence charges or even dismissing a case. Often, DV cases are difficult to prove at trial, or the relationship has been reconciled, and the victim asks them to drop the case.
It's important to note that the prosecutor is the sole party with the authority to dismiss a domestic violence case, not the victim. This means that even when the victim asks for the charges to be dropped, the prosecutor may still proceed with the charges.
However, when a victim decides not to testify, the DA might have difficulty proving their case beyond a reasonable doubt.
While the victim could be subpoenaed and forced to testify in court, the DA often considers a reduced charge if the victim is uncooperative. This gives the victim a significant role in the process.
The prosecutor might also consider reducing charges in cases where the facts are weak or the defendant appears to have a valid self-defense claim.
Many domestic violence defendants, however, need to accept a plea deal because the prosecutor has solid evidence against them. Even in these cases, there is still hope for a favorable outcome.
Reduced DV Charges - Quick Facts
- The standard domestic violence charges include domestic battery, corporal injury to a spouse, child abuse, elder abuse, and criminal threats.
- The most common domestic violence charge is California Penal Code 243(e)(1), domestic battery, a misdemeanor crime.
- California Penal Code 273.5 PC corporal injury to a spouse can be filed as a felony offense.
- The penalties depend on the level of injuries on a victim, prior criminal record, and whether children were present during the incident.
- When a case proceeds through the Los Angeles criminal court, the district attorney might be willing to agree on a reduced charge through plea negotiations with your criminal defense lawyer.
Why Would a Prosecutor Consider a Reduced Charge?
In certain domestic violence cases, a criminal defense lawyer might be able to employ a strategy to seek a lesser charge to keep a conviction off the defendant's record.
In less obvious cases, there are numerous reasons why a DA would consider reducing domestic violence charges or even dropping the case. Consider the following facts:
- Perhaps the DV case could be difficult to prove at a trial.
- The victim and defendant have reconciled their relationship.
- The victim has asked the prosecutor to drop the charges.
- The victim is uncooperative and unwilling to testify.
- The overall evidence is weak and insufficient to convict.
- The defendant might have a valid self-defense argument.
As noted, the victim can't drop the case, and the prosecutor has the final authority to decide whether to pursue charges.
Still, a prosecutor might have a hard time proving a domestic violence case in a situation where the victim doesn't want to testify at trial.
What Are Some Reduced Charges?
In Los Angeles, the district attorney's office might consider several reduced charges during domestic violence plea negotiations, each carrying lesser penalties, such as the following:
- California Penal Code 415 PC disturbing the peace often refers to loud noises in public and is a misdemeanor crime.
- California Penal Code 602 PC trespassing often refers to entering another person's property without consent and is also a misdemeanor.
- California Penal Code 242 PC simple battery often refers to harmful or offensive touching, such as pushing somebody.
With these lesser charges, explaining to a potential employer or anyone conducting a background check would be much easier. Also, crucially, there is no connection to domestic violence, which carries a harsh stigma.
However, these reduced charges are not always easy to obtain. You will need mitigating factors on your side, such as a first-offense domestic violence case or there were no injuries to the victim.
Sometimes, domestic battery under California Penal Code 243(e)(1) can be used as a reduced charge to Penal Code 273.5 PC corporal injury when there are no visible injuries.
What are the Collateral Consequences?
A conviction for a crime of violence, such as PC 273.5 corporal injury to a spouse, will often carry collateral consequences, such as the following:
- If convicted of a domestic violence-related conviction, a defendant who possesses a professional license or is applying for one could face disciplinary action. For example, their license could be suspended or even revoked.
- A DV conviction is considered a crime of moral turpitude, meaning an undocumented immigrant might face deportation, be excluded from admission, or be denied naturalization to become a United States citizen.
Even if a domestic violence charge is reduced to a lesser offense, specific mandatory sentencing provisions are described under California Penal Code 1203.097 PC.
This includes a minimum of 36 months of probation, issuing a protective order, the mandatory completion of a 52-week batterer's program, and a $500 fine, among other conditions.
Under this law, a conviction involving a victim who is a former or current spouse, cohabitant, boyfriend or girlfriend, co-parent, child, or other relative would be subject to certain sentencing requirements.
Los Angeles Domestic Violence Lawyer
Notably, even though there are many lesser charges related to domestic violence, the main issue is whether the prosecutor is willing to consider it.
This is why you need a domestic violence attorney who knows how to negotiate and convince the prosecutor to reduce the charges. Having a skilled lawyer by your side can provide reassurance in these challenging situations.
You will need a lawyer to fight aggressively for the best possible outcome. It would be best to work with your lawyer to prepare a mitigation package with character letters and information about your work and history.
We will need to sway a prosecutor to give you something less than a severe domestic violence charge.
Even if you get disturbing the peace as a lesser charge, you would probably still have to complete the 52-week domestic violence course and will be placed on probation.
If you have been arrested for a domestic violence offense, call our Los Angeles domestic violence lawyers to review the details and options for a reduced charge. The Hedding Law Firm has offices in Los Angeles, CA.
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