Penalties For A Domestic Violence Conviction In Los Angeles
There is a whole host of potential penalties that can be exacted against someone who is convicted of a domestic violence case in Los Angeles. First, they're usually going to make them do a 52-week domestic violence course.
They will have to attend that course once a week, and it is designed not only to educate them about the consequences of domestic violence within their family but also to provide them with tools to manage their emotions and behavior.
In Los Angeles County, a fine of approximately $400 is typically assessed. The person can also be required to perform community service and, depending on the significance of the activity, be put on probation for three to five years.
Depending on how bad the domestic violence is and whether or not there are any prior domestic violence charges, they could file the case as a felony.
Domestic violence is a wobbler, a legal term that means it could be filed as a felony or as a misdemeanor. If the case is filed as a felony, the person can look at up to three years in prison, depending on how bad the injury is and what their criminal record looks like.
Does An Alleged Victim Have To Be Injured?
The person doesn't have to be injured for domestic violence charges to be brought. Most of the time, someone is injured in some way, but a threat to kill someone without touching them is still considered domestic violence.
For example, someone could hold a knife and say, “I'm going to kill you; I'm done with you,” and that would be a domestic violence scenario. Someone could throw something at someone in a violent manner, snatch something out of someone's hand, or push someone and cause no injury but still be charged with domestic violence.
If there is no injury, then it will be more challenging to prove that the person committed a domestic battery.
If a victim recants allegations of domestic abuse, the case will still be prosecuted if there is enough evidence against the defendant. It is common for victims to recant their allegations. This has happened in at least 70 percent of the cases I've seen over the last 25 years.
Once the victim changes their testimony, the police will challenge that testimony. This underscores the importance of evidence in domestic violence cases, which can include body-cam video footage, tape recordings, and witnesses.
