What Are The Penalties For A Domestic Violence Conviction In California?
There is a whole host of potential penalties that can be exacted against someone who is convicted of a domestic violence case in LA. 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 meant to teach them about the ramifications of domestic violence in regards to their family, and about how to control their temper. There’s typically going to be a fine of approximately $400 in Los Angeles County. They can also make the person do community service, and may put the person on probation for three to five years depending on the significance of the activity.
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, which means it could be filed as a felony or as a misdemeanor. If the case is filed as a felony, the person can be looking at up to three years in prison, or more depending on how bad the injury is and what their criminal record looks like.
Does An Alleged Victim Have To Be Physically Injured For Domestic Violence Charges To Be Brought?
The person doesn’t have to be injured in order 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 difficult to prove that the person actually committed a domestic battery.
What Happens If An Alleged Victim Recants Allegations Of Domestic Violence?
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. In fact, it has happened in at least 70 percent of the cases that I’ve seen over the course of the last 25 years. Once the victim changes their testimony, the police will challenge that testimony. Body-cam video footage, tape recordings and witnesses can all be sources of evidence indicating that a domestic violence offense occurred.
For more information on Penalties For Domestic Violence, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 374-3952 today.
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