L.A. Criminal Defense Lawyer reviews Penalties for Domestic Violence in Los Angeles, CA
If you have been charged with domestic violence, it is vitally important to contact a Domestic Violence Attorney as soon as possible. Domestic violence penalties can negatively affect your rights and reputation for the rest of your life.
Misdemeanor vs. Felony Domestic Violence Charges
In Los Angeles, domestic violence is considered a “wobbler” offense. This means prosecutors can choose whether to file misdemeanor or felony domestic violence charges. The decision often depends on the details and severity of the alleged crime, such as:
- Whether the victim sustained serious, debilitating, or fatal injuries.
- Whether a weapon was used during the crime.
- If the crime was committed against a child or dependent adult.
- If the alleged victim was a senior citizen.
- Whether the defendant was under the influence of drugs or alcohol.
- If a restraining order was violated during the incident.
- Whether the defendant violated probation or parole.
- If there is a prior criminal history involving violence or abuse.
Penalties for a Misdemeanor Domestic Violence Conviction
- Up to 3 years of probation.
- Up to 1 year in county jail.
- Fines up to ,000.
- Fines up to ,000 if the conviction occurred within 7 years of a previous offense.
- Restitution or up to ,000 donated to a battered women’s shelter.
- A restraining order prohibiting contact with the victim.
- A criminal protective (“No Contact”) order to prevent further abuse or threats.
- Community service.
- Mandatory counseling, often twice per week for one year.
Penalties for a Felony Domestic Violence Conviction
The penalties for a felony domestic violence conviction are similar to those for a misdemeanor, but significantly enhanced. For instance, instead of facing up to one year in county jail, a felony conviction may carry a sentence of 2, 3, 4, or even 5 years in state prison.