Frequently Asked Questions
What is Domestic Violence?
In California, domestic violence is an umbrella term used to describe a wide-range of specific crimes. Most of California’s domestic violence crimes cover the assault, battery or criminal threat made against a fiancé, spouse, cohabitant, boyfriend/girlfriend or parent of your child.
What crimes fall under the domestic violence heading?
- Corporal injury to a spouse (Penal Code section 273.5)
- Corporal injury to a cohabitant (Penal Code section 273.5)
- Domestic battery (Penal Code section 243(e)(1)
- Child Abuse (Penal Code section 273d)
- Child endangerment (Penal Code section 273a)
- Elder abuse (Penal Code section 368)
- Criminal threats (Penal Code 422)
Are domestic violence crimes more serious than a battery charge?
Yes. California has some of the country’s most strict domestic violence laws. In fact, most district attorneys will have a unit dedicated to prosecuting these types of cases.
What if the alleged victim doesn’t press charges?
Even when the alleged victim decides not to press charges or recants their allegation, you may still find yourself facing a domestic violence charge. This is because California law gives the district attorney great leeway in determining when to press charges, meaning they can pursue jail time – even on first-offense cases.
What is the punishment for a Los Angeles domestic violence conviction?
The sentencing for a domestic violence conviction depends on the crime. If you are convicted of a misdemeanor, you could face up to one year in a county jail, along with various fines and requirements to complete a domestic batterer class. For a felony charge, you could face up to six years served in a state prison.
Many domestic violence crimes fall under California’s wobbler law, meaning that the prosecution has the ability to decide whether to pursue a misdemeanor or a felony conviction. This decision will come down to the individual circumstances of your case and your criminal history. On top of all this, a California domestic violence conviction will likely count as a strike under California’s three strikes law.
Will a domestic violence conviction become part of my permanent record?
Any conviction for a domestic violence crime in California will become part of your personal record. This means that whenever you apply for a job, for a loan or for a college loan, your conviction will be flagged.
Will a domestic violence conviction effect my immigration status?
A California domestic violence conviction could have serious effects on your immigration status. Since most domestic violence crimes fall under the banner of "crimes of moral turpitude" a conviction will be a cause for deportation.
I have been charged with an act California domestic violence, what should I do?
The first thing you should do following being charged with an act of domestic violence is to call an experienced Los Angeles criminal defense attorney. Talking with a criminal defense attorney experienced in the area of domestic violence will allow you to get a clear picture of the California criminal process and what your best defense options are.
Practicing exclusively in criminal defense, the Law Offices of Jonathan I. Kelman is well positioned to defend you against your California domestic violence charge. Remember, when your future is on the line, conatct us today at the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.