The penalties for a domestic violence conviction depend on the severity of what occurred and the defendant’s criminal record. On the low end of the scale, everyone is likely going to have to take a 52-week domestic violence course that would require them to take classes once per week for one year. In addition, almost everyone will be put on probation for three years. In LA County, there will also be a domestic violence fine. Beyond that, it is really going to depend on what happened.
In severe cases of domestic violence, the guilty party will face jail time. If it is filed as a misdemeanor, then they could serve up to a year in the county jail, and if it is filed as a felony, then they could serve up to six years in prison. Depending on the injuries, the jail sentence could be even longer.
If alcohol was involved in the incident, then the person will have to attend AA meetings and provide community service. Anger management courses can also be imposed by the judge. It really just depends on what happened and what the prosecutors feel will get the person in line so that they do not do anything else related to their spouse.
Does An Alleged Victim Need To Be Injured For Domestic Violence Charges To Be Brought?
I have seen cases in which domestic violence charges were brought by a person who had no injuries but claimed that they were struck by their partner. It is much more helpful if someone has visible injuries or can otherwise prove that their partner hit them in an unlawful manner, such as with video footage. In most cases, however, there is no video footage of acts of domestic violence. When a person claims to have been struck but has no injuries to show for it, the defense will use that to their advantage. The police will also have to make a judgement call as to whether or not they are actually going to make an arrest.
What Potential Defense Strategies May Be Used In Domestic Violence Cases?
There are many defenses that can be used in domestic violence cases, but they are primarily fact-specific. In other words, every fact and piece of evidence involved in the case will need to be considered before a specific defense can be formulated. Self-defense is absolutely a valid defense; if a person injures someone in the process of defending themselves from an attack, then that is not a crime. The key to self-defense, however, is that the person who was defending themselves must have used a reasonable amount of force. If someone goes too far in defending themselves, then they will be determined to be the aggressor who acted unreasonably under the circumstances, and they will be arrested, charged with domestic violence, and looking at a whole host of punishments.
For more information on Penalties For A Domestic Violence Conviction, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.