Let's delve into the potential for seeking lesser charges related to domestic violence. I've noticed that many criminal defendants when confronted with a California domestic violence case and the possibility of a plea deal due to strong evidence from the prosecutors, are in search of the best possible outcome. The prospect of lesser charges can bring a sense of relief and hope in such a challenging situation.

For example, they admitted everything when the police came to their own; their spouse or significant other has said many bad things about them. There are photographs of the injury and independent witnesses who saw what happened — that's a difficult situation for the defendant.

Now, that person will likely have to negotiate a deal in the case. So, what they're trying to determine is whether there is a lesser included charge they might be able to plead to, thereby avoiding a Penal Code 273.5 PC domestic violence conviction on their record. This potential for a positive outcome can be a source of optimism in an otherwise difficult situation.

Fewer charges relate to domestic violence.  There's a whole host of them.  The issue is whether or not the prosecutors are willing to consider these lesser-included offenses in your case.

Again, depending on how skilled and experienced your attorney is in convincing the prosecutors, what mitigating factors you might have related to your domestic violence case, and what problems the prosecutors might have in proving the case against you.  These are all factors that your attorney will consider and use to negotiate a potential lesser charge on your behalf.

Examples of lesser included charges are simply battery – Penal Code Section 242.  A simple battery is what they call harmful or offensive touching.  So, you could push somebody, shove them, snatch something out of their hands — there's a whole host of different things that can happen when it comes to these simple battery cases.

But obviously, these simple battery cases are much better than having a stigma of a domestic violence conviction on your record when an employer looks at it, or somebody checks your record.  You'd rather have a simple battery that can be more easily explained than to be in a position where you're trying to explain a domestic violence-related charge.

Disturbing the Peace or Trespassing

Another example of a lesser included offense would be disturbing the peace or even trespassing—these two charges are much less severe than domestic violence or spousal abuse charges. Disturbing the peace is just making a bunch of noise.

You can much more easily explain that to a potential employer or somebody looking at your background.  A trespass is someone going on somebody's property where you're not supposed to be.  There would be no stigma of domestic violence related to that particular charge.

So, these are two great lesser included charges.  They're not always easy to get.  You'll need a lot of sound mitigation in your favor like it's your first offense; nobody was hurt. In the case, the prosecutors might have some problems with the case, and then your attorney might have a chance of getting these lesser included offenses of trespassing or disturbing the peace.

Domestic Battery

Another slightly less serious charge would be Penal Code Section 243(e)(1), a domestic violence-related offense. Still, it doesn't have anything to do with any visible injuries, so it's slightly less than a 273.5, where there has to be a visible injury.

Sometimes prosecutors are much more likely to charge this when it comes to a boyfriend/girlfriend situation or girlfriend/girlfriend or boyfriend/boyfriend than if the people are married.  So, this would be a better charge.  It would be a lesser-included offense.  It would be something that somebody would be happier with than a domestic violence 273.5 control – corporal injury to a spouse.

So, to get these lesser charges, your attorney will have to fight for you. You will have to obtain a mitigation package with character letters and information about your work and history.

Stuff that makes you look like a good community member to sway the prosecutor to give you something less than one of those more severe offenses.  But as I've indicated in other articles and even in my book, even though you get this lesser charge — if your attorney can work it out for you — you still have some of the ramifications that flow from a domestic violence case.

For example, even if you got disturbing the peace as a lesser charge, you would likely still have to do a 52-week domestic violence course.  That's what the prosecutors usually want.  You'd probably also lose your ability to own, use, or possess a gun or weapon for ten years and ammunition.

Even if your attorney can negotiate a lesser charge, there are still specific requirements that the legislature has imposed on people who are initially arrested for a domestic violence-related offense. These include mandatory participation in a 52-week domestic violence course, loss of the ability to own, use, or possess a gun or weapon for ten years and ammunition, and likely probation. These are consequences that cannot be avoided even if you do get a lesser charge.

This is a crucial point that you should discuss with your attorney.  A domestic violence charge is a serious matter with serious implications. However, by maintaining open communication and actively participating in your defense, you can feel more empowered and in control of your situation. Remember, your attorney is your best resource in navigating the complexities of the legal system and understanding your options.