Domestic Violence Penalties

Domestic Violence Penalties

One of the chief concerns shared by those who have been arrested for domestic violence is what potential penalties they are facing. Domestic violence cases include many different offenses ranging from serious felonies to misdemeanors. However, California law has set specific requirements for anyone who has been convicted of a domestic violence offense and there are numerous collateral consequences that the defendant should be aware of.

Domestic Violence and California Penal Code Section 1203.097 PC

California Penal Code Section 1203.097 PC establishes certain sentencing requirements whenever a defendant is placed on probation for a domestic violence offense. A domestic violence offense is defined as any crime in which the victim falls into one of the categories listed in California Family Code Section 6211 FC. This includes a spouse or former spouse, a cohabitant or former cohabitant, a person with whom the defendant has a previous or current dating relationship, a person with whom the defendant shares a child, a child of the defendant or “any other person related by consanguinity or affinity within the second degree.”

Under California Penal Code Section 1203.097 PC, certain requirements of probation must be imposed on those who are convicted of a domestic violence offense. This applies regardless of whether the offense involved physical contact, such as corporal injury to a spouse in violation of California Penal Code Section 273.5 PC and spousal battery pursuant to California Penal Code Section 243(e) PC, or is a reduced charge such as disturbing the peace pursuant to California Penal Code Section 415 PC or vandalism in violation of California Penal Code Section 594 PC.

California Penal Code Section 1203.097 PC requires that the Court impose a protective order that prohibits contact with the named victim. This can be limited to a “Level One” protective order that allows peaceful contact. The defendant would also be required to complete a batterers’ counselling program, pay a minimum $500 fine and complete an appropriate amount of community service. In addition, a defendant can be required to complete community labor or even jail as a condition of probation. Defendants who are not placed on probation can be sentenced to serve up to a year in jail on a misdemeanor and up to three years in prison for a felony-level offense.

Collateral Consequences of a Domestic Violence Offense

Those who are convicted of a domestic violence offense will be subject to many collateral consequences that can have a devastating effect on their life. Most domestic violence offenses are considered crimes of moral turpitude and a non-U.S. citizen who is convicted can be subject to deportation, exclusion from admission or denial of naturalization.

In addition, a person who is convicted of a domestic violence offense will lose their ability to own or possess firearms for a specified period of time. For misdemeanor defendants, their gun rights would be suspended for ten years. However, United States Federal law supersedes California law and Federal law requires a lifetime firearm suspension for any defendant convicted of a domestic violence offense or who is the subject of a domestic violence restraining order. This means that a California misdemeanor conviction for domestic violence would result in a permanent firearm restriction under Federal law.

Domestic violence convictions can preclude individuals from certain jobs and can result in a license suspension or revocation for those who are required to carry a professional license.

If you or a loved one have been arrested for or charged with domestic violence, it is critical that you discuss your case with an experienced criminal defense attorney right away. Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who understands the potential penalties and works hard to ensure his clients receive the best defense possible.

For more information about domestic violence penalties, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan Thomas
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel Lepervanche
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.