What is the Average Sentence for a Domestic Violence Conviction in California?
Being charged with domestic violence is very stressful. You are likely worried about your future and wondering what sentence you will have to serve if you are convicted. You may also wonder what the ‘average’ sentence is so you can use it as a guideline. There is no real average sentence for domestic violence convictions, as it depends on the facts of a specific case. Still, knowing how sentencing works is important for your own peace of mind and to build a strong defense strategy moving forward. Below, our San Diego domestic violence defense attorney explains in greater detail.
Penalties for Domestic Violence in California
Domestic violence is not a specific charge in California. Instead, it is an umbrella term that describes a number of offenses that have different penalties. Some of the most common types of domestic violence offenses are as follows:
- Domestic battery: Domestic battery is defined as inflicting force or violence on a romantic partner. Injury does not have to occur in order for these charges to apply. Domestic battery is classified as a misdemeanor and is punishable by up to one year in county jail and a maximum fine of $1,000.
- Corporal injury: Corporal injury refers to harm that causes a romantic partner to suffer injury. This offense is classified as a wobbler, meaning it can be charged as a misdemeanor or a felony. Misdemeanors are punishable by up to one year in county jail while a conviction for a felony will result in up to four years in a state prison.
- Criminal threats: This offense occurs when one person threatens someone else. Also a wobbler crime, the penalties are the same as those for corporal injury. A felony charge is also considered a strike under the Three Strikes law in California.
- Stalking: Stalking occurs when someone threatens or harasses someone else to the point where the victim is in fear of their own safety or that of their immediate family. Also a wobbler, a misdemeanor is punishable by up to one year in jail while a felony conviction can result in up to three years in prison.
Other Consequences of Domestic Violence Convictions
Beyond jail and prison sentences and high fines, there are other consequences for those convicted of domestic violence. These include:
- A possible lifetime ban on owning firearms
- Possible deportation for individuals who are not American citizens, or a denial of citizenship or re-entry into the country
- Possible loss of a professional license, or inability to find gainful employment
- Reduced or completely restricted visitation rights with your children
Call Our Domestic Violence Defense Attorney in San Diego for Help
The best way to obtain the most favorable outcome in your case is to work with our San Diego domestic violence defense attorney at Anthony Z. Vargas, Esq. Our seasoned attorney can answer your questions, make sure you are properly prepared, and provide the legal help you need throughout the entire process. Call us today at 858-285-4595 or fill out our online form to schedule a consultation and to get the sound advice you need.
Source:
selfhelp.courts.ca.gov/DV-restraining-order?rdeLocaleAttr=en
