Consequences of a Domestic Violence Conviction in CA
October 25, 2022 | Ahmed & Sukaram, Attorneys at Law
If you’re facing criminal charges, understanding the outcomes of a conviction can help you determine the appropriate course of action in your case. For domestic violence charges, the consequences of a conviction vary greatly depending on the unique nature of the case, your criminal history, and other factors.
Domestic violence is a serious offense in California, and even a first-time conviction can result in repercussions that can follow you for years. On top of a criminal record, you face jail time, probation, expensive fines, loss of custody, and other administrative penalties.
If you were recently arrested for domestic violence, fighting the charges may be your best recourse to avoid a conviction. A dedicated domestic violence attorney can review the evidence in your case and develop a strong defense in your favor.
Domestic Violence Charges in California
Under the California penal code, misdemeanor domestic battery is defined as any abuse committed against an intimate partner, former spouse, cohabitant, or parent of your child.
Though domestic violence charges generally require physical contact, some cases may also consider verbal abuse, threatening comments, and harassment.
In California, domestic violence offenses are usually misdemeanors if they don’t result in bodily injury. Some examples of domestic violence under California penal codes include the following:
Under some circumstances, a domestic violence arrest can result in either a misdemeanor or felony charge, depending on the severity. A “corporal injury” charge is added whenever the domestic assault results in physical injury, whether minor or not.
Some examples of corporal injury include:
- Cuts and bruises
- Sprains and fractures
Felony domestic abuse largely involves serious bodily injuries, including:
- Injuries that require hospitalization
- Sexual assault
- Assault with a deadly weapon
- Bodily harm to a minor
If a situation escalates beyond minor physical contact or you have prior domestic violence convictions on your record, you can expect enhanced charges and consequences.
What Happens if I’m Convicted of Domestic Violence?
As with other criminal convictions in California, domestic violence can come with jail time and additional consequences.
Every case is unique, but even a first-time offender can expect the following:
- Mandatory jail time of up to one year
- Participation in domestic violence classes
- A restraining order against the victim
- Loss of custody rights for children
- A permanent criminal record
- Court fees and victim restitution
- Immigration consequences if you’re a non-citizen
- Loss of gun rights in California
Additional penalties may be imposed if you have prior convictions or there are other criminal elements involved in the arrest.
Any criminal conviction in California can also result in collateral consequences that can affect:
- Professional licensing
- Military Eligibility
- Spousal support
- Voting rights
Fighting your criminal charges can provide substantial relief when your future is on the line.
Defenses Against Domestic Violence Charges
A dedicated domestic violence lawyer can review the evidence in your case and determine the best strategy to fight the charges. During the pre-trial defense, a criminal lawyer may use a wide range of tactics to reduce or drop the charges.
Some common strategies include:
- A self-defense claim
- Suppression of evidence
- False accusation
- Wrongful or illegal arrest
- A motion to dismiss the case
In many cases, a defense attorney will look to negotiate with the prosecutor to resolve the matter without the need to fight in court. Other times, your attorney may suggest going to trial.
A domestic violence trial will involve many moving parts, including cross-examining witnesses and challenging the state’s evidence. During a trial, your attorney will work to prove your innocence beyond a reasonable doubt.
Contact Our Domestic Violence Law Firm of Ahmed & Sukaram, Attorneys at Law Today For Help.
Ahmed & Sukaram, Attorneys at Law – San Jose Office
1922 The Alameda #201, San Jose, CA 95126
Ahmed & Sukaram, Attorneys at Law – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063