Domestic violence crimes are treated very seriously and those who are convicted of these offenses can face long-lasting consequences in addition to any penalty imposed by the Court. Many people accused of domestic violence do not realize the extent of consequences they potentially face. It is critical that anyone who has been arrested on suspicion of domestic violence immediately contact an attorney experienced in this area of the law.
Court Penalties for Domestic ViolenceThere are a number of criminal offenses that may be considered domestic violence crimes. The most frequently charged domestic violence offenses include corporal injury to a spouse in violation of California Penal Code Section 273.5(a) PC and domestic battery pursuant to California Penal Code Section 243(e)(1) PC.
Corporal injury to a spouse is a “wobbler” offense that can be filed as either a felony or a misdemeanor. In determining what level of criminal charges to file, prosecutors will look at whether or not the victim suffered injuries and whether the defendant has a prior criminal record. Domestic battery is always a misdemeanor offense.
Defendants who are convicted of these offenses can face jail or prison sentences, a mandatory 52-week batterer’s treatment class, costly court fines, required community labor or community service hours and a protective order that would prevent the defendant from having contact with the named victim.
In addition to court penalties, there are various collateral consequences that can significantly affect the defendant’s life and livelihood.
Loss of Job or Employment OpportunitiesIn today’s work environment, employers regularly conduct criminal background checks on new hires and current employees. A conviction for domestic violence on one’s record can be toxic to employers. Many employers in fields such as childcare, healthcare and teaching will not consider a job applicant who was previously convicted of a domestic violence offense.
In addition, a conviction for domestic violence can cause difficulties for those who are required to maintain a professional license with the state, including attorneys, nurses, doctors, teachers and even real estate agents. Those who are convicted of domestic violence can face disciplinary action or even license revocation.
Issuance of a Protective OrderThose who are convicted of a domestic violence offense will usually be issued a protective or restraining order that would prohibit them from having contact with the victim. In addition, the victim can independently request a domestic violence restraining order that would be handled in a civil court. If the defendant is found to be in violation of the restraining order, he or she can be charged criminally with a new offense under California Penal Code Section 273.6 PC.
Those who are the target of a protective order would be prevented from owning or possessing firearms and must immediately relinquish any firearms in their possession. A domestic violence conviction prohibits the defendant from owning or possessing guns for a specific period of time.
Immigration ConsequencesA conviction for domestic violence can have negative effects for those who are not United States citizens and in some case may subject them to immediate deportation. Domestic violence crimes are considered crimes of moral turpitude and can lead to deportation, exclusion from admission and denial of naturalization for non-citizens.
If you or a loved one have been arrested for domestic violence, it is imperative that you meet with an attorney who focuses on these types of cases as soon as possible. Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly respected throughout the court system. Mr. Kraut begins fighting on behalf of clients on Day One and in many cases his early involvement in a case has resulted in charges being significantly reduced or even rejected outright.
For more information about domestic violence consequences, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.