The prospect of spending time in jail for a domestic violence conviction is certainly not a very pleasant one. You may wonder if you will automatically be placed in jail if you are found guilty of a domestic violence offense. In this post we will look at the penalties that are imposed by California courts.
First, let’s look at domestic violence from an overview.
Domestic Violence By Definition
In order for the offense to be considered domestic violence, the alleged perpetrator must be acting against someone with whom he or she has a close personal relationship. This can be a a spouse, a domestic partner, or a dating partner. Acts of domestic violence can also take place between blood relatives, or relatives by marriage.
When it comes to the actual offense, clearly, taking physical action against someone with whom you share one of the above relationships can constitute an act of domestic violence. An act of domestic violence could also be perpetrated through a sexual assault.
You do not necessarily have to lay your hands on someone to be guilty of domestic violence. If you threaten or harass someone with whom you have a close relationship to the point where they are genuinely afraid, you could be crossing the line.
Severity of Offense
Any time that you are accused of a crime, the severity of the crime is going to have everything to do with the severity of the penalty. While domestic violence is certainly a serious matter, there are different levels, and they can vary dramatically.
There are misdemeanor domestic violence charges, and they are going to carry lesser penalties than felony charges. When it comes to jail time, a conviction for a first offense can result in a sentence of up to one year in the county jail. However, in many cases the court would impose a much lesser sentence if the accused does not have much of a criminal record.
A felony domestic violence conviction can result in more jail time, and the time may be state prison time rather than county jail time depending on the circumstances. The severity of the injuries that were suffered by the victim would be a factor, and the criminal record of the defendant would also come into play when a sentence was being handed down by the court.
Contact a San Diego Criminal Attorney
Without question, the penalties for domestic violence can be quite harsh. You should certainly consult with a licensed San Diego criminal lawyer if you are accused of domestic violence.
Our firm has helped countless people in our area, and we are here to help if you are accused of a crime. We can be reached by phone at (619) 232-5122.
- California Laws SB-30 and SB-145 to Allow Domestic Partnership and Alter Rules for Minors - September 29, 2020
- What Is a Reasonable Bond in California? - April 27, 2020
- What to Do If You Are Accused of Rape - March 6, 2020
