Consequences of a Domestic Violence conviction
Possible county jail or prison (if jail you will not be eligible for electronic monitoring or home arrest); Minimum of three years probation; $200 assessment fee; $5000.00 maximum fine; $200 restitution fine; $100 assessment to a women’s center; 52 week (2 hours a week) batterer’s class ($40 per class); 20 hours of community service; must not be in possession of any guns for 10 years under state law with a federal lifetime ban; be forced to pay for any victim restitution claimed by the victim for counseling, medical, physical damages, etc.; have a restraining order imposed on you to stay away from the victim for three years, even if the victim wants contact.
After the arrest, the arresting agency will forward the police reports to the District Attorney who reviews them to determine if there is enough evidence to charge the alleged offense. If they believe there is they can charge misdemeanor or felony charges not withstanding what the officer charged. Misdemeanor charges can mean up to one year in jail and felony charges can mean state prison. What the officer does not do is take the time to determine who the victim is, who you are and what the circumstances were surrounding the alleged abuse.
If you retain us prior to the arraignment (1st court date), we attack allegations of domestic violence by contacting the District Attorney’s office before the arraignment and explaining who you are and what the circumstance are so they have all the facts before deciding to file or possibly being convinced not to file. If the District Attorney decides to file against you we then go to work evaluating your case by reviewing and analyzing the evidence against you to determine the course of action which will assist you in resolving your case by either dismissal, through negotiation or at trial. Protect yourself and contact an attorney immediately after your contact with law enforcement and do not speak any further about your case to anyone but an attorney.