Sentencing and Collateral Consequences: Domestic Violence Series Part 5
Sentencing and Probation
If you face domestic violence charges, your sentence will depend on a number of factors including the particular crime committed, if any aggravating or mitigating circumstances exist and whether this is your first or subsequent offense.
Statutory Sentence
Misdemeanor crimes are punishable by up to a year in jail or a fine, or both. Felonies on the other hand carry a lower, middle and upper term sentence. For instance, felony Penal Code Section 273.5 is punishable by imprisonment in a state prison for 2, 3 or 4 years. Under the sentencing laws in California, the court must impose the middle term unless there are circumstances in aggravation or mitigation apply. Aggravating circumstances include: the use of a weapon, a vulnerable victim, a defendant’s prior convictions, or when the victim suffers great bodily injury. Drug or alcohol dependency is often argued as a mitigating circumstance. The amount of jail time you face (if any at all) varies depending on the facts and circumstances of each case. I am available to discuss your case and give you an honest and educated assessment of the sentence you potentially face if you are charged with a domestic dispute.
Probation
Judges in domestic violence cases routinely grant probation. There a number of mandatory terms that the court must impose when granting probation in domestic violence cases including:
- Minimum 36 months probation;
- Completion of court-ordered 52 week batterer’s treatment program;
- Criminal protective order and stay away order (if appropriate);
- Fine of at least $400 upon finding of ability to pay;
- Community service (usually 20 hours in Placer County);
- Batterer’s counseling beyond one year when recommended by the program;
- Jail time if restraining order violation resulted in physical injury, if the violation was a second or later conviction for domestic violence, or if a firearm was used;
- Restitution to the victim when appropriate.
For a complete and detailed list of mandatory terms, see Penal Code Section 1203.097.
52 Week Batterer’s Program
The court-ordered batterer’s program is a weekly counseling program designed to counsel and treat people convicted of domestic violence offenses. The price of the program varies, but they generally cost $40 per session. The total cost of all 52 session at that price would be $2,080. You can miss a total of 3 sessions per year before you will be removed from the program. Failure to complete the program within a year is a probation violation, so don’t let it happen.
Firearm Implications
Under Federal and California law, you cannot own or possess any firearm or ammunition if you are convicted of a felony. Additionally, you cannot own or posses any firearm or ammunition for 10 years after being convicted of the following Penal Code offenses: 136.1, 136.5, 140, 240, 242, 245, 246.3, 273.5, 273.6, 417, 417.6, 422, 646.9, and 12072(g)(3).
I have handled hundreds of domestic violence cases in my 23 years as a defense attorney. I would be happy to put my experience to use protecting your rights.
~Dan Koukol, Placer County Criminal Defense Attorney
Tags: 243, 273.5, criminal, domestic, federal, Felony, probation, sentencing, violence