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If you have been arrested for domestic violence you should contact an Attorney right away to protect your rights.  As a former probation officer, deputy district Attorney and an Attorney for more than 14 years I can help you get through this.  

Below I will discuss the elements of the offense of Misdemeanor domestic violence and then the maximum you could recieve for a conviction and some of the consequences and maximum sentence for misdemeanor domestic violence.  

ELEMENTS

1. Defendant committed battery upon Victim. 

2. At the time of the battery, Victim was defendant's spouse or fiance, or an individual with whom defendant currently has, or has previously had, a dating relationship.

243 E 1

MAXIMUM PERIOD OF CONFINEMENT

The maximum period of confinement for this offfense is 364 days. in the county jail, you cannot be sentenced to state prison for a misdemeanor. 

Now that just means the maximum the Judge does not have to and usually does not impose jail time for a first offense.  Yould be given alternative work program time, which depending on the offense, the injuries, and prior record could be as little as 10 days.  This means you will have to pick up trash under the direction of the local sheriff and have some other consequences. 

WILL MY GUN RIGHTS BE AFFECTED?

Yes you cannot own or posses a handgun for a period of 10 years.  The statute in Penal Code section 243 e States in part. 

Any person who has been convicted of Section 243 e and who within 10 years of the conviction, owns, or has in his possession, or under his or her possession a firearm is guilty of a public offense. 

Therefore, by being found guilty or pleading guilty to this offense there will be consequences to your driving privilege, and you will be unable to have or possess a gun for a period of ten years.  

COULD THERE BE A RESTRAINING ORDER?

Yes there may also be a restraining order in effect which you must abide by or you can be charged with a new and different offense because of the violation of the terms of that restraining order.  

WILL I HAVE TO DO A 52 WEEK BATTERER TREATMENT PROGRAM?

Yes when you are either convicted or plead guilty you will be required to complete a 52 weeek batterer treatment program.  Sometimes after you have completed a certain number of classes the Judge can modify some of the restrictions on your restraining order making it easier for child custody drop offs and so forth. 

Usually you will be ordered by the court to appear for reviews of your case.  At these reviews the court will evaluate your progress to see how you are doing since your conviction. Have you been going to your classes, have you abided by the terms of the restraining order, have you attended and completed your court ordered alternative work program hours.  If you have not done these things the court could order you to be taken into custody to serve out your sentence in the county jail.  up the the maximum of 364 days.  If you have been in compliance than the court could lessen some of the restrictions that you have regarding restraining orders, and so forth.  The court cannot order your guns returned you must turn over to a third party that properly fills out the paperwork or to a licensed gund dealer,  I would suggest a licensed gun dealer that knows the law and how to handle some of the complexities of the gun laws.  

If you have questions you could give us a call at 559 441-1418, and we can help you through this. And give you the representation you need. 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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