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If you have been arrested or charged with Misdemeanor domestic violence you need to get an experienced Attorney that has helped poeple in the local Fresno court system. 

As a Criminal Defense Attorney with more than 14 years of experience I can help you get through this difficult legal system.  There is a big difference in how you will be punished by the system if you take a plea deal or are convicted of domestic violence after a trial.

One of the biggest differences is the difference between Misdemeanor and Felony Domestic Violence.  

Domestic Violence under PC 273.5 is a wobbler offense.  Allowing the DA discretion to charge as either a Felony or a Misdemeanor.  This allows the court discretion to reduce a Felony to a Misdemeanor even over the objection of the prosecution usually after a preliminary hearing or probable cause hearing.  

Whether you are charged with a misdemeanor or a Felony will depend on the nature or seriousness of the truamatic condition and/or your criminal history.  

As a Misdemeanor or a Felony, you can be sentenced as follows:

First as a Misdemeanor 

Fine: up to 6, 000 usually much lower than this.  

Probation: Summary probation however, because it is domestic violence your probaiton will be supervised unlike many other misdemeanors.  Jail time.  although at least in Fresno many times depending of course on the particulars of your circumstances you will have in custody time. 

You will have a 52 week batterer treatment program you must complet

Community service will usually be ordered. 

And you are facing up to one year in jail if you do not abide by these terms.

and there will be a restraining order in affect for 10 years you will be served in court. Also, you can get this restraining order lifted if you are doing well.  The court will determine how well you are doing based upon your reviews which are set at 3 month increments.  If you are doing well then sometimes the restraining order can be lifted early.  

FELONY

Up to $6,000.00 fine

Formal probation officer with search and seizure terms and a prison sentence if you violate the terms of probation.

restraining order up to ten years the same things apply as to the 52 week batterer treatment program and the terms of the probation.  

there are enhancements that are applicable to Felony cases such as having a conviction within 7 years, or being armed at the time or causing great bodily injury.  

great bodily injury adds 3 years to your term and could result in felony and then an enhancement if you are convicted agains within a certain amoun of time.

If you have any further questions give us a call and we will continue with more blogs related to domestic violence. 

 

 

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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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Phone: (559) 295-0391
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