Fresno Criminal Defense Attorney | Fresno DUI Attorney Serving all of California

        Avvo
Call for a free case evaluation.
559.441.1418

Contact Us

Send us a quick email

Please type your full name.
Invalid email address.
Invalid Input
Invalid Input
Enter Code
Invalid Input

If you or a loved one has been accused of a domestic violence crime as either a Felony or a Misdemeanor you need to get legal help as quickly as possible, because the ramifications of a domestic violence conviction can have large ramifications on your life.  

 

As a former Miltary Policemen Desert Storm Veteran, Juvenile Corrections Officer and Probation Officer, and Deputy District Attorney, and Adjunct Criminology Instructor I have the knowlege to help you with your case.  Below I will be going through the Penalties for Domestic Violence convictions as both a Felony or a Misdemeanor.  If after reading this article you have any questions do not hesitate to call us at 559 441-1418.

 

MISDEMEANOR DOMESTIC VIOLENCE 273.5 

First lets look at Misdemeanor domestic violence and the elements and then the penalties I will not be going through the defenses at this time and they have been outlined in earlier blog post.  

ELEMENTS OF MISDEMEANOR DOMESTIC VIOLENCE 273.5

1. Defendant willfully inflicted corporael injury on victim. 

2. Victim was either 

Defendants spouse or former spouse 

Person with whom he or she is cohabitating with 

fiance or or someone with whom the offender has or previously had, an an engagement with or dating relationship.  

the mother of or father of his or her child

corpereal injury resulted in a traumatic condition. 

PENALITES IF THE PROSECUTION PROVES THE CASE, YOU TAKE A PLEA AGREEMENT AND ARE CONVICTED

FIREARM PRECLUSION

Any person convicted of a misdemeanor violation of Penal Code Section 273.5  and who whithin 10 years of the conviction, owns or has in his or her possession or under his or her control a any firearm is guilty of a public offense.  (PC 29805) 

In short under state law you cannot own or possess a firearm for 10 years after your conviction for Misdemeanor Domestic Violence.  

FEDERAL LAW

Federal Law is much mor complicated as to possesion of a firearm.  With passage of new laws and the domestic violence protection act under federal law, it can be difficult if not impossible to purchase or have a firearm under federal law.  And you could be prosecuted possibly under federal law even after the 10 years has expired.  You should defintely seek legal counsel before attempting to buy a firearm and there is also a way of contact the state DOJ to determine you eligibility to own or possess a fierearm. 

JAIL TIME

Under the state statute if you are convicted of a Misdeemanor you can spend up to 364 days in jail.  Although many times you can spend much lees than 364 days and you could even be allowed to do Alternative Work Program Time which is time picking up trash and such.

52 WEEK BATTERER TREATMENT PROGRAM

You will be ordered to complete the 52 week batterer treatment program regardless of wether you were convicted of a Felony or a Misdemeanor.   

FELONY DOMESTIC VIOLENCE 273.5 

ELEMENTS

The elements are basically the same as the Misdemeanor outlined above the only difference is the punishments for a Felony Conviction are much more severe as far as the length of time you could spend in jail. 

JAIL TIME

For a Felony conviction of 273.5 you could be ordered to spend time in prison.  In addition you would have to go to state prison as the local commitments under ab 109 are not available for this offense.  

PROBATION

 You could depending on all surrounding circumstances be ordered to complete probation usually with some form of local jail time. There is a presumption for eligibility for first time felons on the first two felonies and a presumption against probation on the third.  

WHAT IF THERE IS PRISON ORDERED?

The sentencing range is 2, 3 or 4 years.  That is if you are ordered to prison.

As a convicted Felon you will be probibited from owning or possessing a firearm.  In addition, the Federal Law explained aboce you will not be able to own a firearm or buy one under Federal law. 

52 WEEK BATTERER TREATMENT CLASS

 you will be ordered to complete a 52 week batterer treatment class. 

If you have any questions give us a call at 559441-1418.

 

 

Schwab photo

Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

Schedule a Free
Case Evaluation

Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
View Map
Phone: 559.441.1418 
Website: