California Domestic Violence Penalties

Posted on May 31, 2014 by Simon Aval

The California legal system considers domestic violence as a “wobbler” offense. This means that the prosecutor has the option of choosing whether to file misdemeanor domestic violence charges or felony domestic violence charges. Regardless of what type of domestic violence you are charged with, the consequences can be serious.

If you or a loved one has been charged with domestic violence, it is important that you immediately consult an experienced criminal defense lawyer.

Punishment for Domestic Violence

Under California law, a domestic violence conviction may result in serious fines and punishments. While the only mandatory penalty for a domestic violence conviction is the completion of a 52-week mandatory batter’s program, which meets one session per week for a minimum of two hours, the judge has discretion to enhance the sentence depending on the facts of the case.

The punishments for a felony domestic violence conviction are the same as the punishments for a misdemeanor domestic violence conviction, just enhanced. However, one penalty that is unique to felony charges is a “strike” on your criminal record. Under California law, if you accumulate three strikes (which are given for violent felonies), you will automatically be sentenced to 25 years to life in prison. As such a felony domestic violence conviction, can result in a life prison if it is your third strike.

Contact an Experienced Domestic Violence Defense Attorney

To learn more about the penalties and punishments associated with domestic violence charges, you should consult an experienced domestic violence criminal defense attorney. Your attorney can review your charges and advise you of your right and discuss possible defense strategies that may be effective in fighting the charges.

For more information or to schedule a complimentary consultation with one of our criminal defense attorneys, please call us at (800) 209-9808 or complete our online form.

10 Ways You Can Violate Probation in California

Posted on May 26, 2014 by Simon Aval

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If you are convicted of a crime in California, the judge has discretion to “suspend” the imposition of your sentence and grant probation instead of sending you to jail or prison. Probation allows you to complete your sentence in the community under a “conditional release.” Once you have successfully completed your probation, you may be entitled to return to court and request the judge to “set aside” your guilty plea or your conviction by jury verdict.

However, if you fail to successfully complete your probation or violate any of its terms, it may result in serious problems and even jail or prison time.

Different Way to Violate Probation

Violating the terms of your probation is a crime in itself and the consequences can be serious. Some of the different ways you may violate your probation include:

Failing to appear at a mandatory court hearing (also known as “FTA”)

Failing to pay court-ordered fines and fees
Failing to report to your probation officer as required by the court
Failing to comply with the instructions provided by your probation officer or department
Failing to participate in and complete court mandated treatment or counseling
Failing to complete community service
Committing or getting arrested for a new crime

Generally speaking, these types of violations are cut and dry, in that the act either happened or it didn’t. As such, proving probation violation does not involve a lot of fact finding. The major issue, however, for your criminal defense attorney may be getting your probation reinstated and keeping you out of custody.

Consequences of Violating Probation

If you violate probation, your probation officer may simply give you a warning. If you stay out of trouble, you may not face any additional problems. However, in more extreme cases, your probation officer may order you to appear in court for a probation violation hearing.

If it is proven by preponderance of the evidence (or more likely than not) that you violated parole, the judge has discretion to:

– Order you to pay fines

– Spend a few days in jail and resume probation

– Add time to the original terms of your probation

– Revoke or cancel your probation altogether

Call Us

If you or a loved one is facing probation violation, you should consult an experienced criminal attorney to help you protect your legal rights. For more information or to schedule a complimentary consultation with a dedicated criminal defense attorney, please call attorney Simon Aval at (800) 209-9808 or complete our online form.

An Overview of California’s “3 Strikes Law”

Posted on May 26, 2014 by Simon Aval

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California’s “three strikes and you’re out” law has been one of the harshest sentencing schemes in the country for many years. In fact, one in four inmates in the state’s over-crowded prisons are serving a second or third strike sentence.

What Is the “3 Strikes Law”?

California voters approved a ballot initiative in 1994 known as “Three Strikes and You’re Out.” Under this original version, state courts were required to hand down mandatory and extended prison time to individuals who are found guilty for any third time offense, even if it was nonviolent.

In 2012, the law was reformed to include that there will no longer be a mandatory 25-years-to-life for “strikers” whose third strike is not “serious” or “violent” felony.

This means that if you are convicted of a crime that the judge considers being a serious offense, it will be considered as a strike on your record. If you accumulate three strikes, you will face mandatory prison time. In certain cases, the sentence may be made harsher to account for any leniency you may have previously received.

What Is Considered a “Strike”?

In order for a criminal action to be counted as a “strike,” it must be a serious or violent felony. It should also be noted that the judge may include convictions from other states, federal convictions and certain juvenile convictions when adding up “strikes” against you. Moreover, the judge also has discretion to elevate a misdemeanor charge to a “strike” if you have prior felony convictions.

Some examples of strikes include:

– Arson

– Murder

– Rape

– Robbery

– Home invasion

– Assault with a deadly weapon

– Kidnapping

– Drug trafficking

– Any other felony that carries a life sentence in prison

Your Los Angeles criminal attorney can provide you with a complete list of criminal actions that may be considered a strike, as listed under California Penal Code, Sections 1192.7(c) and 667.5 (c).

Contact Us

If you or a loved one is facing a 3 Strikes case, you should consult an attorney that has experience in the field of Criminal Law, someone you can trust, and someone who has proven to be effective.

For more information or to schedule a complimentary Los Angeles criminal defense attorney Simon Aval, please call (800) 209-9808 or complete our online form.