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After
a misdemeanor domestic violence conviction a judge sentences a defendant
to a minimum of three years of probation and a 52-week mandatory
batterers program that the defendant has to pay for. The DAs
office generally will not seek a fine, but often wants 15 to 30
days jail time as a punishment, which can usually be served through
the sheriffs alternative (to jail) work program, SWAP. There
is a SWAP program enrollment fee, and each day served costs $10.
There is a statutory $100 victims fund fine, a $200 domestic
violence fund fine, and monthly probation supervision costs up to
$40 a month. There are also probation supervision fees and a court
security fee. By statute misdemeanor defendants face up to a year
in the county jail plus a $2,000 fine for each charged offense.
Judges rarely impose this hard a sentence. Instead they typically
suspend the year sentence to be imposed if a defendant violates
the terms and conditions of their probation. Costs are subject to
a defendants ability to pay.
A
defendant cannot own guns while on probation. Defendants who cannot
meet the requirements of probation, which can also include drug
testing, substance abuse and anger management counseling, can be
sentenced to jail time. Once the defendant has started batterers
counseling at a court-approved program they can ask the judge to
lift the restraining order, provided the victim is willing to come
to court and give their consent. If you are convicted of domestic
violence it counts as a prior conviction and subsequent offenses
are charged as more serious offenses.
If
a person is not a United States citizen, having a domestic violence
conviction on their record could result in deportation or a denial
of naturalization even if the person has resident status. A domestic
violence conviction is classed as a crime of moral turpitude and
can be used for impeachment in subsequent prosecutions.
Some
people have second thoughts after they enter a guilty plea in their
case. In order to take back a plea, you have to make the motion
as quickly as possible after entering it, and you need a reason
that will convince a judge to let you take back your plea. Reasons
judges may accept include that the sentence you're going to get
turns out to be worse than you bargained for when you made the plea
in a felony case. A misdemeanor plea might be withdrawn if there
is a consequence of the conviction that you were not aware of at
the time you were admonished and waived your rights formally before
a judge. It has to be a serious consequence, such as you're going
to be deported, you're going to lose a civil right. It is not grounds
to withdraw your plea that you are innocent or you changed your
mind about the plea, or you don't like the domestic violence classes.
If your lawyer never told you you'd have to do the classes that
might be grounds to withdraw the plea. You will have to overcome
a strong presumption that there was nothing wrong with your plea,
that you weren't coerced, etc. The law favors finality.
After
a defendant is convicted and put on probation the judge will sometimes
ask them how they are doing in the batterers program. In San
Francisco probationers arrive at 8:30 a.m. before court starts and
check in with the courtroom probation officer. If there is no problem
they are given a new court date and leave before court starts. If
you come early and the probation officer tells you to stay, there
is probably a problem and you should not make statements to the
judge and have a lawyer speak for you. The victim may have called
the D.A. to complain about you, for example. If so, have your attorney
go over the evidence against you and speak to the judge for you.
See Restraining Orders, Invasion
of Privacy, Batterer’s Programs.
If
you are convicted of domestic violence as a felony punishment can
additionally include restitution for hospital bills, several years
of probation supervised by the probation department, county jail,
even a prison term depending on how badly the victim was injured.
If you seriously injured the victim your case is going to be more
difficult to defend. If you are charged with felony domestic violence
you have an out of control problem. Besides a lawyer you need therapy.
Going to therapy, immediate enrollment in a domestic violence program,
attending alcohol or substance abuse meetings and collecting proof
of your attendance, can make a difference at your sentencing. You
may not believe you need any help. If youre seriously injured
your partner you need to change your ways and learn how to stop
being abusive. If you make a good start at self-rehabilitation and
have letters of support from your programs you have a better chance
of avoiding a stiff sentence.
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