The Law Offices of Oscar R. Swinton can defend you against any of these charges. We can go over your options, answer your questions, and help you make informed decisions that protect your best interests.

Potential Domestic Violence Penalties

The penalties for a domestic violence conviction depend on the specific charge, your past criminal history, and the severity of the crime. For example, a misdemeanor domestic violence charge can result in up to one year in jail. A felony domestic violence charge can result in much harsher penalties, including prison sentences of two to six years.

The penalties for a domestic violence conviction will increase if the defendant has prior convictions for the same crime. These crimes also fall under California’s “three strikes” law, meaning a third conviction for the same offense can lead to up to 25 years in state prison. If the alleged victim suffered major or permanent injuries, such as in the case of a caregiver hurting a child, the defendant may face life in prison for a conviction.  

A conviction for domestic violence can also result in the loss of your gun rights. If you are convicted of misdemeanor domestic violence, you will lose your gun rights for 10 years. If you are convicted of felony domestic violence, you will lose your gun rights for life. However, you can seek a relief from firearms disabilities (RFD) if you can show that you do not pose a threat to society and that it is in the public interest to restore your gun rights.

How Does a Prosecutor Prove Domestic Violence?

A prosecutor must prove beyond a reasonable doubt that the defendant committed domestic violence. However, this can be difficult to do because many domestic violence incidents take place behind closed doors. In addition, the defendant and the victim may have a history of violence with each other, or an alleged victim may be attempting to gain the upper hand in a different legal matter, such as a child custody case. 

To prove domestic violence, a prosecutor must show that the defendant committed a violent act against a victim and that the victim was a family or household member. The prosecutor must also show that the defendant intended to commit the violent act. This can be difficult to prove if the defendant was acting in self-defense.

Help from a Domestic Violence Defense Attorney in Woodland Hills 

Our lawyer has handled countless domestic violence cases. We have the experience and knowledge necessary to help you navigate the criminal justice system to seek the best possible outcome for your case. 

To learn more about how we can help you, contact The Law Offices of Oscar R. Swinton to schedule a free case evaluation. Also serving clients in Santa Clarita & Palmdale!