If you have been charged with domestic violence or assault, you need aggressive lawyers. Our West Hollywood/Beverly Hills area firm is experienced in these cases and will defend your rights.
Note: The information below is not to be construed as legal advice. It is instead a condensed summary of domestic violence and assault & battery laws. For legal advice that is directly related to your own case, contact Michael and Maria Cavalluzzi for a free case review.
Domestic violence is defined as using physical force against your spouse, a person with whom you live or used to live (a “cohabitant”), the other parent of your child, or someone you are dating or have dated.
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Here we list some of the common charges associated with domestic violence. For more specific information that is relevant to your own case, contact the domestic violence lawyers at Cavalluzzi & Cavalluzzi in West Hollywood/Beverly Hills for a case review.
Penal Code 273.5
Physical force against a spouse, cohabitant, or parent of your child that results in injury; may be charged as either a misdemeanor or felony. The domestic violence injury can be very minimal, including even redness of the skin. This violation is “priorable,” meaning that if you are convicted a second time for the same offense, the punishment will increase. Good domestic violence lawyers may be able to get this charge reduced or dismissed altogether.
Maximum Penalties: Felony: 4 years in state prison + fine
Misdemeanor: 1 year in county jail + fine
Penal Code 243(e)(1)
Physical force that does not result in injury. This offense is classified as a misdemeanor. You may be charged with violating this code if you use physical force that results in injury against someone whom you are dating, even if you have never lived nor had children with the person. Even if there were no injuries in your case, it is still best to consult with a domestic violence lawyer before talking to the police.
Maximum Penalty: 1 year in county jail + fine
Penal Code 422
Criminal Threats. This code covers threats of imminent death or physical violence or harm against another person, whether or not the defendant actually intended to carry out the threats. A prosecutor will often make this charge in a domestic violence case. Even if you did not use any physical force, you may still be convicted under PC 422. If you are convicted under the felony version of PC 422, it is considered a “strike” under the Three Strikes Law in California. The Domestic violence lawyers at Cavalluzzi & Cavalluzzi in West Hollywood/Beverly Hills can help you avoid conviction under PC 422.
Maximum Penalties: Misdemeanor: 1 year in county jail
Felony: 3 yrs in state prison
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Domestic violence probation may last between two and five years. If it is felony probation (“formal” probation) there will be fines to pay and you will have a probation officer. If you violate this type of probation, you may be sentenced to additional jail time with probation simply reinstated, or the probation may be revoked entirely and you could be required to serve your full sentence.
If you receive probation is for committing misdemeanor domestic violence, it is “summary” probation and you will not have a probation officer. If you violate misdemeanor probation, you could be sentenced to jail and your probation may be reinstated.
If you are in violation of your domestic violence probation and you appear in court without a lawyer, you are in danger of losing the benefits conferred by many of your rights. Thus, it is crucial that you contact domestic violence lawyers before you go to court. In many cases, lawyers can appear in court for you and negotiate a reduction in or an elimination of the jail time you face.
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If you are convicted of committing domestic violence, you will be required to attend a domestic violence course as part of your probation. The domestic violence classes will most likely occur weekly, last for one year (52 sessions), and cost between $500 and $1000. You may be dismissed from the domestic violence course if you miss too many classes; since this scenario would be considered a probation violation and could result in jail time, it is very important that all classes be attend.
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In domestic violence cases, a “protective order” is usually issued that orders the defendant not to harm or bother the alleged victim. There is also often a “No Contact/Stay Away Order” that stipulates that the defendant may not have any contact with the domestic violence victim until the victim comes to court and tells the judge specifically that he or she wants to have contact. In such cases, the defendant may not enlist a third party (a family member, a friend, or anyone else) to make contact. The defendant’s lawyer, however, is allowed to have contact with the victim.
If you violate a domestic violence protective order, you could be arrested and face further criminal charges. Contact the domestic violence lawyers at Cavalluzzi & Cavalluzzi in West Hollywood/Beverly Hills for more information regarding protective orders and how to comply with them.
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A: This does not mean that no charges will be filed. The victim’s wishes will be considered, but it is ultimately the prosecutor who decides whether or not to file domestic violence charges against the defendant. Take note of this important advice: if the victim changes his or her mind and wants to withdraw the accusations of domestic violence, you should contact your lawyer at once. A victim can often do more harm than good by talking to law enforcement or the prosecution. It is important that your domestic violence lawyer manage your communications for you in order to protect your rights.
A: Probably not. This situation is known as the “Recanting Victim.” Prosecutors know that victims of domestic violence often recant what they have said previously in order to protect the defendant, and thus do not normally dismiss domestic violence cases afterwards. It is very important for you to obtain the services of a domestic violence lawyer before the victim contacts the police or a prosecutor and changes his or her story.
A: There are many ways for a case to proceed and even go to trial without the victim’s participation in court. Domestic violence cases are not generally dismissed for this reason. If you have retained a good domestic violence lawyer, however, he or she may be able to use the absence of the victim to your advantage and see that you are acquitted or that the charges are dismissed.
A: If the domestic violence victim hit you first, you may be able to claim self-defense and thus have the charges against you dismissed. Contact a domestic violence lawyer for an explanation of self-defense laws and how they could be relevant to your case.
A: For the time being, no. But new offenses can always be added to the law, which means that even though a felony conviction for domestic violence is not currently a strike, it could be in the future.
A: Alternative sentencing options – work release and rehabilitation programs, house arrest, probation, to name a few – are difficult to obtain in domestic violence cases. If you have a skilled domestic violence lawyer, though, he or she may be able to help you qualify for alternative sentencing and stay out of jail.
A: If you are convicted of domestic violence, you will have to turn in your firearm(s) immediately. You cannot own a firearm for 10 years after a domestic violence conviction; if you do acquire one, it will constitute a criminal offense. Once convicted of a felony, you can never again own, use, or possess a gun legally.
A: Domestic violence is deportable, which means that you may be deported from the United States, denied reentry, and denied naturalization.
A: It will mean several things. First, when you apply for a job in the future and are asked if you have been convicted of a crime, you will have to answer yes. If the domestic violence crime was a felony, you will not be able to vote in the vast majority of states. Because you will not be allowed to own, carry, or use a firearm, you will not be able to join the military or hold any security or law enforcement jobs. The domestic violence conviction may also affect any future divorce or child custody proceedings you participate in. And finally, if you are charged with a similar domestic violence crime in the future, people (notably, the prosecutor and judge) may treat you more harshly.
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The definitions provided here have been modified so that those who do not practice law may understand them more easily. Discuss your charges with the assault lawyers at Cavalluzzi & Cavalluzzi in West Hollywood/Beverly Hills in order to gain more information regarding your specific case.
Penal Code Section 242 :
Simple Battery: This offense involves the willful and unlawful use of force or violence against another person. PC 242 is a misdemeanor.
Penal Code Section 240 :
Simple Assault: This offense consists of an unlawful attempt, coupled with a present ability, to commit a violent injury against another person. PC 240 is a misdemeanor.
Note : 242 and 240, the simple assault and battery charges, become more serious and may be classified as felonies when the victim is a police officer, an employee of a school, or any type of emergency personnel. In these cases, the defendant will be charged under a different penal code.
Penal Code Section 243(d) :
Battery with Injury: When a battery is committed against any person, and serious bodily injury is inflicted on the person. PC 243(d) may be charged as either a misdemeanor or a felony.
Penal Code Section 245(a)(1) :
Assault with a Deadly Weapon: Any person who unlawfully commits an assault against another person with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury may be charged with either a misdemeanor or a felony. If the deadly weapon is an automobile, the defendant’s driver’s license may be permanently revoked.
A conviction under 245(a)(1) could be considered a strike under the Three Strikes Law in California. You should obtain the advice of assault lawyers —such as those at Cavalluzzi & Cavalluzzi in West Hollywood/Beverly Hills — in order to better understand your options and to avoid being charged with a strike offense.
Penal Code Section 245(a)(2) :
Assault with a Firearm. Any person who commits an assault upon another person with a firearm may be charged with either a felony or misdemeanor.
Penal Code Section 203 :
Mayhem. Any person who deprives, disables, or disfigures a part of another person’s body (i.e., slitting a nose, ear, or lip; putting out an eye) may be charged with a felony.
A conviction under 203 is considered a strike under California’s Three Strikes Law. A more serious conviction under Penal Code 205, or Aggravated Mayhem, may result in a life sentence in state prison.
Penal Code Section 422 :
Criminal Threats: Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person with the specific intent that the statement be taken as a threat may be charged under 422. As with domestic violence cases, if you are convicted for felony 422, it is considered a strike under the Three Strikes Law in California.
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Penal Codes 242; 240 :
Misdemeanor
Minimum: Probation and fine
Maximum: 180 days in County Jail
Penal Code 422 :
Misdemeanor Minimum: Probation and fine
Maximum: 1 year in County Jail
Felony Minimum: Probation and fine
Maximum: 3 years in State Prison
Penal Codes 245(a)(1), 245(a)(2), and 243(d) :
Misdemeanor Minimum: Probation and fine
Maximum: 1 year in County Jail
Felony Minimum: Probation and fine
Maximum: 4 years in State Prison
Penal Code 203
Felony Minimum: Probation and fine
Maximum: 8 years in State Prison
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During assault and battery probation, you must adhere to the requirements set out for you and avoid legal trouble at all costs; otherwise, you could be subject to the maximum penalty for the offense you committed. The duration of your assault and battery probation will most likely range from 3 to 5 years. With a good lawyer, though, you could have your probation time decreased or eliminated entirely. If you do receive assault and battery probation, however, you are responsible for adhering to its conditions, including paying fines and performing community service.
If you have violated your assault and battery probation, you may choose to have a probation violation hearing with a lawyer present. A good lawyer may be able to keep you out of jail. Contact the assault lawyers at Cavalluzzi & Cavalluzzi in West Hollywood/Beverly Hills for advice regarding your probation hearing.
If you receive probation for an assault and battery misdemeanor, it will probably be misdemeanor probation, or “summary” probation. Under this system, you would not have a probation officer and would not have to pay fines. You can be simultaneously placed on assault and battery probation and sentenced to jail (up to the maximum amount of time allowed by law).
If you are convicted for felony assault and battery and receive probation, it will probably be formal probation. You will have a probation officer and fines to pay that could amount to over $1,500. As with misdemeanor probation, you can be placed on felony assault and battery probation and still be sentenced to jail for up to 365 days. A skilled lawyer may be able to get felony assault and battery probation reduced to misdemeanor probation. Contact the assault lawyers at Cavalluzzi & Cavalluzzi in West Hollywood/Beverly Hills for a free case review of your case.
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If you are convicted of committing an assault and battery offense that results in injury to the victim, you will be responsible for the victim’s financial damages, including medical expenses and any lost income. Restitution can thus amount to thousands of dollars. If you fail to pay restitution, you will have violated your assault and battery probation and may face jail time. An experienced lawyer may be able to eliminate or lessen the dollar amount of the restitution you owe and help you with a payment plan.
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A: If you were acting in self defense, the assault and battery charges may be dismissed. But this area of the law is complicated, and it is best to consult with assault lawyers before speaking to law enforcement, whether or not you acted in self defense.
A: Because assault and battery involves violence, the prosecutor will often ask that the defendant be sentenced to jail. If you are convicted of felony assault and battery, your probationary sentence may carry four to six months of incarceration time. With a good assault lawyer, the chances are better that your jail time will be reduced or eliminated.
A: Assault and battery offenses are considered to indicate “moral turpitude,” which means that they reflect negatively on your character. Thus, an assault and battery conviction could seriously affect your ability to find employment. Once your probation has been completed, however, you may be able to get your assault and battery conviction removed from your record.
A: This depends on both the seriousness of the assault and battery charge and your previous criminal record. If you do not have a criminal record, or if it is minimal, and if the victim was not seriously injured, you may be able to avoid prison and instead receive a probationary sentence. If you do have a substantial criminal record, though, you could be sentenced to both jail time and probation for the assault and battery offense.
A: Parole is the conditional release of a prisoner who has served part of a sentence. The parolee is remanded to the legal custody of the parole authority and remains under its control for an established length of time. Probation is offered as an alternative to incarceration. Probation can replace all or part of a prison sentence, and includes specific conditions that must be met by the subject to maintain his or her freedom.
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While domestic violence and assault and battery charges can be very serious, they need not always lead to incarceration. Contact Cavalluzzi & Cavalluzzi for domestic violence and assault lawyers in West Hollywood/Beverly Hills. We will aggressively defend you in order to lessen or eliminate the charges. Every step of the way, we will ensure that your rights are maintained.
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If you are in need of domestic violence or assault lawyers who will advocate your case, contact Cavalluzzi & Cavalluzzi in West Hollywood/Beverly Hills.
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Law Offices of
Cavalluzzi & Cavalluzzi
9200 Sunset Blvd. #807
Los Angeles, California 90069
Phone: (866) 623-0004
Fax: (310) 246-2606