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If you have been charged with a domestic violence offense than you should give us a call right away.   The effect on your rights can be very serious even for a Misdemeanor domestic violence charge.  

Below I will go through some of the effects that a domestic violence offense can have on you and your life.  Including the difference between Felony and Misdemeanor domestic violence and the effect that a conviction will have on your gun rights as either a Felony or Misdemeanor. 

First if you are arrested on a domestic violence charge it will be as usually as a Penal Code section 273.5 as either a Felony or as a Misdemeanor.  Lets look at the elements and defenses and then the consequences of either a plea or a conviction.  

PENAL CODE SECTION 273.5 DOMESTIC VIOLENCE FELONY ELEMENTS

1. Defendant willfully inflicted corpereal injury on a victim

2. Victim was either 

Defendant's spouse or former spouse 

Person who her or she was cohibitating with 

Fiance or Fiance or someone with whom the offender had previously had, and engagement or dating relationship with 

The mother or father of his or her child

3. Corporeal injury resulted in a traumatic condition. 

MISDEMEANOR ELEMENTS

The Misdemeanor elements are the same elements.

WOBBLER OFFENSE

This offense is a wobbler meaning it can be chaged as either a Felony or a Misdemeanor offense.

DEFENSES TO A 273.5 OFFENSE

FALSE ACCUSATION

NO TRAUMATIC CONDITION

SELF DEFENSE

DEFENSE OF OTHERS

MUTUAL COMBAT

I go through these defenses in much more detail in other blogs. 

CONSEQUENCES OF A PLEA OR CONVICTION

Before there is even a conviction you may be subject to a restraining order.  If you are subject to a restraining order you will have to turn over your weapons.  You must show proof of this and law enforcement may check for your weapons so you must definitely abide by this edict to not have weapons. 

GUN RIGHTS

After a conviction for a domestic violence offense you will not be able to have weapons.   The reason for this is the federal government prohibits somoene from buying a firearm after they have been convicted of a domestic violence offense. 

MISDEMEANOR CONVICTION AND JAIL TIME

You are subject to jail time of up to one year; however, in Fresno County at least, you will probably get one what is referred to as AOWP time. which is alternative work program time.  usually first offense can be eight days up to a total of 90 days depending on several factors including prior record, and other factors.  

52 WEEK BATTERERS TREATMENT PROGRAM

You will be ordered to attend a 52 week batterers treatment program if you do not complete the program you will have violated your probation.  

FELONY CONVICTION CONSEQUENCES

The felony consequences are the same as above; however, they are more severe.  In that you will be placed on Felony probation.  Any violations of that probation you could be sent to prison for a term of 2,3 or 4 years.  the term will be chosen by the court.  Also, most likely you will get local jail time in addition to felony probation.  Sometimes the court will alow only aowp time, if it is a first offense.  If it is a second offense there could be additional penalties.  

RESTRAINING ORDERS

The restraining order can be up to five years and if you violate the restraining order you can be held on that additional charge in addition to the violation of probation.  There are other consequences of a plea and this is not meant to be an exhaustive list.  And if you have been charged with a domestic violence charge you should seek legal counsel give us a call 559 441-1418.

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
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Fresno, CA 93704
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