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Domestic violence is a serious crime that can lead to jail time. If you are charged with domestic violence, your sentence will depend on whether this is the first offense and the circumstances of the case. The more severe the abuse was, and if there was any injury inflicted by an object or weapon, then your chances of getting probation will be slim.
However, it is possible to receive probation for domestic violence if none of these factors apply to you. In this article, we’ll cover domestic violence penalties and if you’ll have the ability to receive probation.
What Is Domestic Violence?
Domestic violence is a crime that is defined as physical abuse, threats of violence, emotional abuse, or sexual assault against a current or former spouse, partner, roommate, or child. It can also include stalking and harassment. However, there are a ton of different penalties that apply under the domestic violence umbrella.
The Most Common Domestic Violence Penalties
Depending on your specific case and crime, you could face a different penalty. In this section, we’ll cover the most common domestic violence crimes and the penalties applied to them.
Corporal Injury to Inhabitant or Spouse
If you’ve injured someone else who lives with you or your spouse, it’s considered a corporal injury. Unfortunately, this is viewed as a felony, which means that you’ll end up serving jail time. The typical first offense jail time range is between one to four years in California State Prison.
Domestic Battery
It’s against the law to inflict any type of pain on someone with whom you have an intimate relationship. If the person is your spouse, current or former partner, mother, or father of your child, you could face up to a year in county jail as part of your sentence for this crime or a fine up to $2,000, as it’s considered a misdemeanor.
Child Endangerment
It’s against the law to allow a child to have their health and safety endangered or suffer harm under your care. For example, if you’re doing drugs in a home where a child lives or allowing them to be physically hurt would fall under this category. Depending on how much harm was done, it could be a felony. However, it’s considered a misdemeanor in most cases and is punishable by up to six months in jail.
Child Neglect
If you don’t provide basic necessities to your children, such as shelter, food, or clothing, it’s considered a crime under the child neglect law. This is regarded as a misdemeanor in California and is punishable by up to one year in jail or a fine of $2,000.
Child Abuse
California’s child abuse law makes it a crime to willfully harm or endanger a child. If you’ve been accused of this crime, it can be punishable up to one year in jail or three years in state prison, depending on the severity of the case. However, it’s important to note that spankings do not fall under this crime.
Elder Abuse
If you’ve inflicted any type of emotional, physical, financial fraud, endangerment, or neglect to anyone over 65 years of age, it’s considered elder abuse. This type of case can either be classified as a misdemeanor or felony, depending on the extent of the abuse. If it’s a felony, you may face up to four years in state prison. However, a misdemeanor would incur up to one year in jail.
Stalking
Stalking is defined as repeated harassing, threatening behavior. If you’ve been accused of stalking someone and have made any type of threats against them, it’s considered criminal threats under California law. Depending on your criminal history, it could be regarded as a felony or misdemeanor. Felonies can incur up to three years in prison, while misdemeanors can be punished by one year in jail.
Criminal Threats
If you’re threatening to hurt someone, this can also be punishable by the criminal threats law. It can either be charged as a misdemeanor, incurring one year in jail or a felony, incurring up to four years in prison.
Revenge Porn
Revenge porn is defined as intentionally posting a sexually explicit recording of another person without their consent. If you’ve been accused, this is considered a misdemeanor and could result in up to one year in jail as punishment or a fine of $1,000.
Aggravated Trespassing
If you’ve made a threat and then tried to carry out that threat in a workplace or home of the victim, it can be considered aggravated trespassing. This can either be punished as a felony, for up to three years in jail or a misdemeanor, incurring a hefty fine.
Posting Harmful Information On The Internet
If you’re posting harmful and untrue information about someone, it can be considered against the law under the posting of damaging info on the internet penal code. If you’ve been accused of this crime, it’s punishable by up to one year in jail or a fine of $1000, as it is classified as a misdemeanor.
How Do I Get My Charge Decreased For Domestic Violence?
If you’ve been accused of domestic violence, it’s essential to seek professional legal advice from a California criminal defense attorney. They’ll be able to review your case and help you get the charges reduced for this crime while keeping in mind that there are mandatory penalties involved depending on what state law has been broken.
The First Step You Need To Take After Getting Arrested
If you’ve just been arrested for domestic violence, you’ll want to get started on your defense right away. However, if you’re stuck in jail, it makes it hard to prepare your defense and can hurt you and your family financially. This is why it’s so important to post bail and get out of jail fast.
However, suppose you’re unable to post bail. In that case, it’s essential to find an experienced California bail bond company who can review your case and get you out of jail so that you have the opportunity to fight for yourself. At Future Bail Bonds, we can help you get out of jail quickly by paying off that hefty bail bond. So contact us today to get started and receive your instant approval.