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If Someone Takes Their Domestic Violence Case To Trial And Loses, Will Sentencing Be More Severe Than If They Had Taken A Plea?


Sentencing after a trial might be more severe than the plea offer if additional facts emerge during the trial which place the defendant in a bad light. It is important to be in front of a fair judge who won’t punish a client simply for having taken the case to trial. In some cases, a prosecutor might initially make a good offer, and then withdraw the offer once the defendant decides to go to trial. Some courts in certain jurisdictions can be a little harsher than others given the exact same set of facts and circumstances.

What Are The Penalties If Convicted Of Domestic Violence-Related Charges?

A domestic violence charge can be a felony or misdemeanor. A felony charge can carry a two, three, or four-year prison sentence and/or felony probation. A misdemeanor charge can carry a sentence of up to one year in jail, as well as the possibility of probation. Other consequences include a 52-week batterer program, fines, stay-away orders, and protective orders.

Are Alternative Sentences Or Deferred Adjudication Offered In First-Offense Domestic Violence Cases In LA?

Depending on the jurisdiction and whether the charge is a misdemeanor or a felony, an alternative sentence may be granted to a person who has been arrested for domestic violence. This varies from within Los Angeles, Orange, Ventura, Riverside, and San Bernardino Counties.

Is There Any Way To Have A Domestic Violence-Related Conviction Removed From My Record?

In California, a misdemeanor domestic violence conviction or a felony charge that’s been reduced to a misdemeanor conviction can be expunged. Otherwise, it will remain on the record.

What Makes An Ideal Client When It Comes To Representing Someone Who Is Facing Domestic Violence-Related Charges? What Can Someone Do To Help Their Case And Their Attorney?

Most of our clients who are arrested for domestic violence are male. An ideal client will have a long history of stability, be successful in their profession or occupation, demonstrate that they are family-oriented, understand the seriousness of a domestic violence charge, and be willing to fight their case and work hard to avoid a conviction.

It is also important that clients provide a complete and accurate factual recitation of what transpired. This information would be considered privileged and therefore kept between the client and attorney, who should work as a team with the ultimate goal of avoiding a domestic violence conviction. Such a conviction can be life-altering and affect an individual’s livelihood. The ideal client is one who truly understands all of this.

For more information on Domestic Violence Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 486-7486 today.

Top Gun DUI Defense Attorney Myles L. Berman

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