Facing criminal charges of any kind can be an overwhelming and intimidating experience. However, when the alleged offenses pertain to acts of domestic violence or domestic abuse, the ramifications of an arrest can be considerable and devastating. Unfortunately, even though our country’s criminal justice system is built on the presumption of innocence until the defendant is found guilty beyond a reasonable doubt, the reality is that the mere allegations and charges themselves—even if unfounded or downright false—can wreak havoc on the defendant’s personal relationships and professional reputation. If you are facing a domestic violence-related charge in Palmdale, Lancaster, or the greater Los Angeles County area, you need top-quality legal defense services right away to ensure that your legal rights remain protected at every stage of the criminal justice process. Your skilled and trusted Palmdale criminal defense attorney will remain by your side to answer your questions, address your concerns, and advocate on your behalf as much as possible.
One common question that defendants have is whether having prior convictions will affect their current domestic violence case. It’s important to recognize the potential impact of previous convictions and how you and your criminal defense lawyer can create an effective legal defense strategy that protects your future and freedom as much as possible. When you work with the Law Offices of David M. Wallin, Palmdale’s go-to criminal defense law firm, you will benefit from working with a team of highly experienced attorneys, including TWO FORMER DEPUTY DISTRICT ATTORNEYS and a certified criminal law specialist with over 35 years of experience. We offer FREE CONSULTATIONS and PAYMENT PLANS, so contact our office at your earliest convenience to get started. Let’s take a look at some of the potential legal consequences of prior convictions for domestic violence in California and how to mitigate some of these impacts.
What Counts as a Prior Conviction in California?
First of all, it’s important to recognize that many domestic violence cases begin when law enforcement arrives at the scene of an alleged domestic violence incident. The responding officer will likely check law enforcement databases for any outstanding warrants or prior criminal records. If they find that the alleged perpetrator has previous convictions related to domestic violence, such as corporal injury on a spouse, battery on a spouse, or other assault crimes, the officer may use this information to proceed with an arrest. Moreover, the prosecutors can use these previous offenses to seek more serious or enhanced penalties for a new domestic violence-related offense.
Understanding the Legal Consequences of Prior Convictions
California leads the country in imposing some of the strongest penalties for those convicted of domestic violence. Under the state’s repeat domestic violence offender laws, such as PC 273.5(f), a previous domestic violence conviction can transform a potential misdemeanor charge for a new offense into a felony-level offense. Even if the facts of the new case would be considered a misdemeanor, the prior offense (i.e., committed within seven years of the new offense) may elevate the charge to a felony. This means that a conviction could carry more significant and lasting penalties, such as imprisonment in a state prison for two, four, or five years, a fine of up to $10,000, and other serious consequences. Moreover, if the defendant receives probation, the court may impose strict terms, such as mandatory imprisonment for a specific time, mandatory payments to a domestic violence shelter-based program, and other potential terms.
California’s Three Strikes Law and Domestic Violence Offenses
California has what’s known as a “three strikes” law that imposes enhanced sentences on those with prior convictions who are convicted of a new offense. Generally speaking, this law applies to serious or violent felony crime convictions and results in a prison term of 25 years to life for a third conviction. Essentially, this law aims to deter offenders from repeatedly committing serious crimes. Some domestic violence-related offenses are covered by the three strikes law, such as assault with a firearm or if the domestic assault caused severe corporal injury to the alleged victim. If you are concerned about whether the three strikes law could affect your domestic violence case, it’s essential that you discuss your options with an experienced and trusted Palmdale domestic violence attorney who specializes in cases involving domestic violence repeat offender penalties.
Mitigating the Impact of a Prior Conviction
Before you assume the worst, it’s important to discuss the details of your case with a knowledgeable and qualified attorney to understand your options. Together, you can explore potential strategies to minimize the penalties, such as plea bargaining, presenting mitigating circumstances, or other legal defense strategies. You may also consider finding ways of demonstrating your good faith efforts to focus on rehabilitation, such as attending anger management counseling or seeking treatment for drug or alcohol misuse. Consider reaching out to the Law Offices of David M. Wallin today for a FREE CONSULTATION with our highly qualified team of attorneys, including TWO FORMER DEPUTY DISTRICT ATTORNEYS. We offer PAYMENT PLANS, so get in touch right away to start defending your future.
How a Skilled Palmdale Criminal Defense Lawyer Can Help You
As soon as you know you are facing allegations of domestic violence in Palmdale, Lancaster, or Los Angeles County, it’s essential that you contact a seasoned and dedicated criminal defense attorney right away. Your lawyer knows how to leverage their considerable experience to help you secure the most favorable outcome possible, given the specific circumstances of your case. Get in touch with the Law Offices of David M. Wallin today to start preparing an effective legal defense strategy that keeps your future as bright as possible.
With more than 35 years of experience, certified criminal law specialist and former deputy district attorney David M. Wallin is fully prepared to provide you with the exceptional legal defense services you need when facing criminal charges in the Palmdale or Lancaster area. At the Law Offices of David M. Wallin, our new team of highly qualified attorneys, two of which are TWO FORMER DEPUTY DISTRICT ATTORNEYS, is here to defend your legal rights at every turn. Please call our office today at (661) 267-1313 for a FREE CONSULTATION with us—PAYMENT PLANS OFFERED as well!
