Orange Felony Domestic Violence Lawyer
When you face domestic violence charges, your freedom and future are on the line. A person arrested for misdemeanor domestic battery or felony domestic violence could serve jail time, pay hefty fines, take mandatory counseling, lose custody of their children, and/or suffer a restraining order. Plus, felony convictions in California carry additional permanent penalties that can affect one’s career and freedom.
A momentary lapse in judgment or false accusation should not define the rest of your life. The Orange County felony domestic violence defense lawyers at The Law Offices of Bryan R. Kazarian work hard to get felony domestic violence charges reduced or even dismissed whenever possible. Contact The Law Offices of Bryan R. Kazarian online or call 855-918-4253 to schedule a consultation and begin fighting these charges immediately.
Felonies vs Misdemeanors
Many times, domestic violence is a misdemeanor charge. Misdemeanors are less serious offenses than felonies that carry lighter penalties such as probation, counseling, fines, a restraining order and possible jail time of up to one year.
Felonies are the most serious types of crimes. Those convicted of felonies may serve time in state prison for 2, 3 or 4 years, endure 3 years or more of probation, plus loss of voting rights, loss of firearm rights, and lose the ability to work in particular fields or in certain occupational positions. You may even be restricted from housing opportunities with a felony conviction on your record.
California has a Three Strikes Law. This means that if you are found guilty of three serious or violent felonies, you may face a prison sentence of 25 years to life, or more. A felony domestic violence charge could rise to the level of a “strike” offense depending on the facts and allegations. The end goal at The Law Offices of Bryan R. Kazarian is to have the charges against you completely dismissed. If the facts of your case make a dismissal impossible, then their top priority is to get your felony domestic violence charge reduced to a misdemeanor.
Anyone facing an Orange County felony domestic violence charge needs an experienced criminal defense lawyer who knows how to get your felony charge reduced to a misdemeanor, and potentially get the charges dropped entirely. Contact The Law Offices of Bryan R. Kazarian online or call 855-918-4253 to schedule a consultation and begin fighting these charges immediately.
What is Considered a Felony Domestic Violence Charge?
Generally, domestic battery and domestic assault are charged as misdemeanors. The difference between misdemeanor and felony domestic violence charges in California is dependent on the facts of each case with consideration of any aggravating factors. Aggravating factors may include:
- Serious physical harm
- Violation of a restraining order
- If this incident is part of a documented pattern of abuse
- Any charge of sexual assault
- The presence of a weapon or firearm
- The involvement of stalking or aggravated trespass
- A charge of rape or kidnapping
- Injury to a child or adolescent
- Injury to an elderly person
- If a child witnessed the incident
Domestic violence charges are known as “wobbler” offenses. Wobbler offenses can be charged and ultimately disposed of as a misdemeanor or as a felony, depending on the facts and circumstances. Determination of whether a person is charged with misdemeanor or felony domestic violence is up to the Orange County District Attorney’s Office. Having a well-known, experienced criminal defense lawyer on your side will show that you are serious about your defense and this will go a long way to getting your charges reduced or dropped.
Judges can also determine if a domestic violence felony charge should be downgraded at or before the preliminary hearing for the case or during sentencing. They can assess any mitigating circumstances, which may include:
- First-time offenders, or those with minimal criminal history
- Admission of guilt or remorse at an early stage in the proceedings
- The person accused tried not to harm any person or property
- Defendant is found to have played only a minor role in the crime
- Probation would be a suitable alternative to jail or prison
Penalties for Felony Domestic Violence
The Orange County District Attorney’s Office chooses whether a misdemeanor or felony domestic violence case is filed or not, regardless of the alleged victim’s opinion or wishes. The alleged victim does not have the final decision on whether the District Attorney’s Office files charges.
In cases where felony domestic violence charges are filed in court, the penalties are severe:
- A local jail sentence up to one year or a state prison sentence of two, three or four years
- Probation, if state prison sentence is not imposed, or parole, if sent to state prison
- Mandatory completion of a 52-week Batterer Intervention Program
- Payment of restitution to the victim
- Payment of restitution to a domestic violence restitution fund
- Mandatory community service
The items listed above are the immediate punishments. The following consequences continue throughout the rest of your life:
- Requirement to disclose your criminal record to future employers
- Loss of voting rights
- Loss of gun rights
- More restrictions on probation and parole
- Possible loss of professional license, such as a medical or law license
These penalties are extremely harsh, especially in cases where good people make bad choices in the heat of the moment. The experienced Orange County criminal defense attorneys at The Law Offices of Bryan R. Kazarian understand that people sometimes make mistakes, and that an error in judgment should not define the rest of a person’s life. Contact The Law Offices of Bryan R. Kazarian online or call 855-918-4253 to schedule a consultation and begin strategizing your defense today.
Common Defenses to a Felony Domestic Violence Charge
The main goal in any felony domestic violence charge is to have the charge dismissed or reduced, as an Orange County felony domestic violence charge has more serious consequences than would a misdemeanor.
While police officers are often quick to assess and determine liability in a felony domestic violence charge, the burden to prove corporal injury rests on the prosecution. A strong defense will introduce reasonable doubt to show that the incident in question did not unfold as the prosecution claims. A felony domestic violence charge may be dismissed in cases of:
- Self defense
- Defense of others
- No willful act of violence occurred
- False accusation
- Injury not caused by domestic dispute
- Police investigation not thorough enough to prove domestic violence beyond a reasonable doubt
Keep in mind that your words can and will be used against you in any misdemeanor or felony domestic violence charge. Therefore, it is vital to your case that you allow your Orange County criminal defense lawyer to speak for you and protect your interests.
Felony Domestic Violence and California’s Three Strikes Law
Felony conviction punishments are harsh, but California’s Three Strikes Law mandates even harsher punishments for those already found guilty of two previous “strike” felonies. The third conviction, or “third strike,” can bring 25 years to life in state prison at minimum.
Moreover, in Orange County, felony domestic violence charges may come with multiple felonies. It is possible to get more than one strike out of the “three strikes” in a single case. It is critical to fight to get your felony domestic violence charges dismissed or reduced as soon as possible.
Protect Your Rights with a Strong Orange County Criminal Defense
Your rights, freedom and future are at stake. Now is the time to trust an experienced criminal defense attorney. Contact The Law Offices of Bryan R. Kazarian today at 855-918-4253 to schedule a confidential consultation about your case.
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- Experienced: Our firm has over 17 years of experience, so you can feel confident you will receive quality legal counsel.
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