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Domestic Violence Practice Center

Domestic violence charges can have a serious impact on the rest of your life. If you have questions about domestic violence issues, contact our firm to schedule a consultation with an experienced criminal defense attorney today.

Answers to Your Domestic Violence Defense Questions

Domestic violence charges can have a serious impact on the rest of your life. If you have questions about domestic violence issues, make sure you talk to an experienced criminal defense lawyer before you make any decisions. I am David J. Larkin, Attorney at Law, and from my law offices in Walnut Creek, I can answer your questions, help you build your defense, and protect your rights.

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Domestic Violence Charges and Sentencing

Most domestic violence charges can be charged as either a felony or a misdemeanor. A defendant charged with a felony can serve significant time in prison, whereas a defendant charged with a misdemeanor may serve only a short jail term or be required to pay a fine, attend counseling or be put on probation. Contact David J. Larkin, Attorney at Law in Walnut Creek, California to speak with an experienced criminal defense attorney about your options today.

Misdemeanor or Felony?

Whether a crime is a felony or a misdemeanor is determined by the seriousness of the crime and the relevant state laws. In many jurisdictions, acts that result in serious injuries are charged as felonies. Cases with no injury or slight injury are charged as misdemeanors. A prosecutor also may consider prior violent acts by the defendant to determine the level of crime to charge.

Misdemeanor Penalties

Sentencing for misdemeanor domestic violence convictions differs state to state. The penalties also depend on the specific facts of each case. The court will consider prior convictions, whether the abuser was on probation or parole, the local community's attitude toward the crime and any other mitigating or aggravating circumstances. Some of the penalties that may attach to misdemeanor domestic violence include:

  • Probation
  • Mandatory treatment programs
  • Short to moderate jail sentences
  • Fines
  • Pay restitution to the victim

In many states, misdemeanor defendants may face up to a year in the county jail plus a significant fine for each charged offense, but judges may be more lenient for first time offenders.

Felony Sentencing

Penalties for felony convictions are more serious than for misdemeanors, and vary greatly by state, by the severity of the crime and by the particular circumstances of each case. Generally, penalties range from shorter prison terms and moderate fines for less severe felonies to life sentences and large fines for more serious offenses. States with the death penalty may seek it in cases of domestic violence that result in death.

Conclusion

Contact David J. Larkin, Attorney at Law in Walnut Creek, California for more information on domestic violence crimes and sentencing. An experienced criminal defense attorney can explain your state's laws and how they apply to your situation.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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David J. Larkin, Attorney at Law 1806 Bonanza Street Walnut Creek, CA 94596
Phone: 925-939-6400 Toll Free: 866-586-4306 Fax: 925-939-6410  Map and Directions