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Domestic Violence » What Are Some Possible Plea Bargains From California Domestic Violence Charges?
Domestic violence charges carry a serious stigma on a criminal record.
If you are charged with a common domestic abuse offense such as Penal Code 243(e)(1) PC domestic battery or Penal Code 273.5 PC corporal injury on a spouse, you and your attorney may want to consider trying to negotiate a plea bargain to another offense–one that will be less of a red flag to future employers and romantic partners (and may carry lighter penalties as well).
For example, Penal Code 591 PC damaging a telephone line is sometimes charged in domestic violence situations.
This offense can be charged as a felony or a misdemeanor–which means it carries similar penalties to corporal injury on a spouse and potentially more severe penalties than domestic battery. But it doesn’t look quite as bad on a criminal record as one of those offenses. If the prosecutor agrees to charge PC 591 damaging a telephone line as a misdemeanor, it can be a very advantageous charge reduction from a more conventional domestic violence offense.
Another reduced charge to consider is Penal Code 601 PC aggravated trespass. This crime is charged against people who threaten another person’s safety and then unlawfully enter that person’s home or workplace intending to make good on the threat.
In domestic violence situations, there are often allegations that support a charge of aggravated trespass. But someone who is not familiar with the legal definition of aggravated trespass will not necessarily know what the offense entails, which means it is less of a black mark on your record.
Aggravated trespass can be charged as either a felony or a misdemeanor–and it makes the most sense to try to negotiate for it to be charged as a misdemeanor. (Read about Shouse Law Group winning a “not guilty” verdict in a recent California “domestic violence” case. Also read our article about the connection between domestic violence and criminal threats in California.)
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Colorado Revised Statute 18-6-800.3 CRS defines “domestic violence” as: “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a ...
Colorado domestic violence-related criminal convictions can never be sealed or expunged from the defendant’s record. The conviction remains on the record forever, no matter whether the case was a felony or misdemeanor, or whether the defendant was adjudged guilty through a trial or a plea agreement. But if the criminal charge gets dismissed, defendants can ...
Not necessarily. Even if a victim claims he/she falsely accused the defendant of battery domestic violence (BDV) in Nevada, the D.A. may decide to pursue charges anyway. Prosecutors are often suspicious of recanting BDV victims and believe they have ulterior motives for changing their story, such as: They are afraid to testify in court. They ...
The legal definition of domestic battery is (1) any willful and unlawful touching, (2) that is harmful or offensive and (3) is committed against an intimate partner. Examples of this kind of domestic violence include: Lisa pushes her boyfriend during a fight. Marcos, feeling frustrated with his ex-wife, grabs her shirt and rips it. Candice is ...