If an alleged victim changes his or her story, the charges will not be dropped. For domestic violence cases, the court looks at the case from the perspective of the victim. In California, about 90% of the victims recant their stories. Because of the prevalence of victims changing their stories, cases are not dismissed following that change.
Domestic violence cases can proceed without the victim. The courts have the 911 call and statements taken at the scene. Those pieces of evidence will be used against the defendant. If the victim makes the claim saying, “I was lying, I just made all that stuff up,” the court will proceed with the case regardless.
The reasoning for this is that there is actual violence occurring and the alleged victim calls the police because they are in fear of being harmed, and/or want it to stop. Because domestic violence cases escalate without a resolution, the courts understand that if they drop the case there is a greater likelihood it occurs again.
What Happens If I’m Convicted Of Domestic Violence Charges In Los Angeles, Orange County, Ventura County, Riverside, San Bernardino, Or San Diego County California?
All city and county jurisdictions follow the state penal code.
For misdemeanors, the actual charge results in 164 days in jail, a 52-week domestic violence prevention class, three years of summary probation, and restitution to the victim. Additionally, receiving a complete stay-away order during the three years of probation, the defendant will lose their gun rights for ten years. Even if those California gun rights are restored federally, it’s a lifetime ban, which also applies to felony cases.
For felony domestic violence, the mandatory minimum is two years in state prison but it has the potential to be higher depending on the severity and level of injuries. If there additional charges such as assault with a deadly weapon, great bodily injury, or terror threats, the punishment is far more significant and severe.
For more information on Domestic Violence in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling Don Matson at (626) 600-3437 today.