| A California domestic violence charge doesn't have to
result in a jail sentence - there are sentencing alternatives available
that can reduce or even eliminate incarceration. Sometimes sentencing alternatives can be secured through a skillfully negotiated plea bargain.
The experienced DV defense lawyers from the Kavinoky Law Firm can
help individuals accused of California domestic abuse offenses determine
whether negotiating a plea bargain is the best course of action.
California domestic abuse laws apply to every type of couple -
the individuals can be straight or gay, married, cohabitating, divorced,
or have dated at any time. DV charges can even be brought against
an individual in an ongoing intimate relationship.
It's particularly wise to consider a plea bargains when the prosecution
has a solid case and the odds of prevailing at trial are low. However,
a skilled California D.V. criminal defense attorney will only consider
a plea bargain that's truly a good deal for the defendant - one
that includes an opportunity to plead guilty to reduced charges
and/or includes alternative sentencing that minimizes or eliminates
jail time.
California domestic abuse cases can be resolved with plea bargains
that involve admitting responsibility in exchange for a lesser charge
and/or negotiated punishment. The punishment may include alternative
sentencing that is designed to both help the offender and prevent
future episodes of domestic abuse.
There are many sentencing alternatives available in California
intimate partner abuse cases - electronic monitoring, residential
treatment or informal diversion may all be substituted for jail
time. Most alternative sentences are credited against a jail sentence
on a day-for-day basis.
Electronic monitoring is another term for house arrest - the offender
must remain in his or her home except to attend court hearings,
education classes, and other essential travel. The confinement is
monitored with an ankle bracelet that transmits information to a
monitor inside the offender's home. Any violation of the terms of
house arrest or attempts to tamper with the device will be reported
to authorities.
Residential treatment can be a particularly beneficial plea-bargaining
tool, especially in cases involving alcohol or drug use. Treatment
programs range in duration from as few as 30 days to a year or longer.
While in treatment, the offender will learn strategies to avoid
future domestic violence incidents and acquire tools to address
any substance abuse issues that may exist.
Sometimes the court can be persuaded to consider informal diversion
in California intimate partner abuse cases. Although jail is mandated
in some DV convictions, in reality judges have a great deal of latitude
in imposing sentences. A judge can opt to sentence a domestic violence
offender to treatment or another form of alternative sentencing
in lieu of jail.
In cases involving alcohol and/or drug use, a knowledgeable Substance Abuse Expert may be a crucial addition to the criminal defense team
when negotiating a plea bargain. The expert can conduct a thorough
evaluation of the accused offender to determine whether he or she
has a problem with alcohol or drugs.
Plea bargains are extraordinarily complicated negotiations that
require an experienced domestic violence criminal defense lawyer
to secure the best deal for the accused offender. In cases involving
alcohol or drug use, a respected Substance Abuse Expert can be an
invaluable addition to the defense team. A California attorney who
focuses on DV defense may be able to negotiate a plea bargain to
a lesser charge, and help the accused offender stay out of jail.
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