Criminal Defense Q&A: Prosecutor Charged Me with Felony Domestic Violence and Is Now Offering a Misdemeanor. Should I Take the Deal?
There’s a lot to consider when considering a plea deal. But should putting the case behind you be the deciding the factor? And are there some penalties you can’t avoid even if your domestic violence felony is reduced to a misdemeanor? But what about criminal restraining order?
Question:
Should I accept plea deal of getting P.C. 243 instead of P.C. 273, 30 day sentence, batterers program ? Mitigation: I have a completely clean previous record, and was an EMT for 3 years. I am also planning to attend medical school beginning January (hence the jail term to avoid probation). My fiancé is completely cooperative with me. We want to get over this.
Answer:
Moving on from this incident should be a factor to consider, but not the deciding factor.
Pleading to a misdemeanor charge of domestic violence may help you avoid jail time. But there are certain conditions that you cannot escape, no matter whether you plead to a misdemeanor or felony charge of domestic violence.
For instance, if you are granted probation for a domestic violence charge, whether the charge was for a felony or a misdemeanor, you must still complete a 52-week batterer’s program, pay at least $500 to a state-run domestic violence program, pay a fine of up to $2,000, and be subject to a criminal protective order that can prohibit you from contacting your fiancé for up to 10 years. See Penal Code sections 1203.097(a); 243(e)(1); 136.2(i)(1); 273.5(g), (i)-(j).
If the prosecutor’s case against you is strong, then you may have no other choice than to accept the plea deal. But if there is a chance that you can prevail, then you may wish to reconsider. For instance, if there are significant weaknesses in the prosecutor’s case, you could leverage that into a plea deal in which you admit an alternative misdemeanor charge that does not require a restraining order and a batterer’s treatment program as part of the punishment.
It would be prudent to speak with a criminal defense attorney about what options are available to you given your unique situation.
Read other criminal defense attorney answers at Avvo: Should I accept plea deal of getting P.C. 243 instead of P.C. 273?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
