Understanding CDV Charges in California

When facing Criminal Domestic Violence (CDV) charges in California, understanding the specifics of the law is crucial. This section will break down the definitions, degrees, legal requirements, and household member criteria for CDV charges in clear, simple terms.

Definitions

Criminal Domestic Violence (CDV) generally refers to violent or aggressive behavior within the home, typically involving the abuse of a spouse or partner. In California, CDV is defined under California Penal Code Section 273.5. It includes:

• Physical harm
• Bodily injury
• Assault
• Threat of physical harm against a household member

Degrees of CDV

California categorizes domestic violence into different degrees, each with specific penalties:

Domestic Violence of a High and Aggravated Nature (DVHAN)

• Classification: Felony
• Penalties: Up to 20 years in prison
• Details: Involves extremely serious harm or the use of a deadly weapon.

First-Degree Domestic Violence

• Classification: Felony
• Penalties: Up to 10 years in prison
• Details: Involves causing great bodily injury or violating a protection order while committing domestic violence.

Second-Degree Domestic Violence

• Classification: Misdemeanor
• Penalties: Up to 3 years in prison and/or up to $5,000 in fines
• Details: Involves moderate bodily injury or the use of a deadly weapon without causing great bodily injury.

Third-Degree Domestic Violence

• Classification: Misdemeanor
• Penalties: Up to 90 days in prison and/or up to $2,500 in fines
• Details: Involves causing or attempting to cause physical harm or threatening physical harm.

Legal Requirements

For a CDV charge, the prosecution must prove:

1. Physical Harm or Threat: That physical harm, bodily injury, or a credible threat of harm was made.
2. Intent: The defendant intended to cause harm or fear.
3. Household Member: The victim qualifies as a household member under California law.

Household Members

Household Member criteria are essential for CDV charges. In California, a household member can be:

• A spouse or former spouse
• A parent of a shared child
• A current or former domestic partner
• Someone you live with or have lived with

If the person accusing you does not fit one of these categories, the charge may not qualify as domestic violence but could still be prosecuted under other criminal laws.

Understanding these definitions and classifications is crucial when preparing your defense. Each degree of domestic violence has specific elements that the prosecution must prove beyond a reasonable doubt. Knowing these elements can help you and your attorney build a robust defense strategy.

Next, we’ll explore the best defenses for domestic violence charges and how to effectively use them in court.

How to Beat a CDV Charge in CA

Facing a CDV charge in California can be daunting, but understanding your defense options can make a big difference. Here are some key strategies to consider:

Mistakes by Law Enforcement

Police errors can be a significant factor in getting charges dropped or reduced. Common mistakes include:

• Improper Evidence Handling: If the police did not handle evidence correctly, it could be inadmissible in court. For example, if there were issues with the chain of custody, your attorney could argue that the evidence has been compromised.
• Failure to Interview Witnesses: Sometimes, law enforcement may overlook crucial witnesses who could provide testimony in your favor. Ensuring all witnesses are interviewed can uncover inconsistencies in the prosecution’s case.
• Violation of Rights: If your rights were violated during the arrest—for instance, if the police did not read you your Miranda rights—any evidence obtained could be thrown out.

Victim’s Role in Dropping Charges

While the victim cannot directly drop charges, their participation can influence the case:

• Victim’s Request to Drop Charges: The victim can fill out a form requesting the charges be dropped. While the final decision lies with the prosecutor, a non-cooperative victim can make it harder for the state to prove its case.
• Victim’s Non-Participation: If the victim refuses to testify or cooperate, it can weaken the prosecution’s case. However, the state may still proceed if there is other strong evidence.

Plea Bargaining Options

Plea bargaining can be a strategic way to resolve a CDV charge:

• Plea to Lesser Charge: Negotiating to plead guilty to a lesser charge can result in reduced penalties. For instance, you might be able to plead to a non-violent offense.
• Charge Reduction: In some cases, the prosecutor may agree to reduce the charge from a higher degree of domestic violence to a lower one, which carries less severe penalties.
• Probation Negotiation: Another option is to negotiate a plea that includes probation instead of jail time. This can involve attending counseling sessions, performing community service, or other court-mandated conditions.

Legal representation is crucial throughout this process. An experienced defense attorney will know how to scrutinize the evidence, identify police errors, and negotiate effectively with prosecutors.

For more information, contact Inland Empire Criminal Defense at (909) 939-7126.

Legal Procedures and Court Processes

Bond Court and No-Contact Orders

When you’re arrested for a CDV charge in California, bond court is one of the first steps you’ll encounter. At bond court, a judge will determine if you can be released on bond and set the amount. Bond restrictions often include no-contact orders, which prohibit you from contacting the alleged victim.

Monitoring Compliance

Police departments may monitor compliance with no-contact orders through unannounced visits or direct questioning of the alleged victim. Violating these orders can result in severe consequences, such as up to 30 days in jail and forfeiting your bond.

Lifting No-Contact Orders

To lift a no-contact order, you must file a request with the court. This typically involves a hearing where both parties can present their case. The alleged victim must consent, and only a judge can modify these orders.

Preliminary Hearings and Trial

Probable Cause

A preliminary hearing determines if there is enough probable cause to support your arrest warrant. Although some see it as a formality, it can be a valuable opportunity to scrutinize the police investigation and gather information for your defense.

Evidence Review

During the preliminary hearing, your attorney can question the police and witnesses about the evidence. This can help identify any weaknesses in the prosecution’s case, such as evidence obtained unlawfully or mishandled.

Trial Preparation

If your case proceeds to trial, thorough preparation is essential. This involves:

• Reviewing all evidence: Ensuring that all evidence is admissible and relevant.
• Interviewing witnesses: Your attorney will prepare witnesses to testify on your behalf.
• Building your defense: Crafting a strategy that challenges the prosecution’s evidence and presents your side of the story effectively.

For more detailed information on these procedures, you can visit California Courts.

In the next section, we’ll look at expungement and record clearing for CDV charges in California.

Expungement and Record Clearing

Eligibility for Expungement

Many people believe that once convicted, their record is permanent. However, in California, there are opportunities to clear your record through expungement. Expungement can significantly improve your future prospects, but eligibility is limited.

A conviction for CDV (Criminal Domestic Violence) in California can be expunged if:

• You were convicted of a misdemeanor or certain felonies.
• You have completed probation successfully.
• You have no pending criminal charges.

However, you are not eligible for expungement if you were sentenced to state prison.

Expungement Process

The expungement process involves several steps and requires careful attention to detail.

1. Determine eligibility: Confirm that your conviction qualifies for expungement under California law. You can find more information on the California Courts website.

2. File a petition: Submit a petition for expungement to the court where you were convicted. This involves filling out forms and paying a filing fee.

3. Court review: The court will review your petition and may schedule a hearing. You must demonstrate that you have met all requirements, such as completing probation and having no new criminal charges.

4. Court decision: If the court grants your expungement, your record will be updated to reflect that the conviction has been dismissed. This means that for most purposes, you can legally state that you have not been convicted of the crime.

Impact on Record

Expungement can have a profound impact on your life:

• Employment opportunities: Many employers are more willing to hire individuals without a criminal record.
• Housing: Landlords may be more likely to rent to you.
• Professional licenses: Expungement can improve your chances of obtaining or retaining professional licenses.

However, note that expunged records can still be accessed in certain situations, such as applying for a government job or professional license.

Not-Guilty Verdict and PTI Program

If you are found not guilty or your case is dismissed, you are immediately eligible for expungement. Additionally, if you complete a Pre-Trial Intervention (PTI) program successfully, your charges can be dismissed, making you eligible for expungement.

Waiting Period

For some convictions, a waiting period is required before you can apply for expungement. Generally, this period is one year after the completion of probation. However, it’s crucial to check the specific requirements for your case.

Application Steps

To apply for expungement:

1. Complete necessary forms: Obtain and fill out the required forms from the court.
2. Gather documentation: Collect proof of completed probation and any other required documents.
3. File with the court: Submit your forms and documentation to the court where you were convicted.
4. Attend the hearing: If required, attend the court hearing and present your case.

Timeline

The timeline for expungement can vary. Typically, it takes several months from filing the petition to receiving a decision. Delays can occur if additional information or hearings are required.

For more detailed information on the expungement process, visit the California Courts website.

In the next section, we’ll address frequently asked questions about CDV in California.

Frequently Asked Questions about CDV in California

Can a CDV be dropped in CA?

Yes, a CDV charge can be dropped in California, but it’s not solely up to the victim. Even if the victim wants to drop the charges, the decision ultimately lies with the prosecutor. Prosecutors often proceed with the case if they believe there is enough evidence to secure a conviction.

Key Points:

• Victim’s Influence: The victim can express their desire to drop charges, but the prosecutor has the final say.
• Prosecutor’s Decision: Prosecutors may continue if they have strong evidence or if they believe the victim is being coerced.
• Non-Participation: If the victim refuses to testify, it can weaken the case, but it doesn’t guarantee dismissal.

How long does a CDV stay on your record in California?

A CDV conviction can stay on your record permanently unless you take steps to have it expunged.

Expungement Eligibility:

1. Not-Guilty Verdict: If found not guilty, you can immediately apply for expungement.
2. Pre-Trial Intervention (PTI) Program: Completing a PTI program successfully can make you eligible.
3. Waiting Period: If convicted, you typically need to wait a certain period (e.g., five years) before applying.

Process:

• Application: File a petition with the court.
• Court Decision: Attend hearings if required, and await the court’s decision.

For more details, visit the California Courts website.

Is CDV 2nd degree a felony in CA?

No, in California, a second-degree CDV is not classified as a felony. However, the severity of the charge can vary based on the circumstances.

Classification:

• Misdemeanor: Most second-degree CDV charges are misdemeanors.
• Aggravating Factors: If there are aggravating factors (e.g., causing significant injury), the charge could be elevated.

Penalties:

• Fines: Up to $1,000.
• Jail Time: Up to one year in county jail.
• Probation: Often includes mandatory counseling and community service.

For more detailed information on CDV classifications and penalties, refer to the California Penal Code.

Next, we’ll delve into how to beat a CDV charge in California.

Conclusion

Facing a CDV charge in California can be stressful and overwhelming. The consequences of a conviction can be severe, impacting your personal and professional life. That’s why it’s crucial to understand the importance of a strong legal defense.

Summary: Beating a CDV charge involves several key strategies. These include identifying mistakes made by law enforcement, understanding the victim’s role in dropping charges, and exploring plea bargaining options. Each case is unique, and having a knowledgeable attorney can make a significant difference in the outcome.

Importance of Legal Representation: Navigating the complexities of CDV charges requires specialized knowledge of California law. A skilled defense attorney will help you challenge the evidence, negotiate with prosecutors, and represent you in court. Their expertise can lead to reduced charges, lesser penalties, or even a dismissal of your case.

Inland Empire Criminal Defense: At Inland Empire Criminal Defense, we are dedicated to providing personalized legal solutions for those facing CDV charges. Our experienced attorneys will thoroughly investigate your case, develop a robust defense strategy, and advocate for your rights every step of the way.

If you need expert legal assistance, don’t hesitate to contact us. We offer free consultations to discuss your case and explore your options. Call us today at (909) 939-7126 or visit our website to learn more.

You don’t have to face this alone. Let us help you navigate through your CDV charge in California and work towards a favorable resolution.