Domestic Violence occurs when one person physically strikes another person without consent and the two people are married, in a dating relationship or otherwise romantically involved. This crime can be charged as a misdemeanor or a felony. If charged as a misdemeanor the maximum jail time possible is one-year. If charged as a felony the maximum jail time could be four-years.
The degree of injury to the victim will decide if a case is charged as a misdemeanor or a felony. Regardless of whether the matter is charged as a felony or a misdemeanor if the client is found guilty or pleas guilty he/she must complete a 52-week batterers course, 8 hours of community service and pay various fines and fees.
In order to avoid a client doing the 52-week batterers class an agreement must be negotiated with the District Attorney whereby a non-domestic violence charge (Disturbing the Peace, Assault) is substituted for the domestic violence charge.
Depending on the facts of the domestic violence case and the record of the client agreements can be reached whereby even if the crime occurred attendance at an anger management class (10-weeks) or counseling can relieve a client of the normal requirements of a domestic violence charge. Orange County domestic violence attorney Will Bruzzo has successfully represented many clients in domestic violence cases.