I was arrested 3 years ago for felony d.violence,it was dropped to misdemeanor upon completion of 52 week program.how much time could I do?

UPDATED: May 27, 2009

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I was arrested 3 years ago for felony d.violence,it was dropped to misdemeanor upon completion of 52 week program.how much time could I do?

I had to move out of state for 3 years due to child court,the area was rural and had no classes.I completed 37of52 before leaving.moved back to fix the problem.cops were sent to moms house on a tip from my ex in this state.I moved back to cal. to take care of this . as a warrant is in effect how can I stay out of jail,I think it might have been refiled due to fta as a felony.i dont have enough for an attorney and am scared the public defender will not work for me as this is why I took the deal 3 years ago to get out ofjail.is house arrest an option or are there any options besides jail.

Asked on May 27, 2009 under Criminal Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Domestic violence can be filed as a misdemeanor or felony.  The fact that it was a felony means that it was more serious (physical injury or the like).  However, if this was a first offense and you have not been in trouble, these will be favorable factors to be considered by the court.

What will happen to you I can't say for sure.  The penalties for felony domestic violence in California are:

  • Jail time (time can range from 3 months in County jail to 3 years in State prison)
  • Counseling (52-week program)
  • 40 hours of community service or physical labor (CalTrans)
  • Various fines
  • Stay-Away Order from the victim, including moving out from residence
  • "No Harm, No Strike" Order for couples

Voluntarily turning yourself in will weigh heavily in your favor as will not having been in any trouble in the interim.  As I stated in my previous post to you, you need to take care of this now.  The sooner the better.  Warrants don't expire.  Get an attorney and if it has to be the public defender than that's the way it is.  Hopefully you'll have a different one this time around.

And whatever you do, stay away from your ex!

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