Legal Question in Criminal Law in California
domestic violance
My brother is being charged with domestic violence. There are photos and report. This is his second time but first time was dismissed. He was under the influence of alcohol and drugs. how much time is he facing? Can they give him probation and rehab or counseling instead of time?
1 Answer from Attorneys
Re: domestic violance
If convicted of a misdemeanor, your brother is facing up to a year in jail, though that seems unlikely. If he is facing a felony, he may receive up to a year in jail and probation or 2, 4 or 5 years in prison. Unless there are facts which are not apparent in your message, he should receive ptobation and that probation will involve 52 sessions of domestic violence counselling, drug terms, weapons terms, and might require some time to be spent in rehab, hopefully in lieu of jail. You can read about the mandatory conditions of probation in Penal Code section 1203.097(http://www.leginfo.ca.gov). If I can be of further assistance to your brother, please contact me.
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