Domestic violence is an incredibly serious issue that has far-reaching impacts on victims, their families, and society as a whole.
Unfortunately, many states have made allowances for those accused of domestic violence to be charged with a felony offense in certain circumstances. In this blog post, we will explore the realities of felony domestic violence and why it’s important to understand the laws surrounding it.
We’ll also discuss what rights victims have when they are facing charges, as well as how these cases are typically handled in the court system. Finally, we’ll look at some resources available to help those whose lives have been impacted by such violence.
What is Felony Domestic Violence?
Felony domestic violence is a serious crime that can have long-lasting, devastating effects on the victim and their family. It is defined as any violent act committed against a family member or intimate partner. This can include physical, sexual, emotional, or financial abuse.
The consequences of felony domestic violence are severe. The offender may face prison time, high fines, and a permanent criminal record. The victim may suffer from physical and emotional injuries, and the entire family may be affected by the trauma of the experience.
If you are a victim of domestic violence, it is important to get help immediately. There are many resources available to assist you in keeping yourself and your family safe.
What is the History of Felony Domestic Violence Laws in San Diego?
In the early 1990s, San Diego was known as the “murder capital” of the United States. This grim distinction was largely due to the high number of domestic violence homicides in the city. In response to this public safety crisis, the San Diego Police Department (SDPD) established a Domestic Violence Unit (DVU) in 1994. The DVU was tasked with investigating all felony domestic violence cases and providing victim support services.
In 1995, California enacted a landmark law that made felony domestic violence a stand-alone offense. Prior to this law, domestic violence was treated as a misdemeanor offense unless it resulted in serious bodily injury or death. The new law allowed prosecutors to charge perpetrators with felony domestic violence even if there was no physical injury involved.
The SDPD aggressively prosecuted domestic violence cases under the new law, and the number of homicide cases decreased dramatically. In 2000, San Diego had the lowest number of domestic violence homicides in over a decade.
Since then, California’s felony domestic violence laws have been strengthened even further. In 2006, voters passed Proposition 83, also known as “Jessica’s Law”, which increased penalties for sex offenders who commit crimes against children. Proposition 9, also known as “Marsy’s Law”, was passed in 2008 and gives victims of crime greater protections and rights during criminal proceedings.
Today, San Diego is no longer considered the “murder capital
What is Considered “Bail” for a Felony Domestic Violence Charge?
There are a few different types of bail that can be set in cases of felony domestic violence. The first is known as an unsecured bond, which means that the defendant does not have to put up any money or property as collateral. The second type is a secured bond, which requires the defendant to post some sort of security, such as cash or property, in order to be released from custody. Finally, there is a third type of bond known as a recognizance bond, which allows the defendant to be released on their own recognizance without having to post any security.
The amount of bail that is set will vary depending on the severity of the charge and the criminal history of the defendant. In general, however, bail for a felony domestic violence charge can range anywhere from $5,000 to $25,000. If the defendant is unable to post bail, they will remain in custody until their trial date.
What are the Consequences for a Felony Domestic Violence Charge?
There can be many consequences for a felony domestic violence charge. Some of these may include:
-A loss of certain civil rights, such as the right to vote or possess a firearm
-Incarceration in state prison or county jail
-Probation
-Fines and restitution payments
-Mandatory counseling or batterer’s intervention programs
A felony domestic violence conviction can have a significant impact on your life. If you are facing charges, it is important to speak with an experienced criminal defense attorney who can help you understand your rights and options.
How Can Someone Post Bail if They Have Been Charged with Felony Domestic Violence?
If someone has been charged with felony domestic violence, they may be able to post bail in order to be released from jail while they await their trial. The amount of bail that is required will depend on the severity of the charges and the criminal history of the accused. If the individual has a previous history of violent crime, or if the current charges are particularly severe, it is unlikely that bail will be an option.
If bail is an option, there are a few ways that it can be paid. The accused can pay the entire amount themselves, or they can use a bail bond company. Bail bond companies typically charge a non-refundable fee (usually 10-15% of the total bail amount) and require collateral, such as property or jewelry, to secure the bond. If the accused fails to appear in court, they forfeit the collateral and may also be subject to additional charges.
Another option is for a friend or family member to act as a surety by cosigning a bail bond agreement. This means that they agree to pay the full bail amount if the accused fails to appear in court. The surety must have sufficient assets to cover the bail amount and should only agree to this arrangement if they are confident that the accused will show up for their court date.
If you have been charged with felony domestic violence, it is important to speak with an experienced criminal defense attorney who can help you navigate the legal system and fight for your rights.
Alternatives to Posting Bail for Felony Domestic Violence Charges
If you are facing felony domestic violence charges, posting bail may not be your only option. There are a few alternatives that you can explore, depending on the severity of the charges against you and your criminal history. If this is your first offense, you may be eligible for pretrial release or electronic monitoring. These programs allow you to remain free while awaiting trial, but come with strict conditions that must be met. If you have a previous conviction for domestic violence or the charges against you are severe, you may not be eligible for these programs and will need to post bail in order to be released from jail.
Conclusion
Felony domestic violence is a serious crime that carries with it harsh punishments and long-term consequences. Any instance of abuse or violence should be taken seriously, regardless of the relationship between the abuser and victim. We must all work together to end this terrible form of violence so that everyone can live safely in their own homes and relationships. If you or someone you know has experienced any kind of domestic violence, there are resources available to help protect you from further harm or seek justice against your abuser.