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How Prior Accusations Affect Your Current Domestic Violence Charges

Any kind of domestic violence charge is serious. Being a wobbler crime, it can be interpreted as either a misdemeanor or a felony, but it is very frowned upon and can damage your reputation for years to come. Permanent criminal records are available to potential employers and creditors, so they can deny you based on this fact.

However, that is not the worst thing that can happen to you if you have priors in domestic violence. If you are accused of another domestic violence crime, you can be in a world of trouble. You will most certainly need a good criminal attorney to guide you out of the problem.

How Prior Accusations Affect Your Current Domestic Violence Charges

The Charge

Any prior conviction can result in a stricter punishment if you are found guilty in your current trial, but repeating the same or similar crimes is particularly damaging because the prosecutors and the judges can jump to the conclusion that the previous punishment did not rehabilitate you and you haven’t learned from it.

This may result in a trial which is somewhat biased against you, despite the best efforts of the judge to stay impartial. The prosecutor, on the other hand, will do his best to reinforce this notion all throughout the trial.

Uncharged Priors

However, the bad news doesn’t end there for you. Not only can the prosecutors call on your previous sentences to demand harsher punishments, they can also use various police reports against you about the similar transgressions which were never charged or prosecuted. Even though nothing came out of them at the time, they were still filed and can be used against you.

What Can You Do?

The first thing you need to do if you ever find yourself in a situation like this, is to contact a qualified criminal defense attorney. You would do best to browse a few options before you decide who to hire, but it helps if they have experience with the particular crime you have been accused of like https://www.monderlaw.com/pratice-areas/domestic-violence.

Have your attorney research your case in full detail in order to find as many alleviating circumstances as possible. If you could get your case to be tried as a misdemeanor, it may result in a milder sentence even if you are found guilty at the end of it.

Ask Your Attorney about Expungement

One way you can prevent your old prior crimes affect your daily life and any later potential trials is to request an expungement of your criminal record. Even though it sounds like a magic wand which could solve all of your problems, there are a number of caveats and stipulations in an expungement plea.

Essentially, if you want to qualify for an expungement, you cannot have any outstanding criminal charges at the moment of request. You also cannot ask for expungement if you are currently serving a sentence or if you are on probation right now.

Even if you are granted an expungement, the crime can never be completely forgotten. It is set aside and ignored unless it is required of you to disclose it. For instance, you will still be obligated to disclose this information if you are running for public office in California.

Prior charges can have a great impact on your current trial, so make sure that your criminal attorney can get as much information about both your prior cases and the current one to be able to help you. Good criminal attorneys are able to navigate the complicated penal code of California with ease.

To contact a San Diego criminal attorney today call Monder Law Gorup
424 F Street, San Diego, CA, US
619-405-0063

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