Domestic Violence and Sentencing

At the Orange County Law Office of David P Schwarz we have litigated many cases involving the sentencing of domestic violence convictions. Please contact our office at 949 735 9266 or via the web. We can also be contacted by email at dpslaw66@gmail.com.

A Domestic violence attorney will protect your interest in serving jail time. The sentencing court is responsible for calculating the number of days the defendant has been in custody before sentencing and for reflecting the total credits allowed on the abstract of judgment.

It is the obligation of the court to determine at the time of sentencing the actual time and conduct credits to be award against the sentence. This scenario gives the person who commits the domestic violence act the most benefits available after their conviction of the crime. The sentencing court can mitigated much of the jail time given by getting more conduct credits issued by the superior court judge. The statement of credits should include the total credits given, broken down between actual time and any good time/work time conduct credits.

A Domestic violence lawyer will also make sure the proper jail credits are given their client when the sentencing court makes is ruling on credits. The court must award any custody credits from the date of the defendant's arrest to the day of sentencing. “Custody” is defined as “any time spent in a jail, camp, work furlough facility, halfway house, rehabilitation facility, hospital, prison, juvenile detention facility or similar residential institution.

This is a broad definition that helps the defendant when seeking to gain credits for the time they have done. The defendant is entitled to actual time credit based on any day, or portion thereof, while in custody, including the day or arrest and the day sentence is imposed.

At the Orange County Law Office of David P Schwarz we will assist the Court in determining the custody credit for the time served between the date of sentencing and the time the defendant is delivered to the final custody facility. This period of time, however, is not included in the court's calculation of credits; it is determined by the agency receiving custody of the defendant. The Orange County Sheriff’s department will calculate all credits the person does while in their custody and assist the court in determining the final credits administered by the court.

A Domestic violence attorney will make sure that for every four days served, the defendant is entitled to one day of “work time” credit where the defendant has not refused to perform any assigned work, and one day of “good time” credit if there is satisfactory compliance with the reasonable rules and regulations of the custody facility. This is a common way to get less jail time.

At the Orange County Law Office of David P Schwarz we have litigated numerous cases involving sentencing credits for domestic violence crimes. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

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