So Chris Brown has decided to do a media tour and gave an interview to Larry King. He is now a bit frustrated about the news coverage of his answers (read: I don’t remember hitting Rihanna), which has yet to air. However, he apparently issued an apology via the song Cry No More.

Well welcome to the real world Mr. Brown. The fact is that one’s legal interests don’t always jive with ones business or public relation interests. Rarely, will someone be able to rehabilitate their public image by giving an interview after a plea deal and then squirming through the details. (Hugh Grant-a notable exception some years back).

Now, maybe it’s true that Brown answered Larry King’s question the first three times he asked them. But who ever said the media is going to focus on the 3 out of 4 times you got it right? The bottom line Chris Brown: if you think your case was difficult, then wait till you have to swim through the media shark tank. It’s too early! Take a deep breath, relax, and stop the interviews-with your attorney by your side or without. Besides, your talent is the best image rehabilitation you have. So get into the recording studio-not the Television studio.

I have posted several times on domestic violence (“DV”) and the Chris Brown/Rihanna saga. Now that Mr. Brown has been sentenced, a few thoughts are warranted.

I commented before that this matter may be resolved rather quickly or can take on a circus like atmosphere. Clearly, Mr. Brown and his legal team believed that contesting the charges was an up-hill battle or otherwise problematic. Brown was sentenced to 5 years formal probation, 180 days Cal. Trans (i.e. labor intensive community service), a one year domestic violence program, a stay away order from Rihanna (despite Rihanna’s request that such a stay away order not be in effect), as well as other conditions. While avoiding jail may sound like a great deal, such plea deal’s are common and defendants often avoid jail time when they have limited or no criminal history. The severity of the victims injuries is a key factor, to be sure. However, even though Rihanna’s injuries appear quite significant, they also are consistent with many similar (yet much less profile) DV cases.

The point is not to minimize the severity of this incident, or to portray Mr. Brown as the victim. But contrary to popular belief, celebrities often receive harsher treatment and sentences than the “average joe.” Although certain things (such as the DV program) are mandatory under California Law, it is quite conceivable that the “average joe” would have received less community service time, perhaps less probation and likely no “stay away” order where the victim herself is against it.

Mr. Brown’s sentence will not be easy. The media glare will be bright and many will look for any conduct justifying a violation of his probation. There are allegations already that Brown violated the terms of his probation by patronizing a night club in Los Angeles where alcohol is served. If Brown is charged with violating his probation, it may be revoked altogether. If that occurs, he can expect no leniency from the judge and will likely serve his sentence in prison. One must only recall the sentence and surrounding circumstances wherein Paris Hilton served in excess of 40 days in jail for a minor misdemeanor probation violation. The average person would likely have served only a few days, if any at all.

So justice in our system can be relative. But one must also remember that those with certain privilege and notoriety don’t always get a just sentence or fair treatment…despite the fact that they are often no less deserving of it.<-->

Today, the Los Angeles District Attorneys office filed two felony charges against Chris Brown for his recent altercation with Rihanna. While her cooperation remains to be seen, the DA’s office clearly took its time and was likely focusing on the severity and nature of the injuries, as well as issues of proof.  Because it is an informative case relating to domestic violance in california,  we will continue to follow developments as this case progresses.

The Chris Brown/Rihanna incident is thus far playing out like a typical domestic violence case.  As i posted earlier , and as has been recently reported, there are now questions whether Rihanna will recant or cooperate with police. A common occurance in domestic violence cases. Moreover, a picture of what appears to be Rihanna was leaked by the LAPD and appears to show significant bruising and other marks.  Charges have not yet been filed against Brown.

Recently, I wrote about domestic violence in California – the myths, the consequences and the realities.

A new incident allegedly has Chris Brown beating superstar girlfriend Rihanna while they were on the way to the Grammys last weekend.  Interestingly, the case touches on some of the aspects I discussed last month. There is the celebrity factor–allegedly severe injuries–and although it is reported that Rihanna is cooperating with police, it remains to be seen whether she and Brown reconcile, likely leading her to recant altogether.

The case can progress in a few ways. Either a quick plea bargain is reached as a result of many factors, including overwhelming evidence. Or, there can be a circus like atmosphere and/or a lack of evidence that leads to a vigorous defense and the prosecution overplaying its hand.

It was reported that there was a witness to the incident.  Moreover, Rihanna allegedly suffered severe injuries for which a felony charge may be warranted. On the other hand, the DA’s office is requesting further investigation by the police before filing charges against Brown (something that is not uncommon in high profile cases, but may mean the evidence against him is weak).

As it stands now, Mr. Brown may have an uphill battle ahead of him. There is not much sympathy for domestic violence in Los Angeles, regardless of the troubled childhood Brown allegedly had. Coupled with his celebrity status, rightly or not, he will likely be made an example of. But high profile cases such as these often do not yield typical results. One would hope the legal system is not judged by these type of cases alone–often it seems that it is.

In recent years, with a rash of tragic incidents and certain hi-profile cases, the consequences and penalties for domestic violence have steadily increased. Police and prosecutors have vigorously pursued and prosecuted such cases. As a result, there has also been misinformation about the nature and circumstance surrounding such a charge.

In California , domestic violence is not only defined as an incident between a husband and wife.  California Penal Code Section 273.5, states that:

Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or he mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.

Depending on the nature and extent of the victim’s injuries, Domestic Violence may be charged as a felony or misdemeanor offense. In the case of a misdemeanor, one may face up to a year in county jail or prison, a fine of $2,000, or both, as well as fines and anger management programs.

Commonly, I see two misconceptions about a Domestic Violence charge:

First,  is the belief that if the victim recants or changes his/her original story, the charges will be dropped against the aggressor.   Say a husband and wife get into a physical altercation and the police are called. The wife tells the police that the husband punched and kicked her during an argument. The police subsequently conduct an investigation and arrest the husband.  The husband is charged with a domestic related battery and has a pending criminal case.  The husband and wife often reconcile but still have to deal with the criminal case.  The belief that the case will “go away” if the wife recants or changes her original complaint is common, but generally wrong.  Domestic Violence is aggressively prosecuted in California, even when the victim recants his or her story. There can be various reasons for this, including that: the prosecutor believes the first story is the accurate one; the prosecutor believes the victim was intimidated or is afraid of proceeding against the aggressor; the case can be established with independent witnesses or other evidence.  While having a recalcitrant victim may help a defendant in certain situations,  the case will not usually be dismissed simply as a result thereof.

Second, many believe that only men will be arrested and charged with Domestic Violence. It is true that the vast majority of domestic violence arrests are against men. It is also true that there is a bias by police and prosecutors that the woman must be the victim and the man the aggressor.  Having said that, women can and do get arrested for Domestic Violence. If the circumstances of the altercation (i.e. her demeanor at the scene; the nature of the injuries to the man) points to the woman, or if there are independent witnesses establishing her culpability, then she likely will be arrested and charged.

The bottom line remains that dealing with such a criminal charge can be complicated enough without the myths and misconceptions that seem to surround this area of law.