Learn the Difference Between Felony and Misdemeanor Domestic Violence Charges in California

Learn the Difference Between Felony and Misdemeanor Domestic Violence Charges in California

Domestic abuse is a severe offense in California, as it is in many other jurisdictions. Law enforcement is more likely than ever before to become involved in domestic conflicts, which were once considered a private affair between a couple or to be handled inside a family. Domestic violence charges are frequently prosecuted as misdemeanors. However, they may be prosecuted as a felony in some circumstances.

Keep reading to learn the difference between felony and misdemeanor charges. If you are facing criminal charges related to a domestic violence incident, contact Chambers Law Firm at 714-760-4088 for a consultation.

Understanding domestic violence charges

To begin, it’s critical to comprehend what domestic violence is and when it might be prosecuted in California. Domestic violence may only be charged when there is a specific link between the accused and the victim, as a criminal defense lawyer in Los Angeles County, CA can explain. The abuser’s victim must be at least one of the following:

  • Someone with whom the accused has, or previously had, an engagement or dating connection
  • A spouse or past spouse
  • Fiancé or fiancée
  • Cohabitant or former cohabitant
  • Someone with whom the accused has, or previously had, an engagement or dating relationship
  • The accused’s child’s mother or father

If one of these connections does not exist at the time of the incident, the crime of domestic violence cannot be prosecuted.

It is a wobbler offense

Domestic violence is a wobbler in California, which means that depending on the facts of the case and the defendant’s past criminal history, it can be prosecuted as a felony or a misdemeanor. In addition, the severity of the victim’s injuries influences how a domestic violence case is prosecuted in California.

Circumstances that warrant felony charges

A prosecutor may prosecute felony domestic violence in one of five instances. First, felony domestic violence may be prosecuted if an individual inflicts corporal damage on an intimate partner that results in a traumatic condition. Any physical harm, whether major or slight, is referred to as a corporal injury. Any wound or other body harm induced by the direct application of physical force is referred to as a traumatic condition. Even if the victim’s injuries were slight, a person might be prosecuted with felony domestic abuse in this situation.

Second, a prosecutor may choose to prosecute domestic violence as a felony if the perpetrator has a history of certain prior battery convictions within the last seven years. Third, if a person commits domestic violence and has previously been convicted of domestic battery within the preceding seven years, the prosecutor may prosecute it as a felony.

Fourth, domestic violence that results in significant bodily injury can be prosecuted as a crime. Fifth, if a person uses force to perpetrate domestic violence that is likely to result in serious physical injury, the prosecutor may choose to prosecute the act as a felony.

Potential consequences for a domestic violence conviction

Domestic abuse is a crime punishable by two to four years in state prison or up to one year in county imprisonment, as well as a $6,000 fine. If a person has previously been convicted of assault or battery within the last seven years, their sentence might be enhanced to between two and five years in state prison, or up to one year in county jail and a $10,000 fine.

A prosecutor can also add a grave bodily injury enhancement to the offense, which adds three years to the term in state prison.

Domestic abuse is a severe offense that can result in lengthy imprisonment or prison sentences. That is why having an effective criminal defense lawyer Los Angeles County, CA on your side to defend you against these allegations is critical. The Chambers Law Firm can assist you in defending your rights and liberties. To schedule a free initial consultation, call 714-760-4088 or email dchambers@clfca.com.

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