Domestic violence is charged only when there is a specific relationship between the accused and the victim
California, like many other states, takes the crime of domestic violence seriously. Once considered a private matter between a couple or to be kept within a family, law enforcement is more likely than ever before to get involved in domestic disputes. In many cases, domestic violence offenses are charged as misdemeanors. However, in some situations, cases involving domestic violence will be charged as a felony.
As an initial matter, it is important to understand what domestic violence is and when it can be charged in California. As a criminal defense lawyer Los Angeles County, CA can explain, domestic violence can only be charged when a particular relationship exists between the accused in the victim. The victim of the abuse must be:
- A spouse or former spouse;
- A fiancé or fiancée;
- A cohabitant or former cohabitant;
- Someone with whom the accused has, or previous had, an engagement or dating relationship; or
- The mother or father of the accused’s child.
- If one of these relationships is not in existence at the time that the offense occurs, then the crime of domestic violence cannot be charged.
Domestic violence is a wobbler in California, which means that it can be charged as a felony or a misdemeanor depending on the facts of the case and the defendant’s prior criminal history. In addition, the extent of the victim’s injuries play a role in deciding how to charge a domestic violence case in California.
There are five situations where a prosecutor could charge felony domestic violence. First, if an individual inflicts corporal injury resulting in a traumatic condition upon an intimate partner, felony domestic violence could be charged. Corporal injury means any physical injury, whether it is serious or minor. A traumatic condition is any wound or other bodily injury caused by the direct application of physical force. Here, a person could be charged with felony domestic violence even if the victim’s injuries were minor.
Second, if a person commits domestic violence and has a history of certain prior battery convictions within the past 7 years, the prosecutor may elect to charge domestic violence as a felony. Third, if an individual commits domestic violence and has a previous domestic battery conviction within the past 7 years, the prosecutor may charge it as a felony.
Fourth, if a person commits domestic violence causing serious bodily injury, it can be charged as a felony. Fifth, if an individual commits domestic violence with force that is likely to cause great bodily injury, the prosecutor may elect to charge the crime as a felony.
As a felony, domestic violence is punishable by between 2 and 4 years in state prison, or up to 1 year in county jail, and a $6,000 fine. If a person has a prior assault or battery conviction within 7 years, the punishment could be increased to between 2 and 5 years in state prison or up to 1 year in county jail and a $10,000 fine. A prosecutor may also add a great bodily injury enhancement to the charge, which will add 3 years of incarceration in state prison to a sentence.
Domestic violence is a serious crime that can lead to significant jail or prison time. That is why it is vital to have an aggressive criminal defense lawyer Los Angeles County, CA to defend you against these types of charges. The Chambers Law Firm can work with you to help protect your rights and freedom. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
