Domestic Violence Penalties in Los Angeles
The main concern for most people arrested for domestic violence (DV) is the penalties they will face if convicted. California domestic violence cases include a range of different charges and penalties. Notably, most cases are filed as misdemeanors, but more severe cases are filed as felonies.
Under California law, there are specific requirements for anyone convicted of a domestic violence crime and many collateral consequences that are directly connected to that conviction.
For most DV crimes under California law, the district attorney can file the case as either a misdemeanor or a felony called a “wobbler.” The decision is usually based on the level of harm to the victim, use of a weapon, defendant's criminal history, or other aggravating factors.
The term “domestic violence” is used to describe crimes where somebody uses some form of physical force against certain people and their relationship to the defendant, including a spouse or former spouse, boyfriend, girlfriend, children, cohabitant, family members, anyone who defendant has a child with, and more.
The most common domestic violence charges are Penal Code 243(e)(1) PC domestic battery, Penal Code 273.5 PC corporal injury to a spouse, Penal Code 273.6 PC violation of a restraining order, and Penal Code 273d PC child abuse.
Under the CA Penal Code 273.5, penalties for spousal abuse can include punishment in state prison for 2, 3, or 4 years or in-country jail for not more than one year, as well as a fine as high as $6,000 or both.
Anyone convicted of domestic violence in California can also face numerous life-changing collateral consequences. Most domestic violence cases are considered a crime involving moral turpitude. If you are an undocumented immigrant link, then a domestic violence conviction might lead to deportation from the United States or a denial of naturalization.
A domestic violence conviction also means you will lose the right to own or possess a firearm. A misdemeanor conviction will result in a 10-year firearm ban, while a felony will result in a lifetime suspension under federal law.
A DV conviction could also have significant consequences for certain types of employment, such as it might result in a professional license suspension or revocation. Perhaps we can negotiate for reduced domestic violence charges.
What Factors Are Considered By Prosecutors?
A felony domestic violence charge in California would have harsher penalties than a misdemeanor, and some of the factors that the prosecutor will consider are:
- If the victim suffered severe injuries.
- If a weapon was used.
- If the crime was committed against a child or senior citizen.
- Whether the defendant was under the influence of drugs or alcohol.
- Whether the defendant was violating a restraining order or probation.
- Whether the defendant has a prior criminal record.
What Are Standard Misdemeanor DV Penalties?
There are several standard penalties associated with a misdemeanor domestic violence offense in California, such as the following.
- Up to 1 year in county jail.
- Up to 3 years probation.
- Up to $10,000 in fines.
- Donate up to $5000 to a battered women's shelter.
- Pay restitution to the victim.
- Restraining order or criminal protective order.
- Mandatory counseling and community service.
DV Mandatory Probation Conditions – PC 1203.097
California Penal Code 1203.097 PC describes sentencing requirements after a defendant has been placed on probation for domestic violence, such as the following:
- Must be placed on probation for at least three years.
- The court must issue a criminal protective order that protects the victim from further acts of violence, threats, stalking, abuse, or harassment.
- The court might require a full stay-away, no-contact order prohibiting contact with the victim.
- The court might issue a “level one” protective order allowing peaceful contact with the victim.
- A $500 fine that can be reduced based on ability to pay.
- The victim must also be informed of the disposition of the case.
- Defendant required to complete a 52-week batterer's intervention program.
- Defendant required to complete community service hours or even some jail time as a condition of probation.
- Any defendant not placed on probation could serve up to one year in county jail for a misdemeanor conviction or up to three years for a felony.
What Are Common Domestic Violence Crimes?
As noted, the most common California domestic violence crimes are domestic battery, corporal injury, criminal threats, and child abuse, which can be filed as a misdemeanor or a felony.
The prosecutor will base their decision on the specific circumstances of the case, the level of the victim's injuries, and the defendant's prior criminal record. Below is a list of the common domestic violence crimes and penalties.
- Penal Code 243(e)(1) PC domestic battery is described as inflicting force or violence on an intimate partner, but there is no requirement for any visible injuries. Domestic battery is a misdemeanor crime that carries up to one year in county jail and a fine of up to $1,000.
- Penal Code 273.5 PC corporal injury to a spouse or inhabitant is described as inflicting harm that results in a physical injury to an intimate partner. This is a “wobbler,” the penalties can include up to one year in a county jail or up to four years in a California state prison for a felony.
- Penal Code 422 PC criminal threats are described as threatening someone with serious harm and a wobbler that can be charged as either a misdemeanor or a felony. A misdemeanor criminal threat carries up to one year in county jail. A felony carries up to four years in prison and a “strike” under California's “Three Strikes” law.
- Penal Code 646.9 PC stalking is described as repeatedly harassing or threatening another person to a point where they are in fear of their own safety or the safety of their immediate family. Stalking is also a wobbler carrying up to one year in county jail for a misdemeanor or up to three years in state prison for a felony.
- Penal Code 368 PC elder abuse is described as inflicting physical or emotional abuse, neglect, or endangerment on a victim 65 years or older. PC 368 is another wobbler that carries up to one year in county jail for a misdemeanor or up to four years in a California state prison for a felony.
- California Penal 273d PC child abuse is described as inflicting corporal punishment or injury on a child but excludes a reasonable spanking. This wobbler carries up to one year for a misdemeanor or up to three years in state prison for a felony.
- Penal Code 273a PC child endangerment is described as willfully allowing a child in one's custody to suffer harm or have their safety endangered. If the child is at risk of great bodily injury (GBI), it's a wobbler, but normally, a misdemeanor carries up to six months in a county jail.
- Penal Code 591 PC damaging a telephone line makes it a misdemeanor crime for someone to damage or obstruct a communication device to prevent someone from using it to seek help. The penalties include up to one year in jail and a fine of up to $1,000.00 if convicted.
- Penal Code 601 aggravated trespass is the law that defines aggravated felony trespass as threatening to injure somebody and then entering their home or workplace without permission within 30 days of making the threat.
- Penal Code 647(j)(4) revenge porn makes it a crime to post sexually explicit images or videos of someone online without consent, which causes the victim to suffer severe emotional distress.
If you have been accused of any domestic violence offense, call our Los Angeles domestic violence defense attorneys to review the details and options. The Hedding Law Firm is based in Los Angeles, CA.
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