Whether or not a domestic violence (DV) defendant is charged with a misdemeanor or felony domestic violence offense primarily depends on the specific actions committed by the defendant.
Misdemeanors are crimes for which a person is sentenced to a maximum of 12 months in prison, while felonies are crimes for which a person is incarcerated for a period exceeding 12 months. Because every DV claim is unique, the best way to determine the charge is to consult with an attorney who offers free case evaluations. An experienced attorney can assess the specific circumstances of the case and guide the potential charges and their implications.
California has implemented multiple laws. Depending upon which law a defendant breaks, they can be charged with either a misdemeanor or a felony.
There exists a thin line between misdemeanor and felony when it comes to domestic violence.
For someone to be found guilty, one must commit an act of abuse against someone with whom they have a domestic relationship. In the state of California, one does not necessarily have to be a family member or a spouse for the crime to be termed domestic.
The law acknowledges crimes against a roommate, spouse, a parent of a defendant's child, people who are dating, people who used to date, and family members as a DV violation under certain circumstances.
These offenses are charged and punished differently depending on several factors, including the circumstances of the case, the location in which the arrest was made, the nature of the relationship, the criminal history of the accused, and the attorney representing the accused.
Serious DV incidents are charged as felonies, while those that are less serious are considered to be misdemeanors. However, there are also some cases called “wobblers,” in which the prosecutor assigned to a defendant's case has the discretion to decide whether they will be filing a felony or misdemeanor charge. This element of uncertainty adds to the complexity of domestic violence cases and underscores the potential life-altering impact of the prosecutor's decision on the defendant's future.
Simply put, a domestic violence charge can have significant repercussions, especially if it results in injury, involves a deadly weapon, or involves a child victim. Even a misdemeanor conviction of domestic battery can be life-changing, with potential long-term consequences that should not be underestimated.
This underscores the urgency of understanding the distinctions between misdemeanor and felony charges in domestic violence cases and the need for immediate legal counsel.
Domestic Violence Quick Facts
- Domestic violence typically involves harm or threats of harm between people in close relationships.
- Misdemeanor domestic battery can be elevated in certain cases to felony charges based on aggravating factors.
- Domestic battery can include emotional abuse, threats, stalking, or destroying personal property.
- Potential penalties for felony domestic violence are substantially greater than those for a misdemeanor offense.
- Domestic relationships include married or dating couples, close relatives, or people who live together.
- Many factors define domestic violence, such as the severity of the injury and whether children were present.
- A crucial factor in all domestic violence cases is the issue of past incidents of violence.
What is Domestic Battery?
California Penal Code 243(e)(1) domestic battery is the willful and unlawful use of force or violence against a current or former intimate partner, spouse, cohabitant, or parent of your child. This law does not require the victim to sustain a visible injury.
The primary factors include the severity of the injury, the presence of children during the incident, or the use of a deadly weapon. Understanding these factors can help individuals recognize the potential seriousness of their situation and seek appropriate legal counsel.
As noted, a domestic battery charge can escalate to a felony if the evidence establishes aggravating elements, such as physical injuries or a prior history of domestic violence. This potential for escalation underscores the seriousness of domestic violence cases and the need for legal representation.
The penalties can vary depending on how you are charged. For example, in PC 243(e)(1), domestic battery is a misdemeanor charge that may lead to a fine of up to $2,000 and one year in county jail if convicted. These potential penalties underscore the seriousness of domestic violence charges and the need for immediate legal action.
You may also be ordered to attend domestic violence counseling sessions and comply with a restraining order to prevent future violence and protect the victims.
When is Domestic Violence a Felony?
A domestic violence offense may be filed as a felony if certain aggravating factors are present. These factors typically show a heightened level of violence, risk to the victim, or a defendant's criminal history. The most common criteria for filing felony charges include the following:
- Injuries. Suppose the victim sustains serious bodily harm, such as broken bones, severe bruising, or internal injuries. In that case, the district attorney is more likely to file felony charges under Penal Code 273.5 or related statutes.
- Deadly Weapon. If a weapon, such as a knife or firearm, or used to threaten or harm the victim, the offense will be filed as a felony.
- Strangulation. Acts of strangulation or suffocation are particularly dangerous and are often charged as felonies due to the risk of fatal injury.
- Criminal History. If a defendant has prior convictions for domestic violence, prosecutors are more likely to escalate the charges to a felony level.
- Children are present. Committing domestic violence in the presence of a child can lead to more serious charges and enhanced penalties.
- Elderly Victim. Abuse directed at vulnerable people is especially harsh and may lead to felony charges under various California statutes.
- Restraining Order Violations. If a defendant was under a restraining or protective order, this might result in felony charges.
Felony Domestic Violence Crimes
There are numerous other California domestic violence laws defining a broad range of offenses. Some DV crimes are more frequently charged as felonies because of their potential for harm or statutory regulations, such as the following. :
- Corporal Injury on a Spouse (Penal Code 273.5 PC). This law makes it a crime to intentionally cause physical harm to a spouse or cohabitant that leads to a traumatic condition, such as bruising or bleeding. The offense is a 'wobbler' that can be prosecuted as either a misdemeanor or a felony, depending on factors like the severity of the injury and the defendant's history of similar offenses. If convicted, you are facing up to four years in state prison and a fine of up to $10,000. The court might also order you to pay restitution to the victim to cover any costs related to the crime, like medical bills or property repairs.
- Stalking (Penal Code 646.9 PC). Stalking involves intentionally and repeatedly following or harassing somebody to the point where they fear for their safety. When it includes threats of violence or violations of existing protective orders, it is often classified as a felony offense.
- Criminal Threats (Penal Code 422 PC). Making credible threats of physical harm or death that cause the victim to experience ongoing fear is considered a criminal threat. If a history of violence accompanies these threats, they are more likely to result in felony charges.
- Child Abuse or Child Endangerment (Penal Code 273a, 273d PC). Domestic violence against children is frequently charged as a felony. Child endangerment, which is allowing a child to suffer unjustifiable physical or emotional harm, is a "wobbler" offense. Child abuse, which is inflicting cruel or inhumane corporal punishment on a child, is always charged as a felony.
- Elder Abuse (Penal Code 368 PC). This law protects elderly adults from physical, emotional, or financial abuse. A case might be charged as a felony if it involves substantial physical injury, significant emotional trauma, or financial exploitation.
Aggravated trespass is another crime that prosecutors can charge as misdemeanors or felonies. The penalties will vary depending on whether the charge is a misdemeanor or a felony.
If you were charged with a domestic violence-related crime, our California criminal defense lawyers can use different strategies to obtain the best possible outcome. For more information, contact the Hedding Law Firm, located in Los Angeles, CA.
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