It's crucial to understand that any domestic violence case is a serious matter. If it's charged as a felony, the potential consequences are severe, with a possible sentence of up to six years in prison. If there's an allegation of great bodily injury, indicating severe harm during the incident, an additional three-year enhancement is added. This is the reality of corporal injury to a spouse under California Penal Code 273.5, which covers felony domestic violence charges.
For an individual facing such charges, the potential nine-year sentence, with 85% of the time to be served, is a stark reality. This should give you a clear understanding of the gravity of these domestic violence cases.
When deciding whether to file a case as a felony or misdemeanor, prosecutors consider one key factor: the nature of the injuries. Are they serious injuries? Are they great bodily injuries? Are there stitches? Are there broken bones?
If there are stitches or broken bones, if there's a serious injury, the person is definitely going to be charged with a felony and be looking at prison time, along with a host of other punishments.
If, on the other hand, it's not a very bad injury, it's a first offense, the person will be looking at being charged with a Penal Code 243(e)(1) domestic battery misdemeanor and facing up to a year in the county jail and other potential punishments like a 52-week domestic violence course, three years' probation and other things depending on what type of offense it was and what happened.
Prior Domestic Violence Conviction
There is another way that I've seen domestic violence cases filed as felonies, and that's if you have a prior conviction for a domestic violence case. That would certainly be in favor of the prosecutors filing the case as a felony rather than a misdemeanor. The prosecutor, as the representative of the state, has the discretion to decide how to charge a case based on the evidence and the law.
However, that doesn't mean they have to file it as a felony. I've seen people getting convicted of misdemeanors and then picking up a new domestic violence case that was filed as a misdemeanor again. Therefore, it ultimately depends on several key factors.
A significant factor is whether it involves the same victim. You keep hitting the same victim over and over again. Obviously, you're going to be in a position where you're looking at a felony charge. Additionally, they will examine the conduct. What happened? Was it dangerous? Did you threaten the other person's life? Did you use a weapon?
Victim Can't Drop Domestic Violence Charges
Everything is not what it seems in domestic violence cases. Sometimes, people will call me up and tell me my significant other has decided they don't want me prosecuted. They've called the prosecutor. They've called the police and told them they don't want me prosecuted, so will the charges be dropped? The answer is a very simple, quick no.
The prosecutors don't care what your significant other says after the fact. They're going to look at what they said at the time. They're going to review the evidence they have. If they've got pictures of injuries, witnesses who are saying you hit your significant other, and your significant other saying you hit them, they're going to file the case regardless of what you say.
Why? Because it's not your significant other against you, it's the People of the State of California against you. The People of the State of California have decided that they're going to treat domestic violence cases very seriously, take away the offending party's gun rights, put him on probation, and send him to prison, depending, again, on the circumstances of the case. A conviction can have long-lasting consequences, affecting your rights, your freedom, and your future.
So, if you're concerned about whether your case is going to be filed as a felony or a misdemeanor related to a domestic violence or spousal abuse charge, pick up the phone. Let's sit down and talk. Let's get to the nitty-gritty. Let's get to the bottom line.
Understanding the complexities of your case and the potential strategies to either avoid charges or reduce the severity is crucial. This is where legal counsel becomes invaluable. Contact a Los Angeles domestic violence attorney at our law firm to review the details of your case and receive the guidance you need. You don't have to face this alone.
With over twenty-five years of experience and having defended thousands of people, I've navigated the complexities of domestic violence cases. I understand the crucial factors, those that don't matter, and how to manage a domestic violence case effectively. You can trust that you're in capable hands.
