Is Domestic Abuse a Felony in California?

Whether domestic abuse is charged as a felony depends on several factors, including the severity of the incident, the injuries involved, and the accused’s criminal history. If you’re facing allegations or want to understand how the law works, knowing when domestic abuse is considered a felony—and the consequences that come with it—is critical. Let’s break it down in simple terms.

How California Law Defines Domestic Abuse

Under California law, domestic abuse (also called domestic violence) is defined as abuse committed against an intimate partner. This includes:

• A spouse or former spouse
• A cohabitant or former cohabitant
• A dating partner or former dating partner
• The parent of your child

Abuse can take many forms, including:

• Physical abuse (hitting, kicking, pushing, etc.)
• Sexual abuse
• Emotional abuse
• Psychological abuse
• Economic control
• Threats of violence
• Stalking

The most common domestic violence charge in California is corporal injury to a spouse or cohabitant under California Penal Code 273.5. This statute makes it illegal to willfully inflict bodily injury resulting in a traumatic condition on an intimate partner.

Is Domestic Abuse a Felony or Misdemeanor?

Many domestic violence charges in California are “wobblers,” meaning they can be filed as either felonies or misdemeanors. The prosecutor has discretion in how to charge the case based on factors like:

• The severity of the alleged abuse
• Whether the accuser suffered visible injuries
• The defendant’s prior criminal record
• Whether weapons were involved

Some common domestic violence charges and how they’re typically filed include:

Corporal Injury on a Spouse/Cohabitant (California Penal Code 273.5)

• Can be charged as a felony or misdemeanor
• Usually charged as a felony if there are visible injuries

Domestic Battery (California Penal Code 243(e)(1))

• Typically charged as a misdemeanor
• Doesn’t require visible injury to the alleged victim

Criminal Threats (California Penal Code 422)

• Can be charged as a felony or misdemeanor

Aggravated Battery (California Penal Code 243(d))

• Usually charged as a felony if serious bodily injury occurred

So, in summary – domestic abuse can potentially be charged as either a felony or a misdemeanor in California, depending on the specific allegations. More serious cases involving injuries or repeat offenses are more likely to be charged as felonies.

Potential Penalties for Domestic Abuse Convictions

The penalties for a domestic violence conviction in California can be severe, especially for felony charges. Some potential consequences include:

Misdemeanor Domestic Battery:

• Up to 1 year in county jail
• Fines up to $2,000
• Probation
• Mandatory domestic violence classes
• Protective order
• Loss of gun ownership rights

Felony Corporal Injury on a Spouse:

• 2-4 years in state prison
• Fines up to $6,000
• Formal probation
• Mandatory domestic violence classes
• Protective order
• Loss of gun ownership rights

Enhanced penalties may apply for repeat offenses or if the abuse resulted in great bodily injury. A felony domestic violence conviction also counts as a “strike” under California’s Three Strikes Law.
In addition to criminal penalties, a domestic abuse conviction can have other serious consequences like:

• Difficulty finding employment or housing
• Loss of child custody or visitation rights
• Immigration consequences for non-citizens
• Damage to your personal and professional reputation

Defenses Against Domestic Violence Charges

If you’re accused of domestic abuse in California, it’s crucial to speak with an experienced criminal defense attorney right away. There may be several potential defenses available depending on the circumstances, such as:

• False allegations: Unfortunately, false accusations of domestic violence do occur, sometimes as retaliation or to gain an advantage in divorce/custody proceedings. A skilled attorney can investigate the accuser’s motives and credibility.
• Self-defense: If you used reasonable force to defend yourself or others from imminent harm, this may be a valid legal defense.
• Lack of intent: To be convicted of most domestic violence charges, the prosecution must prove you acted willfully. If the injury was accidental, you may have a defense.
• Insufficient evidence: Domestic violence cases often come down to one person’s word against another’s. Your attorney can challenge the prosecution’s evidence and work to create reasonable doubt.
• Violation of constitutional rights: If police violated your rights during the arrest or investigation, your attorney may be able to get evidence suppressed.

Remember that every case is unique. An experienced domestic violence defense lawyer can review the specific details of your situation and determine the strongest defense strategy.

What to Do If You’re Accused of Domestic Abuse

If you’re facing domestic violence accusations in California, taking the right steps early on is critical to protecting your rights and building a strong defense. Here are some important things to keep in mind:

1. Remain calm, and don’t discuss the allegations with anyone except your attorney.
2. Comply with any protective orders, even if you believe they’re unwarranted.
3. Document everything, including your version of events and any evidence supporting your side of the story.
4. Avoid contacting the alleged victim, as this could be used against you or violate a protective order.
5. Contact an experienced criminal defense attorney as soon as possible.

How a Criminal Defense Attorney Can Help

At David P. Shapiro Criminal Defense Attorneys, we understand how stressful and overwhelming domestic violence charges can be. When you work with our firm, you can expect:

• A thorough investigation of the allegations against you
• Development of a strategic defense tailored to your unique case
• Protection of your constitutional rights throughout the legal process
• Skilled negotiation with prosecutors to seek reduced charges or dismissal when possible
• Aggressive advocacy at trial, if necessary, to fight for your freedom

We have extensive experience defending clients against domestic violence charges in California courts. Our attorneys understand the nuances of these cases and know how to effectively challenge the prosecution’s evidence.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.