In California, the severity of a domestic violence charge, whether it’s a misdemeanor or a felony, depends on the level of harm inflicted and other factors surrounding the situation.
California law defines battery as using force or violence against another person intentionally. When this happens in a family or romantic relationship, it can be considered domestic violence.
Misdemeanor domestic violence
Under Penal Code Section 243(e)(1), a prosecutor may charge an individual with misdemeanor domestic violence. This typically occurs in cases of:
- First-time offense
- No serious injuries
- No use of weapons
For example, if someone pushes their partner during an argument but does not cause injury, it might be a misdemeanor. Consequences can include up to one year in county jail, fines up to $2,000, mandatory counseling programs, and probation.
Felony domestic violence
Even for misdemeanors, the consequences can be serious. A domestic violence charge can affect your job, housing, and relationships. A felony domestic violence charge is more severe. It is applicable when there are certain factors, such as:
- Serious injuries
- Use of weapons
- Repeated offense
- The victim is a child
For instance, if someone breaks their partner’s arm or uses a knife to threaten them, it would likely be a felony. Penalties can include up to two to four years in state prison, fines up to $6,000, extended probation periods, and loss of gun rights.
Restraining orders
In both misdemeanor and felony cases, courts often issue a protective order. This tells the accused to stay away from the victim and not contact them. Violating a restraining order can result in felony charges.
If you or someone you know is facing domestic violence charges, seeking legal advice is crucial. An experienced attorney can help understand the charges and the complex legal system, build a strong defense and protect the defendant’s rights.
Regardless of whether it’s a misdemeanor or felony, domestic violence charges are serious. Understanding these charges and consulting with a legal professional is essential for anyone facing legal action.
