Is Domestic Violence A Misdemeanor Or A Felony Offense?
Depending on the circumstances, a domestic violence offense can be codified as a misdemeanor or a felony in California, which has earned it its nickname as a “wobbler.” Therefore, the outcome of a case can be somewhat arbitrary. If your charge is codified as a misdemeanor, your penalties won’t be as severe as they would be if it were codified as a felony. If your future is riding solely on how the law is worded, the attorneys at Premier Domestic Violence Law Group will fight for the most lenient charge and penalties the conditions of your case allow.
When Domestic Violence Is A Misdemeanor
Domestic violence is codified as a misdemeanor when a person is accused of battery against someone they are in a romantic relationship with, someone they had a past romantic relationship with, the parent of their child, or someone they are living with.
The penalties for a misdemeanor domestic violence offense include:
- Up to $2,000 in fines
- Prison time of up to one year
- A minimum three-year probation period
- Attendance to batterer’s classes for one year
- Up to a $5,000 payment made to battered women’s shelter
Those convicted of a misdemeanor domestic violence offense may also be required to reimburse the victim for counseling and other costs directly resulting from the offense.
When Domestic Violence Is A Felony
Domestic violence is a felony when a person, on purpose, physically hurts someone they are in a romantic relationship with, someone they had a past romantic relationship with, the parent of their child, or someone they are living with. This act of physical force must have resulted in a traumatic condition affecting the victim’s body, like a wound or injury. This can include suffocation and strangulation.
The penalties for a felony domestic violence offense include:
- Up to $6,000 in fines
- Prison time of up to four years
- Formal probation
- Attendance to batterer’s classes for one year
- A required donation to a battered women’s shelter up to $5,000
A repeat felony domestic violence offense within seven years of the previous can garner harsher penalties, including more time in prison and bigger fines.
Talk To A Criminal Defense Attorney Today
If your future rests on wobbly ground, we can stabilize your situation. To get started, call 619-752-3702 or reach out online for a free consultation.
