If you've been accused of domestic violence in California and are facing the possibility of criminal charges, you're likely wondering if you'll be charged with a misdemeanor or a felony.

The short answer is, "It depends." Whether you face misdemeanor or felony charges for domestic violence in California largely depends on the specific circumstances of the alleged incident and the factors surrounding the case.

A misdemeanor or felony charge for domestic violence depends on the case details, such as injuries.

A misdemeanor is generally seen as a less serious crime and carries lighter penalties than a felony. However, both are serious charges in the eyes of the law, especially when it comes to domestic violence. The gravity of these charges cannot be overstated, and it's crucial to understand the potential implications.

While the most basic domestic violence charge, domestic battery, is generally a misdemeanor, prosecutors have the discretion to escalate certain cases to felony charges based on aggravating factors.

The significance here is that the potential penalties for felony domestic violence are substantially greater than those for a misdemeanor offense.

In legal terms, domestic violence typically involves harm or threats of harm between people in close relationships. Understanding these legal definitions is crucial, as it can significantly impact the charges you may face and the potential penalties.

This includes married or dating couples, close relatives, or people who live together. Notably, domestic battery isn't just about serious bodily injury. It can also include emotional abuse, threats, stalking, or destroying personal property. The law considers all these forms as domestic violence.

Under California law, many factors define domestic violence. Some examples include the severity of the injury, whether children were present, and any past incidents of violence.

Simply put, domestic violence is normally charged as a misdemeanor offense rather than a felony unless the incident caused an injury or involved a deadly weapon or child victim. It's important to note that even a misdemeanor conviction of domestic battery can be life-changing, with potential long-term consequences that should not be underestimated.

What is Domestic Battery in California?

Under California Penal Code 243(e)(1) PC, domestic battery refers to the willful and unlawful use of force or violence against a current or former intimate partner, spouse, cohabitant, or parent of your child.

Typically, this offense is charged as a misdemeanor. Importantly, it does not require the victim to sustain a visible injury but can still carry penalties, such as up to one year in county jail and fines.

Misdemeanor domestic violence in California includes less severe forms of abuse without serious bodily harm. However, the law does not take any domestic violence lightly. As noted, even a misdemeanor charge could lead to time in the county jail, fines, and mandatory classes on domestic violence.

However, a misdemeanor 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. For this reason, potential consequences and charge classification depend heavily on the facts of the case.

For a misdemeanor domestic violence charge, the penalties can vary depending on how you are charged. For example, in PC 243(e)(1), domestic battery is a misdemeanor charge that might lead to a fine of up to $2,000 and one year in county jail if convicted.

You might also have to attend domestic violence counseling sessions and comply with a restraining order. These penalties are not just to punish but also to prevent future violence and protect the victims.

Another common misdemeanor charge is Penal Code 270, child neglect, or failure to provide care. A conviction under this law can result in similar penalties, including a fine of up to $2,000 and one year in county jail.

When Is Domestic Violence Charged as a Felony?

A domestic violence offense is more likely to be charged as a felony if certain aggravating factors are present. These factors demonstrate a heightened level of violence, risk to the victim, or criminal history on the part of the accused. Some of the most common criteria for filing felony charges include:

• Severity of Injuries: If the victim suffers serious bodily harm, such as broken bones, severe bruising, or internal injuries, prosecutors are more likely to pursue felony charges under Penal Code 273.5 or related statutes.
• Use of a Deadly Weapon: If a weapon such as a knife, firearm, or blunt object is used to threaten or harm the DV victim, the offense will almost certainly be charged as a felony.
• Strangulation or Suffocation: Acts of strangulation or suffocation are treated as particularly dangerous and are often charged as felonies due to the high risk of fatal injury.
• Criminal History: If the accused has prior convictions for domestic violence, other violent crimes, or felonies, prosecutors are more likely to escalate the charges to a felony level.
• Presence of Children: Committing domestic violence in the presence of a child can be an aggravating factor, leading to more serious charges and enhanced penalties.
• Victim is a Child or Elderly: Abuse directed at these vulnerable populations is considered especially heinous and may lead to felony charges under various California statutes.
• Violation of a Restraining Order: If the accused was subject to a restraining or protective order at the time of the alleged offense, this can result in felony charges.

What Domestic Violence Crimes Are Often Charged as Felonies?

In addition to the above, there are numerous other domestic violence laws in California covering a broad range of offenses. Certain crimes are more frequently charged as felonies due to their nature or potential harm or due to statutory regulations. Below are some examples:

• Corporal Injury on a Spouse or Cohabitant (Penal Code 273.5). This law makes it a crime to intentionally cause physical harm that leads to a traumatic condition, such as bruising, bleeding, or fractures, to a spouse, cohabitant, or co-parent. The offense is classified as a "wobbler," meaning it 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. The exact penalties vary, but if convicted, you could face up to four years in state prison and a fine of up to $10,000. The court may also order you to pay restitution to the victim, which means covering any costs related to the crime, like medical bills or property repairs. With a felony, you lose certain rights, like the right to own firearms.
• Stalking (Penal Code 646.9). Stalking involves intentionally and repeatedly following or harassing someone 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). Under California Penal Code 422, making credible threats of physical harm or death that cause the victim to experience ongoing fear is considered a criminal threat. If these threats are especially severe or accompanied by a history of violence, they are more likely to result in felony charges.
• Child Abuse/Child Endangerment (Penal Code 273a, 273d). Domestic violence crimes against children are frequently charged as felonies. Child endangerment (i.e., causing or allowing a child to suffer unjustifiable physical or emotional harm) is a "wobbler" offense; child abuse (inflicting cruel or inhumane corporal punishment on a child) is always charged as a felony.
• Elder Abuse (Penal Code 368). This law protects elderly adults from physical, emotional, or financial abuse. A case may be charged as a felony if it involves substantial physical injury, significant emotional trauma, or financial exploitation.

Several other examples of crimes are wobblers, permitting prosecutors to charge them as misdemeanors or felonies. Common examples include criminal threats and aggravated trespass. The penalties will vary depending on whether the charge is a misdemeanor or a felony. For more information, contact our California criminal defense law firm, Eisner Gorin LLP, based in Los Angeles.

Related Content:

• When is Domestic Violence a Felony?
• Domestic Violence Public Records
• CA Domestic Violence Organizations
• CALCRIM 840 Inflict Injury on Spouse